Can a Bailiff clamp my car?
In 2014 significant changes were made to bailiff enforcement with the introduction of the Taking Control of Goods Regulations 2013. In relation to motor vehicles, Regulation 16 & 17 of the legislation clearly allows an enforcement agent to immobilise a vehicle by fitting a wheel clamp.
Location where a vehicle may be clamped
The regulation specifically provides that a vehicle may only be clamped (immobilised) at the following locations:
The debtor’s home
The debtor’s place of business or:
On a ‘highway’
For the avoidance of doubt, a bailiff/ enforcement agent is not permitted to take control of a vehicle in either a public or a private car park (which includes supermarket car parks, large shopping outlets, hospitals, motorway service areas etc), unadopted roads or other land that is owned by private individuals (such as a neighbour’s or relatives driveway).
If a bailiff has clamped a vehicle the new regulations specifically provide that he must by law provide a Notice of Immobilisation. Further details of the notices required can be read here.
How long can the vehicle be clamped for?
The regulation specifically provide that a vehicle should remain clamped for a minimum of two hours. Therefore a bailiff cannot charge a ‘removal’ (sale stage fee) of £110 unless this time period has elapsed.
Use of ANPR to locate a vehicle.
This is a subject that has always been of serious concern to us and for this reason we have a separate page on this subject here.
Does Section 54 of the Protection of Freedoms Act apply?
No. Section 54 of the above Act of Parliament is only in relation to unauthorised parking on private land (such as supermarket car parks, large shopping centre etc). It has no relevance whatsoever to a bailiff enforcing a warrant of execution/warrant of control. With so much incorrect information being available on the internet about Section 54 of the Protection of Freedoms Act we have provided a separate page on this subject here.
Clamping a car belonging to wife/husband.
A further important provision in the new regulations it that goods in which a ‘co owner’ has ‘an interest’ may be taken into control. This includes jointly owned goods. The enforcement agent would need to either ‘know’ that the person has an interest (in the goods) or that he would know if he made ‘reasonable’ enquiries’.
The bailiff should not have clamped my car…what can I do?
Part 6 of the Taking Control of Goods Regulations 2013 outlines the steps that must be undertaken if there is a dispute regarding goods (including a vehicle) that have been seized. This procedure applies to ‘third party goods’ and to goods which the debtor considers should be ‘exempt’ (for instance for ‘business use’ or even when its value is questioned).
Can I issue a claim in the County Court instead?
No. The regulations outline the steps that should be taken if there is a dispute about goods that have been taken by a bailiff and the first step, is that any dispute must first be made in writing to the local authority (or creditor) and copied to the enforcement company. There is a very strict period of time for this procedure. The local authority/court/creditor must first have the opportunity to consider the dispute.
Cut I cut off the wheel clamp?
No!! Under the new regulations it is now a criminal offence to intentionally obstruct a person acting lawfully as an enforcement agent. The relevant legislation can be found under Section 68.1 of Schedule 12 of the Tribunals Courts & Enforcement Act. We have provided a separate page on this subject here.
Note from Bailiff Advice Online:
If you have any queries about a vehicle that may have been ‘clamped’ or about a vehicle that has been taken by a bailiff, you can email a question to us using our popular Question page. Alternatively, you can contact us by phone. Details are on our Contact page.
A simple overview of the new Taking Control of Goods Regulations 2013 including details of bailiff fees, the notices that must be given by the bailiff and items that are ‘exempt’ from being taken into control can be read here.