What is a Part 85 Claim?
A Part 85 Claim refers to Part 85 of the Civil Procedure Rules (CPR) which was introduced into legislation in 2014 and deals with the steps that should be taken when there is a dispute regarding goods (most commonly a motor vehicle) that have been ‘taken into control’ (clamped or removed etc) by a bailiff (enforcement agent). A Part 85 claim is a relatively simple, speedy and most importantly, free procedure that if well drafted, should avoid the need for costly court injunctions etc. Most commonly, a Part 85 claim would be made in the following circumstances:
Where a vehicle has been seized by an enforcement agent which the motorist believes should be an ‘exempt vehicle’.
Where a vehicle has been seized by the bailiff /enforcement agent for a debt owed by the previous owner. Such a claim is referred to as a ‘Part 85 Third Party Claim‘.
It is important to stress that , a Part 85 claim will temporarily suspend the sale of the vehicle (or any other goods).
Is there a time period in which a Part 85 claim can be made?
- Yes there is. Under the legislation, a Part 85 claim must be submitted to the enforcement company within seven day from the date that the goods were “taken into control’ (clamped or removed). If you are making the claim after 7 days, you would need to provide an explanation as to why your late claim should be considered as an exceptional case…for example; that you had been unaware of the name of the company that had removed the vehicle, or possibly that you had only known of the seizure when you returned from holiday etc.
I want to submit a Part 85 claim…is there a specific form?
No, there is no specific form. Instead, you would be required to provide a well drafted Statement. If you have any questions regarding such a Statement, please do not hesitate to contact us as we have a lot of experience with Part 85 Claims.
The bailiff has taken control of my car. I believe that the vehicle is an exempt vehicle.
Such a claim is referred to as a Part 85.8 Claim to Exempt Goods.
Before considering whether you would have grounds in which to make a Part 85.8 Claim to Exempt Goods, you would first need to know which items legislation considers to be ‘exempt’. The following page from our website should assist.
What information would I need to provide when making a Part 85 Third Party Claim?
As outlined above, a Part 85 Third Party Claim would apply if your vehicle has been seized by a bailiff (enforcement agent) for a debt owed by the previous owner (registered keeper). In most cases the debt would relate to unpaid penalty charge notices.
In your Statement to the enforcement company you would be required to provide the following information:
Your Full Name
Your full address
Your contact telephone number
A valid email address
Photographic ID
A description of the goods seized (make, model and registration number of the vehicle).
The grounds on which the claim of ownership is being made
To improve the chance of your Third Party Claim being accepted, you would also be required to provide the following evidence:
A description of the goods seized (make, model and registration number of the vehicle).
A copy of the V5c (Log Book) issued by DVLA (or explanation if not available).
A copy of the Insurance Certificate (usually effective from date of purchase).
Evidence that you had purchased a Road Fund Licence for the vehicle.
A valid receipt for the purchase.
Evidence to show how payment had been made. For example; a bank statement detailing a sum of money either paid out or withdrawn in cash similar to the purchase price.
Explanation as to how you had acquire the vehicle.
Copy of an online advertisement (if available).
Whether the previous owner had been a friend/relative etc.
Please note that almost all enforcement companies will be suspicious of Part 85 Third Party Claims where a high value vehicle had been purchased by cash.
What happens after a Part 85 Claim has been sent?
In accordance with CPR 85, the enforcement company has 3 WORKING DAYS in which to pass your Part 85 Claim to their client…(the local authority that issued the Penalty Charge Notice etc).
The creditor (the local authority) then has seven working days to respond back to the enforcement company with their decision. The enforcement company should notify you within a further three working days with a decision (this would be to either confirm acceptance of your claim (in which case the vehicle is released back to you) or to dispute the claim.
The enforcement company are not allowed to either approve or reject a Part 85 claim. Instead, they must pass a copy of the Part 85 Claim and supporting evidence to the creditor (local authority) who will access the evidence and make a decision.
Commentary from Bailiff Advice Online
If your vehicle has been seized for the previous owners debt (usually for an unpaid Penalty Charge Notice) or you believe that you have grounds to submit a Part 85 Claim, you can email a question to us using our online Enquiry Form. Alternatively, you can contact our free helpline. Details are on our Contact page.
Lastly, our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.