When can a bailiff clamp your car?

[Starbug]

Ok, some more questions for clarification on this.

 

From what I understand, a bailiff cannot clamp your car on private land. Would this include a bed & breakfast car park that you were staying at? Because sometimes I have to work away and just wondered the legality of the situation. The only reason I ask is because I know they use ANPR, so theoretically if they're looking for my car they could get lucky, although this is unlikely I just want to be sure.

 

Secondly, they can't take your car if it's worth under £1350 and is used for work? So, how do they value the car? And how do you prove that it's essential for work? What happens if they clamp it anyway?

 

The car I use is a cat d write off. I was paid out £3250 a few years back, and bought the car back off the insurance for £325. So does that mean it's worth £325? Or will it be the book price for a cat d, or just any price they decided?

[dx100uk]

Why do you think your car is going to be clamped is p'haps more the issue?

[Peterbard]

A bailiff cannot clamp on private land, so the off road parking on a B and B should be fine.

 

There is an issue regarding the definition of the vehicle as exempt. The tools of the trade exemption relates to goods that if the debtor was deprived of would stop the debtor from being able to carry out his trade or profession.

 

Usually vehicles which transport the debtor to the place of his profession are not exempt, if there are other means of providing them.

[Bailiff Advice]

Ok, some more questions for clarification on this.

 

From what I understand, a bailiff cannot clamp your car on private land. Would this include a bed & breakfast car park that you were staying at? Because sometimes I have to work away and just wondered the legality of the situation. The only reason I ask is because I know they use ANPR, so theoretically if they're looking for my car they could get lucky, although this is unlikely I just want to be sure.

 

 

The car I use is a cat d write off. I was paid out £3250 a few years back, and bought the car back off the insurance for £325. So does that mean it's worth £325? Or will it be the book price for a cat d, or just any price they decided?

 

The 'private land' exemption can prove difficult to define. However, you should not worry yourself too much about this. Bailiffs do indeed use ANPR and presently there are some very worrying new 'models' that are in use. The main point to consider though is that ANPR is really only of use to enforcement agents enforcing road traffic debts. If you have another type of debt, ANPR will not be of assistance to the EA.

 

With regards to your second question, it is difficult for me to answer. It is possible that you have repaired the car and accordingly, it may have a much higher value.

[Starbug]

The 'private land' exemption can prove difficult to define. However, you should not worry yourself too much about this. Bailiffs do indeed use ANPR and presently there are some very worrying new 'models' that are in use. The main point to consider though is that ANPR is really only of use to enforcement agents enforcing road traffic debts. If you have another type of debt, ANPR will not be of assistance to the EA.

 

With regards to your second question, it is difficult for me to answer. It is possible that you have repaired the car and accordingly, it may have a much higher value.

How is private land difficult to define? Surely if it's parked on private property such as a friend's driveway, it should be ok? But as for a B&B, I wondered about the legality as it could be deemed a place of residence?

 

With regard to the car, the value on Parkers.co.uk was £1040 in poor condition - which it is. So I'd hope they'd go by that value, but have no way to tell what criteria it'd need to meet. And there doesn't seem to be any information on the subject anywhere. Would it be the auction value of the car? If so, I can't see it fetching much.

[Peterbard]

The car would have to be on a public highway to be clamped, or at a place where the debtor usually resides or hie place of work to be taken under control.

[Coughdrop]

The exception to this is where the bailiff has got a court warrant allowing them to take your belongings in a specific location, which can include private land. However, an EA is only likely to be able to get a court warrant if they've watched the premises and discovered you're parking your car there regularly.

 

I suspect this exception explains why it is not straightforward, as BA stated.

[GrumpyToSayTheLeast]

If you are residing at the b and b, then yes, it can be clamped.

 

If its used for work purposes, then you would need to prove it.

If its just for travel, then no, you cant claim tool of the trade.

If you are not the SOLE user, then tott can't be claimed.

If its worth over 1350, then it can't be claimed tott.

The bailiff will call an auction to get the value. Hpi now have access to mot/mileage so an accurate value can be given.

 

As others have asked, do you want to give some info about what this is about as often, there are other easier ways to settle these matters.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?466683-Bailiffs-to-call-at-my-parents-quot-care-of-quot-address

[Starbug]

If you are residing at the b and b, then yes, it can be clamped.

 

If its used for work purposes, then you would need to prove it.

If its just for travel, then no, you cant claim tool of the trade.

If you are not the SOLE user, then tott can't be claimed.

If its worth over 1350, then it can't be claimed tott.

The bailiff will call an auction to get the value. Hpi now have access to mot/mileage so an accurate value can be given.

 

As others have asked, do you want to give some info about what this is about as often, there are other easier ways to settle these matters.

Hey, thanks for the reply. No I don't reside at a b&b, but do stay at some for a few nights when working away. Just wanted to know if they could take it, although it's very unlikely they'd ever find me when I'm in another county.

 

I use the car for work, but how would I go about proving it? I'm a salesman and drive all over the place, the car is essential. There's absolutely no way I could do my job without it. But how would I be able to prove this? Trying to explain this to a bailiff would probably be met with a brick wall response - "pay us".

I am the sole user.

I don't know if it's worth over £1350, it's a grey area. Some of this type go for way more, but mine is a cat d write off and is tatty now.

 

There's no need for any further details, I'm just looking for advice on whether they can take the car or not. As soon as I receive an enforcement notice at this address I'm going to park my car on a friend's driveway anyhow, but I'm hoping that it won't come to that.

[GrumpyToSayTheLeast]

An order allowing entry to the friends drive to remove the car can be granted very quickly. Dont believe the codswallop that the car is safe there.

[Peterbard]

An order allowing entry to the friends drive to remove the car can be granted very quickly. Dont believe the codswallop that the car is safe there.

 

Hi Grumpy.

I agree with th rest of your points, but I am given to understand that for a court to grant a section 15 warrant the EA would have to show that goods were being stored on third party premises, not just parked for a few hours.

[mikeymack2002]

A similar incident was shown on can't pay, They located the car at a pub they didn't clamp it there. They in this case an HCEO waited for the debtor to return to their home with it before going for it...

[Bailiff Advice]

An order allowing entry to the friends drive to remove the car can be granted very quickly. Dont believe the codswallop that the car is safe there.

 

Grumps.....you can be really horrible some times !!!

 

Starbugs.....Grumps works in the enforcement industry and we very much welcome contributions from him on the forum. We may not like them....but at least he does provide us with the enforcement industries views and that it very important.

[Starbug]

Grumps.....you can be really horrible some times !!!

 

Starbugs.....Grumps works in the enforcement industry and we very much welcome contributions from him on the forum. We may not like them....but at least he does provide us with the enforcement industries views and that it very important.

Yeah I can see how it's useful to hear it from an industry professional. It's good to hear both sides.

 

I have a couple more questions - firstly, am I right in thinking that they cannot clamp your car after 9pm and before 6am?

 

Also, given my situation in that they don't have my current address - if they find it out, can they clamp my car or do they need to issue a "notice of enforcement" first? Giving me a few days notice. Or can they just clamp it based on the notice from the previous address?

[Bailiff Advice]

Yeah I can see how it's useful to hear it from an industry professional. It's good to hear both sides.

 

I have a couple more questions - firstly, am I right in thinking that they cannot clamp your car after 9pm and before 6am?

 

Also, given my situation in that they don't have my current address - if they find it out, can they clamp my car or do they need to issue a "notice of enforcement" first? Giving me a few days notice. Or can they just clamp it based on the notice from the previous address?

 

An enforcement agent cannot visit between 9pm and 6am.

 

As I said on another thread, you really are worrying far too much about the vehicle. Unless the debt is one for a road traffic debt, then the enforcement company cannot record the number plate on the ANPR equipment.

[Coughdrop]

As always, I'm happy to be proved wrong, but this was my understanding.

 

Vehicles can be clamped though, and are often a prime target. They can usually only take control of a vehicle at your home, your place of trade or business, or on the highway.

 

There are some exceptions to vehicles which may or may not be clamped, but I would not rely on a bailiff adhering to any regualtions. They tend to clamp in order to 'coerce' payment from debtors.

 

Have a read here:

 

http://www.legislation.gov.uk/uksi/2013/1894/part/2/crossheading/ways-of-securing-goods/made

[Starbug]

but I would not rely on a bailiff adhering to any regualtions. They tend to clamp in order to 'coerce' payment from debtors.

Yeah, that's exactly why I'm trying to find out where I stand and what can be done if they go rogue. Supposing the worst came to the worst and they clamped a car unlawfully, how would I go about getting the vehicle back? Am I allowed to saw the clamp off if they clamped it on a private driveway? Or if they clamped a family member's car? Surely if they broke the rules and clamped illegally, then I should be able to do what's necessary to get the vehicle back?

 

And seeing as how the value is a grey area, and I use the vehicle for work, if they clamped it they would be depriving me of a vital tool, and costing me my job. What could I do if this were to happen?

 

I don't think it will tbh, but I do like to be prepared.

[Starbug]

An enforcement agent cannot visit between 9pm and 6am.

 

As I said on another thread, you really are worrying far too much about the vehicle. Unless the debt is one for a road traffic debt, then the enforcement company cannot record the number plate on the ANPR equipment.

 

Yeah I probably am worrying a bit too much. They don't even have my current address yet, and would still need to send a notice of enforcement here if they wanted to take a vehicle?

[Coughdrop]

The first step would be to tell the EA and be prepared to prove what you are saying. For goods belong to a third party, there's a good, simple explanation here:

 

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/your-belongings-and-bailiffs/what-goods-can-a-bailiff-take/belongings-owned-by-other-people-bailiffs/

[GrumpyToSayTheLeast]

Yeah I probably am worrying a bit too much. They don't even have my current address yet, and would still need to send a notice of enforcement here if they wanted to take a vehicle?

 

The chances are, you are worrying too much. Apologies if my comments come across as harsh, I'm just giving the advice based on what WE do.

 

At a B&B, I wouldn't worry unless they use anpr vans which is unlikely.

At home, yes a new NOE would be needed UNLESS you have made contact on the back of a previous NOE to a different address.

You assume they don't have a current address. If you have lived somewhere for more than 4 weeks, there is a good chance you will show up during a trace.

[Starbug]

The chances are, you are worrying too much. Apologies if my comments come across as harsh, I'm just giving the advice based on what WE do.

 

At a B&B, I wouldn't worry unless they use anpr vans which is unlikely.

At home, yes a new NOE would be needed UNLESS you have made contact on the back of a previous NOE to a different address.

You assume they don't have a current address. If you have lived somewhere for more than 4 weeks, there is a good chance you will show up during a trace.

Hey, thanks for the reply. No you don't come across as harsh at all, I appreciate the help.

 

How could I show up on a trace? I'm not on the electoral roll, don't have any credit accounts here, bank and phone is still at previous address as I haven't updated it yet. I've checked my credit file and this address isn't listed, and there's nothing about me on social media.

 

How could I be traced here?

 

Also you mentioned making contact on the back of a previous NOE... so is it best to avoid contact? I'm awaiting a debt relief order and wondered if it's wise to call the HCEOs and let them know. But if it gives them more power then I might just wait it out. I've moved the car to a private driveway anyhow, but that's a pain in the ass.

[Bailiff Advice]

Starbug,

 

You are worrying FAR TOO MUCH....

[Starbug]

Starbug,

 

You are worrying FAR TOO MUCH....

I'm just trying to find out exactly where I stand. I won't stop worrying until I have the DRO in my hand. Then I can put all this behind me.

 

Oh and the guy above(Grumpy) said that I can be traced here. So surely it's better to be prepared?

[unclebulgaria67]

You can't be traced, if there is nothing on any database. It would have to be a mobile anpr trace which would be very lucky of them. They might not even know about the car, as the debt is not for anything related to a car and DVLA records might not have been checked.

 

As said on the other thread, you should speak to the DRO company about this. You might be responsible for some of the HCEO fees and can include them in DRO. I am not sure all of the HCEO fees would be automatically cancelled, if they stopped enforcement, because they could not get you to pay. Hence why DRO company should be aware of situation.