Bailiff Took Your Car Without Giving Notice
Bailiffs are authorised to take control of and remove vehicles from highways or private land, but they are legally required to provide the debtor a written notice, known as an 'inventory'. If a bailiff removes your vehicle without giving this inventory, you have the right under Civil Procedure Rule 84.13 to apply to the court for an order for its return.
This action is necessary because such enforcement breaches paragraph 34 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, entitling you to claim damages and recover your legal costs.
Paragraph 34 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 mandates that a bailiff removing goods must provide the debtor with an inventory as soon as reasonably practicable. Regulation 33 of the Taking Control of Goods Regulations 2013 specifies that the inventory must include details such as a description of the goods, the reason for their removal, and the date and time of removal. This information is essential for the debtor to understand the reasons for the removal and to verify the inventory's accuracy.
This is what an Inventory should look like.
Paragraph 33(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 stipulates that bailiffs taking control of a vehicle on a highway must provide the debtor with a "notice after entry, and/or taking control of goods on a highway." Regulations 30-32 of the Taking Control of Goods Regulations 2013 specify the required contents of this notice, which must be given to the debtor. Additionally, the bailiff must give a written warning of immobilisation and provide information about the vehicle's location and the procedure for the debtor to reclaim it.
Bailiff companies employ individuals to patrol the streets with an ANPR camera, searching for vehicles associated with unpaid traffic contravention debts. When they locate such a vehicle, they send a bailiff to clamp and subsequently remove it without the driver's knowledge. Before applying to the court to order the return of your vehicle, you must identify which provisions of Schedule 12 the bailiff has breached.
Alternatively, if you are unable to identify which provisions of Schedule 12 the bailiff has breached, you may employ a pay and reclaim strategy. This approach allows you to regain control of the vehicle and subsequently file a claim for any damage to the vehicle after the bailiff removed it.