Bailiff towed your car away

Do first

Call police on 999 and report it stolen. If a bailiff has taken it, the police will tell you which bailiff company and the name of the council or creditor they act for.

If you are in Greater London, call TRACE on 0845 206 8602 (24 hours).

Notify DVLA your car has been "taken without permission". That protects you from liability from traffic penalties and re-newing tax or insurance.

If the car has a loan secured on it, inform the lender, they can go round and take the vehicle if anyone applies for a new keeper V5 from the DVLA.

Run the enforcement compliance checklist.

Your options

If the debt is owed by a previous keeper, make an third party claim.

If the car is on hire purchase, apply for an emergency injunction.

If you did not get a Notice of Enforcement, deploy a Pay & Reclaim or do a chargeback

The vehicle is exempt goods, make a claim to controlled goods

If you recently moved and the address on the warrant is not current, then appeal the PCN and give the bailiff an opportunity to return the car

If the demand exceeds the vehicle's worth, leave it with the bailiff and return the V5 to DVLA as scrapped.

If the debt is genuine, then you have to pay it to get your vehicle back.

If the bailiff is charging daily storage fees for your car (e.g. Newlyn Plc £48 a day) then apply for a detailed assessment hearing.

When you have your vehicle back and it is damaged, you can recover the cost of the repairs and your expenses in returning it back to service.

If you are the debtor named on the warrant, you can bring an action for damages under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA 2007), otherwise, under section 3 of the Torts (Interference with Goods) Act 1977.

Liability for the care of your vehicle after towing it away falls under paragraph 35 of Schedule 12 of the TCEA 2007. The action is brought against the council as the first defendant, the bailiff company as the 2nd defendant and the bailiff as the 3rd 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.


The law also requires the bailiff to give the debtor a notice saying what he is doing when he removes or clamps your car.


If the bailiff breached either of these regulations while taking your vehicle, you can bring an action:


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.