Dealing with Bailiffs

Unlawful Vehicle Clamping by Bailiffs on Private or Third-Party Land

Where a bailiff clamps or removes a motor vehicle from land not lawfully accessible to them for enforcement purposes, the act is presumptively unlawful and contrary to the established principles set out in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The powers of enforcement by taking control of goods, including vehicles, are not unfettered. They are confined by statutory provisions that seek to strike a balance between the legitimate interests of a creditor and the rights and protections afforded to the debtor.

Statutory limits on where bailiffs may take vehicles

Paragraph 10 of Schedule 12 provides that a bailiff may only take control of goods, including a vehicle, if they are located on premises where the debtor usually lives or carries on a trade or business, or on a highway. This is made explicit by paragraph 14(6)(a) and (b), which restricts the authority to enter and enforce without the need for further judicial permission. In the case of premises that do not fall within these categories, such as the driveway of a neighbour, a private car park allocated to someone else, or the premises of the debtor’s employer, the enforcement agent must obtain the court’s permission under paragraph 15 of Schedule 12 before taking control of goods located there.

Legal remedies for unlawful enforcement

Any enforcement action carried out without such authority is unlawful. Accordingly, if a bailiff clamps or removes your vehicle from another person’s driveway, private bay, or land not forming part of your home or business premises, this conduct is not protected by statute. Indeed, such an act may amount to a trespass to goods and/or to land. Where that occurs, the debtor is entitled to apply to the court for appropriate relief, including an injunction under paragraph 66(5)(a) of Schedule 12, or pursuant to section 4 of the Torts (Interference with Goods) Act 1977. An injunction may order the immediate return of control of the vehicle to the debtor, particularly where the continued detention is causing commercial hardship or personal prejudice.

Claims for damages and costs

In parallel, the debtor may seek damages under paragraph 66(5)(b) and rely on Civil Procedure Rule 84.13, which provides for remedies in the case of unlawful enforcement under Schedule 12. Claims for damages may be accompanied by an application for costs under CPR 44.2. Where a party is acting in person, the court may permit the recovery of reasonable costs under CPR 46.5 and Practice Direction 46.5 paragraph 3.1, including a litigant’s time valued at £19 per hour, provided the work undertaken was necessary and proportionate.

Pre-action requirements before applying to the court

Prior to issuing any claim or application, the debtor must give notice to the enforcement agent in accordance with Rule 6 of the Practice Direction on Pre-Action Conduct and Protocols. This requirement is both procedural and strategic. It allows the agent to reflect on the unlawful conduct and to mitigate further loss by voluntarily restoring possession of the car. Where this opportunity is ignored, the court is more likely to take a favourable view of the debtor’s application and award costs.

Evidence to support your claim

The debtor should take steps to document the facts fully. Photographic evidence should be taken of the vehicle where clamped, clearly showing the clamp and the vehicle’s registration number within the same frame. If the vehicle has been removed, a photograph of the vacant space should be retained. Enforcement agents are now required to wear body-worn video cameras which may capture the precise location and conduct of the clamping or removal. This footage may later be disclosable on request and could form compelling evidence in proceedings.

Land ownership and title plan evidence

Further, it is prudent to establish and prove ownership or control of the land. This may be achieved by providing the deeds or tenancy agreement showing the curtilage of the property, or by obtaining the title plan from HM Land Registry for a modest fee. If the land on which the car was clamped is demonstrably not yours and not within the category of premises authorised by Schedule 12, the bailiff has acted outside their statutory powers.

Conclusion and final remedies

In conclusion, enforcement action of this nature must always be proportionate and lawful. Where bailiffs exceed their powers by clamping or removing a debtor’s vehicle from premises not lawfully authorised, the debtor is entitled to seek relief, including immediate injunctive relief, damages, and costs. The court will not hesitate to grant appropriate remedies where the bailiff has acted in disregard of the statutory framework, and particularly so where the debtor has suffered identifiable loss or hardship as a result.