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Bailiffs CANNOT Charge a Fee to Clamp Your Vehicle

The law does not provide for bailiffs to charge a fee for using a wheel clamp.

Case No 8CL51015 – Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marston Group (Defendants). Before District Judge Avent on 9th & 24th September 2008.

Judge Avent said:

"That because the bailiff produces no evidence as to how the charge had been arrived [at], then he is unable to show that it is reasonable."

This means if the bailiffs fail to explain the actual cost of fixing a wheel clamp, then the fee is £0.00. Anything higher could amount to unjust enrichment.

This is one of many case law examples governing bailiffs' fees which can be used to reclaim unlawful fees in court.

From 1 May 2012, clamping of motor vehicles on private land that is not the debtor's is a criminal offence under Section 54 of Chapter 2 of the Protection of Freedoms Act 2012.

From 6 April 2014, clamping vehicles on public roads is illegal under Regulation 17(3) of the Taking Control of Goods Regulations 2013 where the driver (not necessarily the owner) has not received a statutory Notice of Enforcement, or where the vehicle does not belong to the liable person.

It is also illegal for bailiffs to clamp or seize goods not wholly belonging to the debtor. See Paragraph 10 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.