Attending Bailiffs Vehicle Compound

If your vehicle incurs damage while in the custody of the bailiff as controlled goods, the bailiff is responsible. However, it's crucial to report any such damage promptly after retrieving your vehicle from the bailiff's vehicle pound. Failure to report promptly may jeopardise your subsequent claim, as responsibility for the damage could be attributed to you.

It's important to note that bailiffs wear body-worn cameras, which record and document your vehicle's condition when removing it. Therefore, upon the vehicle's release, it is your responsibility to thoroughly document its condition.

Bailiff companies maintain close ties with owners of vehicle storage facilities, collaborating to increase storage fees for debtors. If you have contacts in the motor trade or vehicle hire industry, you can recover expenses by claiming repair costs for your vehicle after it's returned from the storage facility. Additionally, you can earn a commission by directing your business to a vehicle repair or hire establishment.

It's important to note that you're not obliged to extensively compare repair services, as bailiffs often do not prioritise the most cost-effective storage options for their vehicle compounds. However, it's wise to obtain several quotes for the necessary repairs.

The Law:

Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Care of goods removed

(1)An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.

(2)He must comply with any provision of regulations about their care while they remain controlled goods.

Regulation 34 of the Taking Control of Goods Regulations 2013 states:

Care of controlled goods

(1) Where the enforcement agent removes controlled goods, other than securities, from premises or a highway where the enforcement agent has found them—

(a)the enforcement agent must keep the controlled goods, so long as they remain in the enforcement agent’s control, in a similar condition to that in which the enforcement agent found them immediately prior to taking control of them;

(b)the goods must be removed to storage, unless the goods are removed for sale; and

(c)the storage must be secure and the conditions of that storage such as to prevent damage to or deterioration of the goods for so long as they remain in the enforcement agent’s control.

(2) The enforcement agent must not remove controlled goods to a place where there would be at any time a contravention of any prohibition or restriction imposed by or under any enactment.

If the bailiff has taken your vehicle to a compound far from your location, you have the right to ask for the vehicle to be moved to a closer facility within a reasonable distance from where it was initially taken. Alternatively, you can choose to recover transportation costs incurred in moving the vehicle to a more suitable location from the place it was first taken by the bailiff.

Regulation 19 of the Taking Control of Goods Regulations 2013, states:

Removal and securing goods of the debtor: location

19. Subject to regulation 34 (care of controlled goods), where the enforcement agent takes control of the goods of the debtor under paragraph 13(1)(c) of Schedule 12 the enforcement agent must, save in exceptional circumstances, remove the goods and secure them in or at a place which is within a reasonable distance from the place where control was taken of the goods.

When visiting the vehicle compound, make sure to bring a duplicate of this list with you.

Always use a credit card; a debit card is not an alternative as it facilitates a chargeback easier

Bring a witness along, although they will not be permitted into the secure area of the compound.

Carry a pen, paper, your camera phone, and a 1-metre telescopic selfie stick.

Instruct your witness to document any statements made by the compound staff.Request a written breakdown of charges.

Refrain from disputing fees and storage charges; address this matter later during a detailed assessment hearing.

Do not sign any document relinquishing your right to take legal action. If compelled to sign, discreetly write "declined" in place of your usual signature.

When you are taken out to your vehicle:

Upon being escorted to your vehicle, if you notice any visible damage, it's crucial to promptly inform the staff at the storage compound and carefully document any verbal responses or gestures. The bailiff responsible for removing your vehicle would have captured the interaction using their body-worn camera and generated a vehicle condition report. Failure to produce the recorded footage of the vehicle condition report could weaken their defence.

Using your camera phone along with a selfie stick, proceed to create a thorough video recording outlining the condition of the vehicle. It's advisable to follow this sequence:

Capture the entire front of the car, including the number plate.

Inspect the windscreen thoroughly.

Move around the vehicle to show the bodywork on both sides.

Document the condition of the paintwork, roof, wheel arches (especially damage caused by wheel clamping), bumpers, bonnet, all doors, and tailgate, including any damage to locks. Slowly scan the camera over the roof as it commonly sustains damage from vehicle lifting equipment.

Open the boot and document the condition of the spare wheel and its contents, noting any missing items.

Record the engine bay, ensuring to check the battery, original EMS, fluid levels (especially brake and steering fluid reservoirs), engine number, and any unique markings to verify the originality of the engine.

Document the contents of the glovebox and inspect the lock for damage.

Check for any fluids under the vehicle, as the use of street lifter wheel brackets can lead to steering hydraulic failure.

Inspect all road wheels for damage to hubs, alloy wheels, and tyre walls. Street lifter brackets may cause tyre deflation or hub damage. Confirm the authenticity of the alloy wheels.

Examine tyres for damage resulting from dragging the car on its back wheels with the handbrake engaged.

Record the mileage and fuel levels.

Document the entire under-body of the car. Bailiffs often move vehicles using forklifts in compounds, potentially causing damage to the engine pan, fuel lines, and exhaust system, which may result in the car being written off. Video evidence can support your claim for replacement costs.

Test the operation of the steering lock with the steering wheel in a hard-over position.

Make a note of any missing items both inside and outside the car.

Before driving the car away

If there is noticeable damage, it is crucial to promptly inform the staff at the compound and carefully document specifics such as the individuals notified, the time of notification, and any subsequent responses. They may ask you to sign a "vehicle damage report" Take a photo of the document.

Inspect the brakes to ensure they are in good condition, as wheel clamp chains can sometimes catch on the brake hydraulic lines.

Verify that the power steering operates smoothly. If there is stiffness, it may indicate that the hydraulics have been damaged by moving the car without power to the steering pump.

Test the gearbox or transmission for normal operation, including engaging reverse.

If the vehicle is considered unfit for driving, it is recommended to either reach out to the dealership directly or enlist the assistance of a trusted recovery company to arrange for the vehicle's transport to an authorised main dealer for required repairs. Following this, you can proceed to file a claim to recover the related expenses.

It is crucial to promptly notify both the bailiff company and the creditor/council of any damage incurred by the vehicle following its release from the compound.

Failure to do so promptly may compromise the credibility of your claim, potentially leading to the assignment of responsibility for the damage to you.

Template: Give notice of damage to your vehicle

You can claim the money at a later stage, along with any rental car charges, once you have obtained repair estimates.

It does not matter if the damage was caused by accident or mistake. Huntress Search Limited vs. Canapeum Limited [2010] EWHC 1270 (QB) Case No: WF003166/09

There are three types of damages you can claim:

Special Damages: This includes expenses such as repairing the car, transporting it from the compound, loss of use (e.g., taxi fares, rental car fees), and loss of earnings.

Restitutional Damages: The bailiff may be required to compensate you for any profits or benefits obtained from removing your car.

Conversion: This involves payment or compensation for the denial of your lawful right to use your car.

Special Damages: All claims must be substantiated with receipts, quotes, or other documented evidence.

Rental car: reimbursement on a like-for-like basis or a daily rate for the period of deprivation of your vehicle's lawful use.

Taxis: obtain receipts from any local cab office.

Public transport: retain all receipts and proof of payments.

Flatbed transporter: necessary if the vehicle is unsafe to drive; prioritise safety.

Safety inspection: essential due to uncertainty about the vehicle's condition post-removal by the bailiff.

Loss of use in business: applicable if the vehicle is integral to your business operations.

Car tax during bailiff possession: include DVLA cancellation and amendment fees.

Insurance fees: cover any amendment and cancellation charges.

Servicing and valeting: required to return the vehicle to operational condition.

Repairs: address any damage or alterations not present before the bailiff's removal of the vehicle.

Restitution :

You seek compensation for all funds taken or benefits obtained by the bailiff and their company through the confiscation or sale of your vehicle.

Conversion :

This condition is applicable only if your vehicle was unlawfully taken, and the bailiff was aware of this, such as in the case of a bailiff using an ANPR camera to find your vehicle.

If your vehicle has been sold already, and you decide against seeking court intervention to reverse the sale, you have the option to claim the replacement cost of the vehicle. While the court typically evaluates goods at auction value, you are entitled to seek reimbursement for the expense of replacing the vehicle and restoring it to the same standard and condition as your original vehicle.

Daily compensation for the lawful deprivation of vehicle use

Various solicitors representing their clients have achieved success in obtaining daily compensation for the loss of vehicle use, but the court retains complete discretion. This leads to inconsistent awards. The following are examples:

Vauxhall Zafira 2005: Loss of use for 285 days - £1000 (vehicle written off due to damage during storage)

Jaguar XF 2013: Loss of use for 3 days - £450 per day

Nissan Cube 2012: Loss of use for 35 days - £50 for the first 14 days, then £10 per day thereafter

Skoda Fabia 2002: Loss of use for approximately 3 months - £0 (replacement steering rack costs allowed)

Renault Clio 1998: Loss of use for 16 days, including Christmas Day - £165 (severely damaged in transit, written off)

BMW 7-series 2017: Loss of use for 2 and a half days - £500 (plus cost of parts removed from the vehicle while in storage)

Porsche 911 2012: Loss of use for 7 days - £1100 (tracking device revealed it hidden in a metal shipping container)

Here is how to start your claim