Motor Vehicles, Clamping and ANPR
A motor vehicle is the most popular item for a bailiff to seize. In most cases, it is the most valuable item that you own…and the easiest for an enforcement agent to seize. Under this category of our website (Motor Vehicles Clamping and ANPR) we have introduced the following pages:
The Taking Control of Goods Regulations 2013 specifically provide that an enforcement agent may secure a vehicle by applying a wheel clamp. In fact, if a vehicle is located on a ‘highway’, the regulations specifically provided that it MUST be immobilised by way of a vehicle clamp.
Where the vehicle may be clamped….how long it must remained clamped before removal….and what documentation must be provided by the bailiff/enforcement agent etc is outlined on this page.
If a vehicle is purchased under a Personal Contract Plan (PCP) or is provided by Motability Finance, it cannot be taken into control by a bailiff. With other types of finance (including log book loans and Hire Purchase), the position is not as clear as we would like. Accordingly, in some cases, the vehicle may be seized. Detailed are provided here.
There is a great of confusion (mainly from internet sources) which gives motorists the impression that if they need their car for work that it will be exempt from seizure. Sadly, this is a myth. Even if a motorist is able to provide evidence that his employment would be at risk if his vehicle were seized, his vehicle would only be considered an exempt item if its value is below £1,350.
A bailiff/enforcement agent is permitted to clamp a vehicle if it is located at your premises or on a highway (this is not to be confused with a ‘public highway’). There is a great deal of confusion regarding the definition of ‘private land’. This page should assist.
Under section 68.1 of Schedule 12 (TCEA 2007) it is a serious offence to remove a wheel clamp or to obstruct the bailiff from clamping or removing the vehicle.
Commentary from Bailiff Advice Online
A simple overview of the Taking Control of Goods Regulations 2013 can be read here