Bailiff clamped your car on private land? Know your rights

Bailiff Clamping on Private Land

Limits on Bailiff Clamping Powers

The statutory framework governing bailiff enforcement is both detailed and restrictive. An enforcement agent’s power to clamp or remove a vehicle is confined by Paragraphs 10 and 14(6) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and by Sections 16 to 18 of the Taking Control of Goods Regulations 2013. Bailiffs may only take control of vehicles that belong to the debtor and are located on a public highway or at premises where the debtor resides or trades. Any attempt to clamp or remove a vehicle from land outside those limits, such as a neighbour's driveway, a private parking bay, an employer’s premises, or a private car park, exceeds their lawful authority.

Regulatory Conditions and Statutory Restrictions

Regulation 18 of the 2013 Regulations permits clamping only when the vehicle is found on a highway and only after the statutory conditions are met, including a minimum immobilisation period of two hours. Regulation 10 provides that clamping must not occur if the vehicle is in use, or if it contains a child or a vulnerable person. Regulation 16 restricts clamping on private land to circumstances where the vehicle is not obstructing access to a building and where a compliant notice has been affixed. Regulation 17(3) further limits the bailiff’s powers by prohibiting clamping if a valid Notice of Enforcement has not been issued or where the vehicle does not belong to the debtor.

Criminal Offence Under the Protection of Freedoms Act 2012

Crucially, Section 54 of the Protection of Freedoms Act 2012 makes it a criminal offence to clamp or restrict the movement of a vehicle on private land without lawful authority. An attempt was made in 2011 by a bailiff trade association, CIVEA as its former self, to persuade Parliament to exempt enforcement agents from this prohibition by amending the legislation to include warrants and court orders within the meaning of 'lawful authority'. Parliament decisively rejected that proposal. The result is that bailiffs continue to be subject to criminal liability under the 2012 Act if they clamp a vehicle on land that does not belong to the debtor.

Civil Remedies and Compensation

In practical terms, enforcement is only lawful where the vehicle is on a highway, or where the debtor lives or trades. Any attempt to clamp or remove a vehicle from another person’s property is not only unlawful but criminal. In such cases, the person affected may apply for an injunction under paragraph 66 of Schedule 12 or section 4 of the Torts (Interference with Goods) Act 1977, requiring the immediate return of the vehicle. They may also claim damages under section 3 of the 1977 Act, as well as legal costs. A litigant in person is entitled to claim £19 per hour for time spent on the case under the Litigants in Person (Costs and Expenses) Act 1975.

Giving Notice and Collecting Evidence

Before issuing proceedings, it is necessary to give written notice to the enforcement company and the instructing creditor, informing them of your intention to apply for an injunction. This gives them the opportunity to return the vehicle voluntarily. In support of any application, you should gather clear evidence. This may include photographs of the location and the vehicle showing the clamp and number plate, as well as evidence that the land belongs to you or someone else. Where relevant, obtain a copy of the land registry title plan or tenancy agreement, and written confirmation from the landowner.

Recourse for Unlawful Enforcement

Where enforcement is carried out in breach of the statutory scheme, the agent's conduct may give rise to both civil and criminal consequences. Those affected are not without recourse. The law provides a clear and enforceable mechanism by which the vehicle may be recovered, damages claimed, and improper conduct challenged. I can assist with the preparation of the necessary applications, notices, and supporting documentation to ensure your position is properly advanced.