Your vehicle has been taken by
bailiffs without warning
When you called police to report your vehicle
stolen, they should have told you the name of the
bailiff company that has taken it.
You could well be a victim of an
If you are the new owner of the vehicle and the
PCN was incurred before you bought it, then you make, what is called, an Interpleader Claim
It is the practice of many London councils to
clamp or confiscate vehicles on the street using ANPR van. Under the
Torts (Interference with Goods) Act 1977 you can claim redress (Section 5) and Interim damages (Section 4) from the authority who gave permission to a bailiff company to take your vehicle in respect of an unpaid debt without complying with enforcement regulations.
In any event, a levy cannot be placed over a
vehicle retrospectively after clamping or removal. This practice is illegal.
You may a victim of
bailiff vigilantism where bailiff companies go
round in ANPR vans crawling neighbourhoods looking
for vehicles with unpaid PCNs and yours received a
'hit' so they took it using a street lifter.
This is regardless of the vehicle having had a
change of keeper or address after the date the PCN
was issued. This proves the bailiff is taking control of the vehicle instead of looking for the debtor in order to make a profit for the company.
Find out from the bailiff company what the PCN
number is, and the name of the council that issued
it and ask the DATE the PCN was issued. This is in
case the penalty was incurred by a previous owner,
and if so you are not liable for the penalty and
you can have your vehicle back on production of the
V5C document or a
sworn statement of truth proving what date you acquired
If you have recently moved or bought a car
recently and the disappearance of your car is over
an unpaid PCN then the council may be in breach of
Part 75.7(7) of the Civil Procedure Rules which
requires the authority to reissue the warrant by
filing a request with the Traffic Enforcement
Centre if the address of the debtor has changed
since the issue of the original warrant. Bailiff
companies often take it upon themselves to "trace"
debtors and use ANPR without telling the authority
to re-issue the warrant under Part 75.7(7) if it
wants to continue enforcement. Also affirmed in
paragraph 28 of
complaint number 12 005 084 by the Local
Government Ombudsman against London Borough of
Redbridge and you can make a formal complaint and
claim damages and compensation, see paragraph
Telephone the Traffic Enforcement Centre (the
TEC) on 01604 619450 and say you want to appeal
against the PCN. This is called an "out of time
Statutory Declaration", or a "late appeal" or
You must report your car having been taken to the DVLA, otherwise you may get an automated fine for failure to notify a change of keeper. If you have court proceedings in connection with unlawful interfernece with your vehicle, you must mention about these as well. If the car is sold by the bailiff company, then the DLVA will refuse them a new V5. The buyer will not be able to drive it on public roads or export it through a UK port. Itr will become a "SORN" vehicle until you tell the DVLA the proceedings have been concluded.
If you were unaware a PCN had been issued then
you make a Statutory Declaration and telephone the
council saying you are appealing the PCN because
you were unaware it had been issued and you ask for
the vehicle to be returned from where it was
Here his how to get your vehicle recovered.