ANPR vans

Bailiffs crawl at night with an ANPR camera and clamp vehicles with unpaid traffic debts.

Car registrations linked to outstanding parking fines are recorded in a database accessible to bailiff companies, leading to increased nighttime clmaping using ANPR cameras. When these vehicles are identified, bailiffs clamp them and demand money from the owner.

Unexpected clamping or towing by bailiffs with ANPR triggers failed enforcement, allowing for claims of damages due to non-compliant enforcement.

For leased or hire-purchase vehicles, seek an emergency injunction aand claim damages and legal costs from the council that issued the PCN.

If the warrant address differs from your current address, apply for a detailed assessment hearing to suspend enforcement and potentially retrieve your vehicle through a court order.

For money taken by the bailiff following a nighttime ambush clamping, pursue fee recovery alongside a damages claim.

Legally, a notice of enforcement must precede vehicle removal by at least seven clear days. Additionally, bailiffs must provide debtors with an inventory upon vehicle removal, either onsite or at the debtor's property.

Drive-by ANPR clamping, as practiced, conflicts with regulations stipulating that bailiffs may only take control of goods belonging to the debtor, as outlined in Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Bailiff companies evade penalties under the guise of a civil matter enabling indiscriminate clamping.

Previously, prior to regulation, bailiffs operated under the assumption, or "prima facie," that goods belonged to the debtor, shifting the burden of proof to the debtor or owner. This paradigm shifted in 2012 following a drive-by clamping incident brought to the attention of the Local Government Ombudsman. In a report dated 10 July 2012, the Ombudsman at Paragraph 8, deemed it reasonable for bailiffs to verify ownership with the DVLA.

In a Parliamentary briefing paper dated 19 September 2018, it is noted on page 9 that bailiffs are expected to confirm vehicle ownership by conducting checks with the Driver and Vehicle Licensing Agency (DVLA).

The Law:

Paragraph 7 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Notice of enforcement

7(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

(2)Regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when the notice is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions.

You can bring the action against the council.

Common causes

You purchased a vehicle, but the ticket is issued to the previous owner (keeper).

The registered address of the vehicle with DVLA does not match your current address.

You relocated after the date of the violation.

The vehicle is registered in Scotland or another country.

You purchased a vehicle, but the ticket is issued to the previous owner (keeper).

Make a third party claim then a claim under the Torts (Interference with Goods) Act 1977

The Law:

Section 3 of the Torts (Interference with Goods) Act 1977 states:

Form of judgment where goods are detained.

(1)In proceedings for wrongful interference against a person who is in possession or in control of the goods relief may be given in accordance with this section, so far as appropriate.

(2)The relief is—

(a)an order for delivery of the goods, and for payment of any consequential damages, or

(b)an order for delivery of the goods, but giving the defendant the alternative of paying damages by reference to the value of the goods, together in either alternative with payment of any consequential damages, or

(c)damages.

(3)Subject to rules of court—

(a)relief shall be given under only one of paragraphs (a), (b) and (c) of subsection (2),

(b)relief under paragraph (a) of subsection (2) is at the discretion of the court, and the claimant may choose between the others.

(4)If it is shown to the satisfaction of the court that an order under subsection (2)(a) has not been complied with, the court may—

(a)revoke the order, or the relevant part of it, and

(b)make an order for payment of damages by reference to the value of the goods.

(5)Where an order is made under subsection (2)(b) the defendant may satisfy the order by returning the goods at any time before execution of judgment, but without prejudice to liability to pay any consequential damages.

(6)An order for delivery of the goods under subsection (2)(a) or (b) may impose such conditions as may be determined by the court, or pursuant to rules of court, and in particular, where damages by reference to the value of the goods would not be the whole of the value of the goods, may require an allowance to be made by the claimant to reflect the difference.For example, a bailor’s action against the bailee may be one in which the measure of damages is not the full value of the goods, and then the court may order delivery of the goods, but require the bailor to pay the bailee a sum reflecting the difference.

(7)Where under subsection (1) or subsection (2) of section 6 an allowance is to be made in respect of an improvement of the goods, and an order is made under subsection (2)(a) or (b), the court may assess the allowance to be made in respect of the improvement, and by the order require, as a condition for delivery of the goods, that allowance to be made by the claimant.

(8)This section is without prejudice—

(a)to the remedies afforded by section 133 of the Consumer Credit Act 1974, or

(b)to the remedies afforded by sections 35, 42 and 44 of the Hire-Purchase Act 1965, or to those sections of the Hire-Purchase Act (Northern Ireland) 1966 (so long as those sections respectively remain in force), or

(c)to any jurisdiction to afford ancillary or incidental relief.

The registered address of the vehicle with DVLA is not your current address

Appeal the ticket on the grounds you were not given a Notice to Owner (NTO), then make a claim for damages.

Bailiffs justify their actions by claiming that it is the responsibility of the vehicle keeper to update the DVLA.

Counting on information from the DVLA that leads to inaccuracies on the warrant of control does not exempt the bailiff from responsibility for violations of Paragraph 7.1 or 10 of Schedule 12.

You have moved after the contravention date

Challenge the ticket citing the absence of a Notice to Owner (NTO), and subsequently pursue a compensation claim against the council responsible for issuing the warrant.

The vehicle is registered in Scotland or overseas

The Traffic Enforcement Centre (TEC) has jurisdiction only over matters within England and Wales, meaning a council is not permitted to seek a warrant of control for the recovery of unpaid traffic debts.

While a council retains the ability to issue a ticket, if a bailiff employs the schedule 12 procedure to take control of the vehicle, it constitutes theft as there exists no lawful authority for such action in Scotland.

The Law:

Section 1 of the Theft Act 1968 states:

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and "thief" and "steal" shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

(3)The five following sections of this Act shall have effect as regards the interpretation and operation of this section (and, except as otherwise provided by this Act, shall apply only for purposes of this section).

Section 1 of the Theft Act 1968 states:

Taking motor vehicle or other conveyance without authority.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

When the ANPR camera gets a "hit"

Less expensive vehicles are clamped, followed by a demand for payment from the vehicle's keeper to release it.

On the other hand, more valuable vehicles are removed to a storage compound, where bailiffs impose substantial storage fees. These charges can be contested through a detailed assessment hearing.

Bailiff firms do not have access to the registered keeper's personal details such as name or addresses.

The ANPR database used by bailiffs only contains information related to unpaid parking tickets.