Bailiffs are liable for the care of your car after clamping or taking it
Your claim must prove:
You are owed a duty of care
The duty was breached
You lost money as a result of the breach
You are owed a duty of care
The Law:
Paragraph 25 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
34.—(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.
Official Guidelines:
The Government published official guidelines called, Taking Control of Goods: National Standards 2014, which paragraph 63 states:
Enforcement agents must ensure that goods are handled with proper care so that they do not suffer any damage or cause damage to other goods or property, whilst in their possession. Enforcement agents should have insurance in place for goods in transit so that if damage occurs this is covered by the policy.
Proving the duty was breached
Make a continuous time-stamped video and record the vehicle's condition and contents.
If the vehicle is un-clamped or returned damaged, or anything is missing, you must photograph the damage and make a record of the missing items, then give notice to the creditor and the bailiff without delay
You don't need to say how much the damages are at this stage. You claim them later with a notice called a "letter before action"
Give notice to the bailiff company and the creditor the itemised list of damages caused to the vehicle. This must be given the same day the vehicle is released.
Delay will harm your claim.
Any delay giving notice of the damage, your claim may fail. The bailiff will defend the claim on the grounds the damage is attributed to you.
Proving your losses as a result of the breach
When you have priced up the cost of the repairs, you give the bailiff company and the creditor a "letter before action" inviting them to pay the cost of the repairs according to a deadline.
Give The bailiff company and the creditor an opportunity to pay your damages and set a deadline.
If the deadline passes and the money has not been paid into your bank, then start a claim for damages together with your costs from the creditor and the bailiff company.
Before contacting me, gather the following needed to bring your claim:
- Video or photographs of the wheel-clamped vehicle before it was taken.
- Date the vehicle was taken or un-clamped.
- Video or photographs of the vehicle after it was un-clamped or when it is collected at the compound.
- Date the vehicle was collected, or the wheel-clamp removed.
- Address or location the vehicle was taken from.
- Address of compound the vehicle was taken to. (if applicable)
- Screenshot of the email sent to the bailiff company and the creditor giving notice of the damage.
- Screenshot of the letter before action
- Written quotations for the repairs, or replacement cost of missing items claimed in the letter before action.
- If the enforcement is non-compliant, a list of special damages with supporting evidence.
If you claim succeeds, there are three types of damages you can claim:
