Your Vehicle Was Damaged At The Bailiffs Pound.
Paragraph 35 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of your vehicle after taking control of it. Furthermore, Regulation 34 of the Taking Control of Goods Regulations 2013 says bailiffs must keep your vehicle secure to prevent damage or deterioration.
If your vehicle is damaged after the bailiff removed it, you may recover damages for the repair costs or the vehicle's replacement value if repairs are uneconomical.
Additionally, you may seek compensation for the loss of use of your vehicle during the repair or replacement period, together with any loss of earnings if you use the vehicle in your trade.
You may also claim damages for this breach under Section 3 of the Torts (Interference with Goods) Act 1977, as damaging your vehicle constitutes 'Unlawful Interference.' with your goods.
When recovering your vehicle from the bailiff's compound, it's crucial to inspect it for any damage. Equally important is that you document the vehicle's condition through a detailed inspection report and evidential photographs to support your claim for damages and promptly report the damage to the bailiff company and the creditor.
See: Attending A Bailiffs Vehicle Pound.
Ensure you document sending this notice.
Although bailiff companies seldom respond, issuing the notice is crucial to protect your claim for vehicle repair and rental costs. This step is vital for maintaining a strong record of giving the notice