You Have Been Forced to Pay Somebody Else's PCN or Traffic Debt

Enforcement fails and everything may be recovered.

You may be a victim of an ANPR drive-by clamping event.

If your car has been taken, make an third party claim under CPR 85.4.

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

An enforcement agent may take control of goods only if they are goods of the debtor.

Even if the debtor named on the writ is a company, a director is not personally liable for it.

You can bring an action under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, which states:

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 a county court, in relation to an enforcement power under a warrant issued by a county court;

(c) in any other case, in the High Court or a 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) that the instrument was not defective.

If you just want money back, then a chargeback might be a quicker route.

Or, here is how to bring the proceedings.

Ask the creditor to pay back your money