Car clamped or towed for someone else's debt

If bailiffs have taken your goods to pay someone else’s debt, regulations allow you to make a third party claim to controlled goods, and you can also claim damages.
This also applies when you buy a car (or vehicle) and bailiffs clamp or tow it away — you might be a victim of an illegal “drive-by” enforcement.

The law states bailiffs must give notice before taking a car and a notice when they remove it.
Give the bailiff company a “notice of claim to controlled goods” containing your name and address, a description of the car and say how you got it.
The bailiff company might ask you to fill in a long-winded form designed to mislead you. Their forms are not compliant with regulations and you may disregard it.
Bailiffs say things like CPR 85 – legal jargon for claiming goods taken for someone else’s debt.

You must give evidence supporting your claim – these are called “exhibits”, for example:
• The receipt of purchase
• The service history documents
• The flow of money from the buyer to the seller
• Insurance document
• Evidence of buying road tax
• If possible, a copy of the advertisement
• Copy of the V5 in your name, or the green new-keeper slip

The bailiff company has three days to give your notice and exhibits to the creditor, who then has a further seven days to answer your claim — a total of ten days.
If your claim is refused or not answered after ten days, apply to the court for a Third Party Claim to Controlled Goods together with your damages and costs.

Making Your Application.

Make a witness statement describing the car, any money demanded or taken by the bailiff, and copies of your supporting exhibits you gave the bailiff company.
Apply at court together with a claim for your damages, and they will decide your claim.
When the court makes the order to return your car, it will list a further hearing to decide your damages and award your costs.
You must serve a copy of the order on the bailiff company and by text message to the bailiff’s mobile phone.
You cannot be charged a “fee” or “storage charges” to return your car.

Damages.

Make a witness statement describing the car, any money demanded or taken by the bailiff, and copies of your supporting exhibits you gave the bailiff company.
Apply at court together with a claim for your damages, and they will decide your claim.
When the court makes the order to return your car, it will list a further hearing to decide your damages and award your costs.
You must serve a copy of the order on the bailiff company and by text message to the bailiff’s mobile phone.
You cannot be charged a “fee” or “storage charges” to return your car.