Bailiff towed your car away
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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:
(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:
(1) Where the enforcement agent removes controlled goods, other than securities, from premises or a highway where the enforcement agent has found them—
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:
66(1)This paragraph applies where an enforcement agent—
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—
See: Attending a bailiff's vehicle compound.