Bailiff Enforcement Breaches: See How Much You Can Claim

If a bailiff unexpectedly clamped or towed your vehicle or took a money transfer for an unknown unpaid debt in the last six years, you may be entitled to significant compensation from the creditor the bailiff was acting for.

Any of these conditions must be met:

  • The warrant of control had the wrong address.
  • The bailiff clamped or removed your vehicle or took a money transfer.
  • The vehicle was not owned by the debtor named on the Warrant of Control.

If these conditions apply, the enforcement action, fees, and storage charges may be invalid, allowing you to claim damages.

For claims over £10,000, a solicitor could handle your case on a conditional fee agreement, with the other party covering most of your legal fees, and you may not need to attend court.

To begin, gather the PCN number (which starts with two letters followed by eight numbers). You can obtain this from the council or authority by quoting your car registration.

Next, call the Traffic Enforcement Centre (TEC) on 0300 123 1059 and give the PCN number. When the TEC agent asks for a security check by confirming your postcode, say your previous postcode. If this matches and you pass the security check, it proves the address on the warrant of control is wrong, rendering it "defective".

A defective Warrant of Control with an incorrect address shows the bailiff did not give you a Notice of Enforcement (NOE)( before taking control of your vehicle.

If the call handler confirms your current address, ask for the warrant's issue date. If it predates your move, it proves the address was incorrect during enforcement, indicating possible tampering by the bailiffs or enforcement agents.

Gather the following evidence:

  • Your address at the time your vehicle was clamped or removed.
  • The amount paid to recover your vehicle, including fees and storage charges (your bank will have records up to six years old).

You can claim damages supported by evidence such as:

  • Mileage or taxi costs for collecting your vehicle from the compound.
  • Loss of earnings or replacement transport costs if you use your vehicle for work or education.
  • The vehicle's annual road tax and insurance premiums (referred to as Wasted Insurance) for the days you were without your vehicle.
  • The cost of annual insurance on the vehicle
  • If you are a rental car business, the hire agreement and the lost daily rate for hire if the vehicle was part of your rental fleet.