Bailiff unlawfully seized your goods? Know your legal remedies

Bailiff has towed your vehicle: legal remedies and urgent steps

Immediate action to take

When a bailiff tows away your vehicle, it is imperative to act swiftly and decisively. The first step should be to contact TRACE on 0845 206 8602, particularly if you are located in Greater London. TRACE operates around the clock and can provide information as to the authority under whose instruction the vehicle has been taken. Simultaneously, you should report the vehicle as stolen to the police. While it is often the case that police officers will respond that such matters are civil rather than criminal, this assertion is not determinative of your right to register the incident. The report must be logged on the Computer Aided Dispatch (CAD) system to create a verifiable record of the event. You should also inform the DVLA that the vehicle has been taken without permission. This is not a mere formality. Failure to do so may expose you to liability for subsequent traffic contraventions, particularly if the vehicle is used without your knowledge or consent.

Legal authority and ownership issues

Statutory authority for a bailiff to take control of goods derives from Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Paragraph 10 of that Schedule makes clear that a bailiff may only take control of goods that belong to the debtor. Where the vehicle is subject to a hire-purchase or lease agreement, the correct approach is to apply to the court for injunctive relief under paragraph 66 of Schedule 12. This remedy lies also under section 4 of the Torts (Interference with Goods) Act 1977. The owner, in such circumstances, can also make a third-party claim pursuant to paragraph 60 of Schedule 12. If more than seven days have passed since the removal of the vehicle, and no proper notice has been given or process followed, an application may be made under sections 3 and 4 of the 1977 Act for the return of the vehicle and damages for the period of unlawful interference.

Statutory procedural requirements

It is also essential to scrutinise whether the taking of control was effected in accordance with the procedural protections enshrined in the Taking Control of Goods Regulations 2013. Regulation 18 provides that a vehicle must be immobilised for a minimum of two hours before removal, unless the sum outstanding is paid. The bailiff must affix a written warning of immobilisation pursuant to regulation 31(1), and that warning must contain specified information including the time of clamping, the sum outstanding, and the bailiff's contact details, as per regulation 16(3). The debtor must be given a further notice under paragraph 33(1) and paragraph 34(1) of Schedule 12, together with an inventory under regulation 33. Failure to adhere to these requirements renders the enforcement action procedurally defective and may invalidate the taking of control altogether.

Defective address and improper service

Where the debtor is not in fact the registered keeper, or where the debt itself relates to a different address, section 7 of the Interpretation Act 1978 becomes relevant. Service of the notice at the wrong address does not satisfy the requirements of Schedule 12, and enforcement is thereby rendered unlawful. In such cases, an injunction may be sought compelling the return of the vehicle, and damages may be claimed under paragraph 66(5)(a) of Schedule 12 or section 3 of the 1977 Act.

Pay and reclaim as an immediate remedy

Should you elect to recover the vehicle immediately, one available course is to pay the demanded amount under protest and bring a subsequent claim for restitution. This is often referred to as pay and reclaim. A parallel route is to bring a chargeback claim through your bank if the payment was made by card. If the amount in question is below £10,000, the small claims track is usually the most efficient procedural forum. Under Civil Procedure Rule 44.2, the court retains discretion to award costs in accordance with the conduct of the parties, and CPR 46.5 permits the recovery of costs where a litigant has been compelled to instruct a solicitor due to unreasonable behaviour by the opposing party.

Exempt goods and grounds for release

Where your vehicle is clearly exempt—for example, where it is used in the course of employment or is essential for the transport of a disabled person—you may file a claim to exempt goods. The statutory basis for such a claim is found in regulation 4(1) of the 2013 Regulations and paragraph 4 of Schedule 12, which exclude such goods from the ambit of enforcement.

Challenging storage charges

If storage charges are being levied following the seizure of your vehicle, and those charges are unreasonable or have arisen following unlawful enforcement, you are entitled to apply to the court for a detailed assessment of costs under section 70 of the Solicitors Act 1974. This is particularly relevant where the enforcement agent seeks to recover fees beyond those permitted under the Taking Control of Goods (Fees) Regulations 2014.

Avoid signing disclaimers

Under no circumstances should you sign any disclaimer or document purporting to waive your rights in return for the release of the vehicle. Bailiff companies may present such disclaimers in an effort to preclude future legal action. Signing such a document may operate as an estoppel. If you feel compelled to sign under duress, you may mark the signature line with the word declined or make an unintelligible mark in place of a signature. This may assist in rebutting any future assertion that you agreed to forgo legal rights.

Applying for urgent interim relief

In serious cases of abuse or where urgent recovery is needed, you may apply to the County Court or the High Court for an interim injunction under CPR 25.1. The test for such relief is set out in American Cyanamid Co v Ethicon Ltd [1975] AC 396. The court will consider whether there is a serious issue to be tried, whether damages would be an adequate remedy, and where the balance of convenience lies. In many such matters, the urgency and irreplaceable use of a vehicle will justify interim relief.

Conclusion and available remedies

In sum, if a bailiff has removed your vehicle in circumstances where notice was not served, the procedure was not followed, or the goods taken do not lawfully belong to the debtor, then you may pursue remedies under paragraph 66 of Schedule 12, sections 3 and 4 of the Torts (Interference with Goods) Act 1977, and Civil Procedure Rules 44.2 and 46.5. These include orders for return, compensation for losses, injunctions, and full recovery of legal costs. In many such cases, the bailiff company will find itself liable for costs that exceed the value of the underlying debt, rendering the seizure economically and legally unsustainable.