Bailiff towed your car away

Do first

Dial 999 and report the vehicle as stolen. If a bailiff has seized it, the police will provide you with details regarding the bailiff company and the name of the council or creditor they represent.

For those located in Greater London, contact TRACE on 0845 206 8602 (available 24 hours).

Inform the DVLA that your car has been taken without your permission. This action shields you from liability for traffic penalties and facilitates the process of renewing tax or insurance.

If there is a loan secured on the vehicle, notify the lender. They have the authority to reclaim the vehicle if anyone attempts to register as the new keeper with the DVLA.

Conduct an enforcement compliance check.

Your options

If the debt is attributed to a previous vehicle owner, make a third party claim to controlled goods.

For vehicles on hire purchase or leased, seek an emergency injunction.

If you did not receive a Notice of Enforcement, consider implementing a Pay & Reclaim or pursue a chargeback through your banking app.

If the vehicle is exempt goods, make a claim to exempt goods.

In the event of you recently changng address from the address listed on the warrant of control, then the warrant is a defective instrument, appeal the PCN and provide the bailiff with an opportunity to return the vehicle.

If the amount demanded exceeds the value of the vehicle, leave it with the bailiff and notify the DVLA to deregister it as scrapped.

If the debt is legitimate, payment is necessary to retrieve your vehicle.

If the bailiff is imposing daily storage fees for your vehicle (e.g. Newlyn Plc £48 per day), apply for a detailed assessment hearing.

If your vehicle sustains damage upon its return, you have the right to seek compensation for repair costs and associated expenses incurred in restoring it to working condition.

If you are the debtor specified in the warrant, you can pursue a claim for damages in accordance with paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007). Alternatively, if you are not the named debtor, you can seek recourse under section 3 of the Torts (Interference with Goods) Act 1977.

Responsibility for the care of your vehicle post-recovery falls under paragraph 35 of Schedule 12 of the TCEA 2007. Legal action would typically involve the council as the defendant.


The Law:

Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) 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.


Additionally, the law mandates that the bailiff must furnish the debtor with a notice detailing the actions being taken when clmaping or removing the vehicle.


Should the bailiff fail to adhere to either of these regulations during the vehicle removal process, you have the right to initiate legal proceedings:


Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

See: Attending a bailiff's vehicle compound.