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What kind of proceedings do I need to issue to get a court order against a bailiff ordering him to remove an unlawfully applied car clamp? Please be specific , i.e. what is the exact wording of the order am I seeking, what kind of court do I apply to, what forms to I use to apply for the order, what do I put on the forms. Do I issue the proceedings against the individual bailiff or the firm he works for? I want to issue proceedings against the bailiff or his company NOT the local authority
Background is the car is owed by a limited company (and this can be proved). The car has been clamped under a council tax liability order against an individual. Bailiff has been made aware that car is owned by third party but has refused to remove clamp.
Only documentation left through letter box when car was clamped was “Removal Notice (car details) clamped to be removed. Magistrates Liability order dated xxx arrears of council tax due to xxx total outstanding xxx, I have today attended your premises with the intention of levying and removing your goods and chattels to the auction value of xxx. I will be re-attending and goods may be removed even in your absence. If you wish to avoid this distressing course of action Telephone Immediately”
Options I’ve already considered but can’t see that they would work are
Note that the advice sought for now is just to get a court to order the clamp removed. The financial lost incurred, hire of other cars, time, and trouble, is a question for another day once the clamp has been removed
Any advice gratefully received and will post success/non-success story
Background is the car is owed by a limited company (and this can be proved). The car has been clamped under a council tax liability order against an individual. Bailiff has been made aware that car is owned by third party but has refused to remove clamp.
Only documentation left through letter box when car was clamped was “Removal Notice (car details) clamped to be removed. Magistrates Liability order dated xxx arrears of council tax due to xxx total outstanding xxx, I have today attended your premises with the intention of levying and removing your goods and chattels to the auction value of xxx. I will be re-attending and goods may be removed even in your absence. If you wish to avoid this distressing course of action Telephone Immediately”
Options I’ve already considered but can’t see that they would work are
- Issuing an interpleader summons. Can’t do that as car has not been actually seized, only clamped. No valid levy has been made (or if it had it has been abandoned) so can’t use interpleader route
- Issuing proceedings under Torts (Interference with Goods) Act 1977. S3 looks the most promising. However the relief available is only for delivery of the goods and/or damages. The goods haven’t been removed, just clamped
- Issuing form 4 complaint against bailiff, Not a good idea as potential to be very expensive if costs are awarded. Also only deals with Bailiff fitness to hold certificate, does nothing on getting clamp removed
- Issuing proceedings under Protection from Harassment Act 1997 S3. Difficult as owner of vehicle is a company, not a person, and act appears to be very much aimed at protecting real persons from harassment
- Issuing proceedings under The Council Tax (Administration and Enforcement) Regulations 1992, Section 46. Looks promising but is only available against levy or attempt to levy. No valid levy appears to have been made, merely the car has been clamped. Also this route only appears available to the person that the levy was aimed against, not a third party company
Note that the advice sought for now is just to get a court to order the clamp removed. The financial lost incurred, hire of other cars, time, and trouble, is a question for another day once the clamp has been removed
Any advice gratefully received and will post success/non-success story
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