Your car was towed by ANPR van

If your car was clamped or towed unexpectedly, then you may be a victim of illegal drive-by enforcement.

The practice is illegal because bailiffs must give the debtor a notice of enforcement,^[1] at least seven days before taking control of vehicles.^[2] The bailiff must also give a statutory notice when they take control of a vehicle,^[3][4][5] and give the debtor an inventory.^[6][7]

If the bailiff does not comply with any of the above, the debtor may apply to the court to order the bailiff to return the car,^[8][9] and pay damages,^[10][11] together with costs on the indemnity basis.^[12]

The bailiff may have taken your car without telling you because:

You bought a car and the previous keeper had a traffic debt

The registered address for your car is incorrect

You moved after the traffic debt was incurred

If the debt is owed by someone else or the warrant of control names someone else as the debtor, then make a third-party claim.^[13][14]

If the address on the warrant is not your current address, make an out of time witness statement or statutory declaration,^[15] attaching evidence the address on the warrant is not current.^[16]

To apply to the court to suspend a warrant of control for a non-moving traffic offence, Dart Charge or Merseyflow, make a witness statement by completing forms TE7,^[18] and TE9.^[17]

To apply to the court to suspend a warrant of control for a moving traffic offence, make a statutory declaration by completing forms PE2,^[19] and PE3.^[20]

If you moved after the traffic debt was incurred, apply to suspend the warrant of control and attach evidence of your and change of address.

The completed forms must be emailed to tec@justice.gov.uk with the attached evidence supporting your grounds.

If the bailiff releases your car after making a successful application but charges a fee or storage charge, reclaim it by applying for a detailed assessment,^[21] or by making a small claim.^[22]

If the car is damaged, the bailiff is liable for the care of goods in their possession,^[23][24] the debtor can claim the damages,^[25] and non-debtors can also claim,^[26] but the court expects claimants to give the bailiff the opportunity to make good the damages before filing the claim.^[27]

^{[1] Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007}

^{[2] Regulation 6 of the Taking Control of Goods Regulations 2013}

^{[3] Paragraph 33 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007}

^{[4] Regulation 31(1) of the Taking Control of Goods Regulations 2013}

^{[5] Regulation 18(4) of the Taking Control of Goods Regulations 2013}

^{[6] Regulation 34 of the Taking Control of Goods Regulations 2013}

^{[7] Regulation 33 of the Taking Control of Goods Regulations 2013}

^{[8] Paragraph 66(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007}

^{[9] Section 4 of the Torts (Interference with Goods) Act 1977}

^{[11] Section 3 of the Torts (Interference with Goods) Act 1977}

^{[12] Civil Procedure Rule 44.2}

^{[13] Civil Procedure Rule 85.5}

^{[14] See: Making a third party claim}

^{[15] Civil Procedure 75.3(4)(a)(ii)}

^{[16] Section 7 of the Interpretation Act 1978}

^{[17] Form TE7 Download}

^{[18] Form TE9 Download}

^{[19] Form PE2 Download}

^{[20] Form PE3 Download}

^{[21] Civil Procedure Rule 84.16}

^{[22] Part 27, Civil, Procedure Rules}

^{[23] Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007}

^{[24] Regulation 34 of the Taking Control of Goods Regulations 2013}

^{[25] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007}

^{[26] Section 3 of the Torts (Interference with Goods) Act 1977}

^{[27] Part 3 of the Practice Directions - Pre-action Conduct and Protocols}

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