Take this template with you: complete it and email it to the council and the bailiff company while you are at the compound.
Run this checklist to see if the taking of the vehicle is compliant with the law.
Take a printed copy of this checklist with you when you go to collect your vehicle:
If you are reclaiming the vehicle from where it is being held, then you will need to pay the debt and all fees the bailiff asks for when reclaiming your vehicle.
ALWAYS use a credit card. A debit card is acceptable, but it is much harder getting your money back later.
Take someone with you to collect your vehicle. They will not be allowed inside the secure area of the compound.
Take a pen and paper, your mobile phone, and a selfie stick.
When you arrive at the compound, ask your witness to write down anything the compound staff says.
Pay with a credit card. NEVER question the fees but you MUST ask for an explanation of the bailiff's fees and costs. If he refuses to explain them, write it down and say nothing. Even if you know you have been overcharged, you reclaim this later.
Do not SIGN anything. If compelled to, then "sign" using the word "declined" or "refused" instead of your usual signature. Say nothing when you hand the document back. That prevents them from using it to defend against your claim.
When you reach your vehicle, and before you get in:
Take comprehensive video of the vehicle. Compare this with the video you made before it was taken.
Make a continuous time-stamped video using your mobile and a selfie stick with fill-flash set to ON. Record the video slowly in this order starting from the front number plate:
The whole front of the car
Move around to show the bodywork both sides
The paintwork, roof, wheels, bumpers, bonnet, all doors, and tailgate including any damage to the locks. Sweep the camera slowly over the roof
Open the boot and record the spare wheel condition and its contents
Record the engine bay, the battery, fluid levels especially brake and steering fluid reservoirs. The engine number and any unique markings. Ensure it is the original engine
Record the contents of the glovebox and any damage to the lock
Record any steering fluid under the vehicle. Using street lifter wheel brackets often causes steering hydraulic failure
Record all road wheels for damage to hubs and tyre walls. Street lifter brackets can press against them causing tyres to deflate or hubs to be damaged
Record the mileage and fuel
Record the whole of the underbody of the car. Bailiffs move vehicles around a compound using forklifts causing damage to engine pan, fuel lines and exhaust system. This can cause the car to be written off. With video evidence, you recover the replacement cost
If you cannot timestamp your video then make a sworn affidavit proving the date, time, and location the video was made
When driving the vehicle away:
Check the brakes are good. Use of wheel clamps often damages brake ferrules and causes loss of brake fluid when the wheel clamp chains become snagged on them
Ensure the steering is straight and has no vibration. If the steering is stiff, the steering hydraulic line may have ruptured due to street lifter wheel brackets
Check normal operation of all gears of the gearbox
When bringing a claim under paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, you must show evidence the vehicle was undamaged immediately before it was taken. Liability then resides jointly with the creditor and the bailiff company under paragraph 66 of Schedule 12. Here is how to bring court action.
Once you have collated a list of damage, you must notify the council or creditor and the bailiff immediately before you drive your vehicle away from the compound. This is very time critical. Otherwise, damage can be attributed to you if you delay notifying the creditor and bailiff company.
Take this template with you: complete it and email it to the council and the bailiff company while you are at the compound.
NEVER sign any document given to you at the vehicle compound. It will be a disclaimer preventing you from taking legal action. If you sign it, you may not be able to make a claim for damages.
If a bailiff asks you to delete photos from your camera, say you will make a note of his request. You need photos of damage to claim repairs from the authority that instructed the bailiff.
Once you have your vehicle, execute chargeback with your credit card.
No Money?
If you do not have the money or access to a credit card and you are 100 percent certain you will be successful in revoking the original debt:
You can take out a rental vehicle to cover your immediate motoring needs. Keep all receipts. You reclaim this later from the authority that instructed the bailiff. This is recovered under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 using the Small Claims Track along with the damage to your own vehicle.