Can I remove a wheel clamp from my car?
No you certainly cannot!! Under Section 68.1 of Schedule 12 of the Tribunal, Courts and Enforcement Act 2007 it specifically provides that it is a serious offence to remove a wheel clamp or to obstruct the bailiff from clamping or removing the vehicle. A person found guilty on conviction may face being fined (level 4) or sent to prison for a term not exceeding 51 weeks…or both. Sadly we have received many reports of debtors being arrested and charged following the removal of a wheel clamp.
Location where a vehicle can be seized
The regulations specify that a vehicle may only be clamped either on the debtors premises or, on a highway. A vehicle must not be clamped on private property such as another persons driveway, a supermarket car park or motorway service areas etc.
The notices that must be provided
If a bailiff has clamped a vehicle, Regulation 18.4 of the Taking Control of Goods Regulations 2013 provides that he must provide a Warning of Immobilisation. Further details of the statutory notices required can be read here.
How long can the vehicle be clamped for?
Regulation 18.5 specifically provides that a vehicle should remain clamped for a minimum of two hours. What this means is that if the vehicle is clamped, it cannot actually be removed to a vehicle pound unless it has been clamped for more than two hours. In addition, a bailiff cannot charge a ‘removal’ (sale stage fee) of £110 unless this time period (of 2 hours) has elapsed.
Unfortunately, legislation does not provide for the length of time that a vehicle can remain clamped for.
The wheel clamp fell off.
Many times we receive enquiries from a motorist claiming that the wheel clamp ‘fell off’ or was not in some way ‘secure’. It is always the case that when an enforcement agent clamps a vehicle, he will ensure that the clamp is properly secure, and most importantly; he would usually record the clamping of the vehicle using his body worn camera.
What is likely to happen if I remove the wheel clamp?
If an enforcement agent discovers that the vehicle has been removed, then in almost all cases, he will report the matter to the police. The police will then attempt to locate the vehicle by way of ANPR. If found, it would likely be taken to the police pound. Unfortunately, there are many reports of arrests being made for this particular offence.
Commentary from Bailiff Advice Online
If you have any queries in relation to a vehicle that has been clamped by a bailiff, you can email a question to us using our popular Enquiry Form. Alternatively, you can contact us by phone on 01643 841886. Please refer to our Contact Page for further details.
A simple overview of the new Taking Control of Goods Regulations 2013 can be read here.