If the clamped car is on hire purchase or leased, apply for an emergency injunction and you can claim damages.
If you moved recently, or your address on the warrant is not your current address, then that is evidence you were not given a statutory Notice of Enforcement (usually an ANPR drive-by event), apply for a detailed assessment hearing which suspends enforcement and the bailiff company pays your legal costs.
Bailiffs and police say cutting a clamp is an offence under Section 1 of the Criminal Damage Act 1971.
That is NOT true.
The law says: "A person who without LAWFUL EXCUSE destroys or damages any property belonging to another".
That means, if the clamping of your vehicle is UNLAWFUL, you have lawful excuse to cut off the wheel-clamp.
There is one catch: you MUST give the clamper a one hour deadline opportunity to remove the clamp.
If a constable continues the arrest while aware of the above, he commits an offence under section 26(5) of the Criminal Justice and Courts Act 2015.
You lay the information before a Justice of the Peace under section 1 of the Magistrates' Courts Act 1980 for the question of reporting the constable for the offence. The arrest is toxic for the arresting officer.
It is not yours, leased, or financed without the final payment made. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says "an enforcement agent may take control of goods only if they are goods of the debtor."
It is used in your employment, work or education, or is otherwise exempt and its auction value is under £1350. Regulation 4 of the Taking Control of Goods Regulations 2013.
A disabled badge is displayed inside. Regulation 4(1)(d).
It is being driven by someone. Regulation 10(2).
It is clamped before 6am or after 9pm. Regulation 13.
You were not given the Notice of Enforcement. Paragraph 7(1) of Schedule 12.
The "amount outstanding" has been paid. Paragraph 6(3). See also Guideline 31 of the Taking Control of Goods: National Standards 2014.
You did not know about the original debt until you received a bailiff. The law depends on the type of debt:
Magistrates' court fine: Section 14
Council tax: Regulation 23 or Regulation 33
Civil Traffic debt: Part 75.7
High Court Enforcement Debts: Run this checklist and apply to stay the writ and set aside the judgment.
The bailiff has no certificate. This is an offence under Section 63(6). Check here.
The debt is over 12 months old. Enforcement expires after 12 months from the date of the Notice of Enforcement. Regulation 9(1). More.
The vehicle is on land where the debtor neither lives nor carries on a trade. Clamping in this case is a criminal offence under Section 54 of the Protection of Freedoms Act 2012.
If the bailiff breached any of the above, he cannot recover fees. Regulation 3. You can recover them under Paragraph 66.
Make a video of the car's bodywork and interior. Use a selfie stick to film the underside. Check the contents. Bailiffs are liable for damage to the car while it is under their control. Paragraph 35.
Record your call. Ask the bailiff to remove the clamp. Give reasons. Allow one hour. Report it to police on 101 and have the rebuttal to "it's a civil matter" stored on your phone.
If still clamped after one hour, you may remove the clamp using reasonable force. You are not criminally liable under Section 5(2)(b)(i). Here is how to safely remove a wheel-clamp.
Never inject the padlock with superglue.
Make a claim for damages against the creditor or council the bailiff acts for.
If charged, contact me. We can assist.
If a police officer arrests for "Interfering with controlled goods without lawful excuse" under Paragraph 68, you do not need to admit removing the clamp. The prosecution bears the burden of proof.
If you admit to removing the clamp, your defence is that you had lawful excuse because the goods did not belong to the debtor or no notice had been given.
Consider this method of wheel clamp removal.
This article applies only to bailiffs clamping for unpaid debts. It does not apply to DVLA clamping for unpaid car tax or council-owned car parks regulated under Section 79 of the Traffic Management Act 2004.