Dealing with Bailiffs

Why Bailiffs Cannot Legally Clamp or Remove Hire Purchase Vehicles – And What You Can Do

Under English law, bailiffs must not clamp, remove, or take control of any vehicle subject to a hire purchase or lease agreement. The reason is simple: the debtor does not own the vehicle. Legal ownership remains with the finance company until the final payment has been made and the purchase option exercised. Enforcement against such goods breaches Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

Despite this, many enforcement agents continue to clamp or threaten removal of financed vehicles. This is unlawful. If this happens to you, you have the right to recover your vehicle and claim damages, including loss of income and legal costs.

The "Beneficial Interest" Myth – And Why It Fails

A flawed legal theory frequently pushed by enforcement solicitors—most notably Mr Peter Felton Gerber—suggests that hire purchase vehicles are subject to enforcement because the hirer holds a "beneficial interest." This argument, widely discredited and consistently defeated in court since 2017, has no legal merit.

Misleading Guidance from CIVEA – Know the Facts

The Civil Enforcement Association (CIVEA) has circulated guidance claiming that enforcement against hire purchase vehicles is lawful. This is incorrect. CIVEA has no legal authority, does not speak for the courts, and exists solely to promote the commercial interests of bailiff companies.

The courts have repeatedly rejected CIVEA’s position. Learn more in our article on council liability for unlawful enforcement.

Warrants of Control Are Against People, Not Property

Another common misconception is that Warrants of Control are issued "against the vehicle." This is false. Warrants are issued against the named person or company—not any specific goods. Bailiffs know this. When they take control of hire purchase vehicles, they do so in breach of their legal duties, exposing their instructing council to legal action.

If your vehicle is used for work, visit our page on claiming loss of income from bailiff action.

How to Take Action – Step-by-Step Legal Response

Step 1: Notify the Bailiff and Council Immediately

Before applying for an injunction, you must first give written notice to the enforcement company and send a copy to the council. This demonstrates you attempted to resolve the matter without litigation.

Step 2: Apply for a Court Injunction (If Necessary)

If the clamp is not removed, you may apply for an interim injunction to compel the vehicle’s release. You may also issue a claim for damages, costs, and injunctive relief.

What Evidence Will Strengthen Your Claim?

If you were unable to send notice in time, collect the following:

• Photo of the clamped vehicle showing number plate and clamp
• Photo of the Warning of Immobilisation notice
• Full hire purchase or lease agreement
• Settlement quote dated after the clamping
• Recent HPI check
• V5 logbook (note: this shows keeper, not ownership)

Need help preparing your evidence? Visit our evidence checklist tool.

Take Control – Don’t Let Bailiffs Mislead You

The law is clear. Bailiffs cannot enforce against hire purchase vehicles. If you’ve been misled or pressured into payment, you may be entitled to compensation. Act quickly and start your claim. In many cases, a legal notice is enough to secure release.

Every hour your vehicle is immobilised could cost you money. Don’t delay—get in touch today.

Justice Served... With a Side of Irony

Clamp a hire purchase vehicle to recover a traffic ticket—and suddenly the council isn’t collecting revenue, it’s collecting court directions and a claim for thousands in damages.