Bailiffs and Car

[aliceh85]

Hello, I was just wondering, if my car is parked on my drive, can a bailiff take it if he has not been allowed entry into my home?Thanks

[CleverClogs]

Re: Bailiffs and Car

Yes.

[aliceh85]

Re: Bailiffs and Car

So they wouldn't require me to sign anything etc? Or give any pre warning to taking it?

[Celestine]

Re: Bailiffs and Car

Hi Alice

If your vehicle is parked on your drive/ outside your house they can and will levy on it. First thing you would know would be either a card through the door, a clamp on your vehicle or worst case vehicle towed away.

They like doing this early in the morning too.

Best to move your vehicle well away from your home (at least a street away) until you have sorted the issue with the bailiffs. Some bailiffs use ANPR (Auto Number Plate Recognition) so you're not necessarily safe parked in town, shopping etc.

Sorry for glum news, want to tell us more about the alleged debt so we can help you sort this out?

Best wishes, Cel x

[Amy]

Re: Bailiffs and Car

Hello, I was just wondering, if my car is parked on my drive, can a bailiff take it if he has not been allowed entry into my home?Thanks

It depends whether there is any outstanding finance on the car or whether it is a mobability vehicle.

If there is, the answer is no, but it doesn't mean he won't try.

[CleverClogs]

Re: Bailiffs and Car

Some bailiffs use ANPR (Auto Number Plate Recognition) so you're not necessarily safe parked in town, shopping etc.

Is there any guide as to which basta... bailiffs do that?

If they use such technology, do they really have any excuse for attempting to levy on a vehicle that is not owned by the alleged debtor?

[Celestine]

Re: Bailiffs and Car

Absolutely, if they are using ANPR, one would hope that they have gone to the trouble of checking with the DVLA that you actually own the vehicle.

Interesting FOI to Camden Council about ANPR:

Bailiff ANPR - a Freedom of Information request to Camden Borough Council - WhatDoTheyKnow

[dawney66]

Re: Bailiffs and Car

If its Camden council it will be Marstons Bailiffs as that is who they use

[Debtfix]

Re: Bailiffs and Car

No they cannot take the car. They can impound it by clamping it. They have to gain entry to the debtors premises in order to get a legal levy. The reference is case No 8CL51015 2008 District Judge Advent at the Central London County Court and was part of the early package that LB offered. The case mainly concerned the legality of bailiff charges but due to the diligence of the Judge in his researches there is some very valuable information concerning the bailiff levy. I have interpreted the decision to mean that because a levy had not been achieved the bailiff had no right to remove goods and that includes the car. Normally a county court judgement does not make a precedent as would a higher court BUT the case was very carefully considered by the judge who referred to the Law of England text books. I'll get that reference next but essentially the information provided in the case does cover all courts nationally because the Judge went back to basics, the basics that all courts would refer to and information that we can rely upon. No peaceable entry; no levy; no removal of Goods.