Car Clamped

BEWARE 

If a bailiff clamps your car and you remove the clamp, he WILL try to report it as "THEFT" and "CRIMINAL DAMAGE". To be guilty of THEFT you must intend to permanently deprive somebody of their property, so always give the clamp back to the Bailiff. If you damage the clamp, he will try to report "criminal damage" and the Police will often take the side of the bailiff. Defending a case will cost you time and money, so be careful when you decide on this course of action. 

It can often cost more than paying to remove the clamp:

If Your Car is on Finance is may still be clamped

If your Car is on "Finance" it may be clamped or even towed away.  There are a lot of different types of Finance Agreements and increasingly bailiffs will Clamp or even tow away a car that is on finance. They are obliged to try to secure any asset that may belong to the debtor and if the finance agreement is the wrong type, you may find the bailiff can keep and even sell the car depending on how much of the vehicle is owned by the person they are "levying distress" on (taking goods).  Check our Clamped on Finance info page to see what type of Finance agreement you have in place to see if they bailiff can lawfully clamp the vehicle.

Cutting off a bailiffs wheel clamp

All property receives a degree of protection by law, so cutting off a bailiff wheel clamp could give rise to a possible criminal damage charge. The question is whether the owner of the vehicle had a lawful excuse. He will have to show that he acted in the belief that property was in immediate need of protection, and that his actions were reasonable having regard to all the circumstances.

The reason prosecutions for cutting off wheel clamps nearly always fail is the because defence proves bailiff was not acting lawfully. The owner of the vehicle can also sue for trespass to goods.

The clamping (or taking of your vehicle) is unlawful if it is:

Not yours. 

Or, it is leased, or on certain types of finance  AND final payment is not made. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

an enforcement agent may take control of goods only if they are goods of the debtor.

In any event, the bailiff cannot SELL the vehicle because Paragraph 51 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

(1)A purchaser of controlled goods acquires good title, with two exceptions.

(2)The exceptions apply only if the goods are not the debtor's at the time of sale.

(3)The first exception is where the purchaser, the creditor, the enforcement agent or a related party has notice that the goods are not the debtor's.

(4)The second exception is where a lawful claimant has already made an application to the court claiming an interest in the goods.

(5)A lawful claimant in relation to goods is a person who has an interest in them at the time of sale, other than an interest that was assigned or transferred to him while the property in the goods was bound for the purposes of the enforcement power.

(6)A related party is any person who acts in exercise of an enforcement power, other than the creditor or enforcement agent.

(7)“The court” has the same meaning as in paragraph 60.

The owner of the vehicle can make an interpleader claim

Used in your employment work or education etc,

Regulation 4 of the Taking Control of Goods Regulations 2013, states;

4.—(1) Subject to paragraph (2) and to regulation 5, the following goods of the debtor are exempt goods—

(a)items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350;

...

(d)a vehicle on which a valid disabled person’s badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;

(e)a vehicle (whether in public ownership or not) which is being used for, or in relation to which there are reasonable grounds for believing that it is used for, police, fire or ambulance purposes; and

(f)a vehicle displaying a valid British Medical Association badge or other health emergency badge because it is being used for, or in relation to which there are reasonable grounds for believing that it is used for, health emergency purposes.

Myth alert! Regulations don't require you to have "business insurance" on your vehicle. That is a myth originating from bailiff companies. The law only requires "third party" security. Section 143 of the Road Traffic Act 1988

Being used or driven by someone

Regulation 10)(2)of the Taking Control of Goods Regulations 2013 states;

(2) Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

(3) In paragraph (2), “in use” means that the item is in the hands of, or being operated by, the person.

Clamped before 6am or after 9pm

Regulation 13 of the Taking Control of Goods Regulations 2013 states;

13.—(1) Subject to paragraph (2), the enforcement agent may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day.

You were not given a statutory Notice of Enforcement

Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

There is no amount outstanding

The debt has been paid, (or quashed), and the bailiff is using a wheel clamp to obtain a fee.

Paragraph 58(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

58(1)This paragraph applies where the debtor pays the amount outstanding in full—

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014 states;

17.—(1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable.

Guideline 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

You had no previous knowledge of the debt.

Regulations depending on the type of debt:

Magistrates' court fine: Section 14 of the Magistrates Courts Act 1980

Council Tax: Regulation 23 or 33 of the Council Tax (Administration and Enforcement) Regulations 1992

Civil Traffic debt: Part 75.7 of the Civil Procedure Rules

High Court writ : In certain circumstances you can apply to set aside the writ.

The bailiff does not have a certificate.

Check the Public Register of Certificated Bailiffs:

If he does not have a certificate then commits an offence under section 63(6) of the Tribunals Courts and Enforcement Act 2007, which states;

Enforcement agents

(1)This section and section 64 apply for the purposes of Schedule 12.

(2)An individual may act as an enforcement agent only if one of these applies—

(a)he acts under a certificate under section 64;

(b)he is exempt;

(c)he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.

(3)An individual is exempt if he acts in the course of his duty as one of these—

(a)a constable;

(b)an officer of Revenue and Customs;

(c)a person appointed under section 2(1) of the Courts Act 2003 (c. 39) (court officers and staff).

(4)An individual is exempt if he acts in the course of his duty as an officer of a government department.

(5)For the purposes of an enforcement power conferred by a warrant, an individual is exempt if in relation to the warrant he is a civilian enforcement officer, as defined in section 125A of the Magistrates' Courts Act 1980 (c. 43).

(6)A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).

You can prosecute the bailiff

The debt is out of time

The debt is more than 12 months old, the date on the Notice of Enforcement is most probably more than 12 months ago, then enforcement ceases to be lawfully valid. Regulation 9(1) of the Taking Control of Goods Regulations 2013 states;

9.—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement.

Clamped or removed from private land, or a neighbours allocated parking space, etc.,

The bailiff can only clamp your car in a highway or on land where you usually live or carry on trade or business. This does not include where you are EMPLOYED. Private land includes private roads not adopted by the council and shopping centres. Paragraph 14(6) of the Tribunals Courts and Enforcement Act 2007 states;

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

Paragraph 9 of the Tribunals Courts and Enforcement Act 2007 states;

9 An enforcement agent may take control of goods only if they are—

(a)on premises that he has power to enter under this Schedule, or

(b)on a highway.

Clamping a car on private land in circumstances other than the above commits an offence under section 54 of the Protection of Freedoms Act 2012, which states;

54Offence of immobilising etc. vehicles

(1)A person commits an offence who, without lawful authority—

(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b)moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).

(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.

(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.

(5)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to a fine,

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

You can prosecute a bailiff under this section.

Check the clamp is secure.

A 'London Triangle' clamp, these often can be removed without breaking anything by unraveling the chains from behind the wheel. Just take the clamp from the wheel and put it to one side and you can take the car. The bailiff has not taken control of it. Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

13(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

If the clamp is not secured to the vehicle, the bailiff has not taken control of it by immobilising it. The vehicle is still yours.

If the clamp is secured to the vehicle, then;

i) If you are the debtor, you can bring an action under paragraph 66(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, or

ii) If you are NOT the debtor, claim against the creditor under section 3 of the Torts (Interference with Goods) Act 1977.

Start by:

1. Recording the call on your phone, ask the bailiff on his mobile, to return to the vehicle and remove the clamp. Say why it is illegal. Give him an hour. Confirm everything by text message.

2. Recording the call on your phone, report it to police on 101 and keep the "its a civil matter" rebuttal stored on your phone. If police say a crime is a civil matter then that may itself be an offence under section 26(5) of the Criminal Justice and Courts Act 2015.

3. If it is out of hours, the council has an emergency telephone line on its website. If you need your vehicle urgently, call the council who can contact the bailiff to return to the vehicle and remove the clamp.

If you use bolt cutters then:

You must give the bailiff a reasonable opportunity to remove the unlawful wheelclamp first BEFORE cutting it off. Section 5(2)(b)(i) of the Criminal Damage Act 1971 states;

“Without lawful excuse.”

(1)This section applies to any offence under section 1(1) above and any offence under section 2 or 3 above other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.

(2)A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—

(a)if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b)if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—

(i)that the property, right or interest was in immediate need of protection; and

(ii)that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

(3)For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

(4)For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

(5)This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges.

Otherwise you may be guilty of an offence under Section 1 of the Criminal Damage Act 1971 which states;

1 Destroying or damaging property.

(1)A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

(2)A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a)intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and

(b)intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

If using bolt cutters is not for you, then consider;

1. Making an Interpleader Claim if the debt is not yours or the vehicle is an exempt vehicle

2. Deploying a Pay & Reclaim.

3. Pay the "amount outstanding" to the council or creditor.

Then

Make a claim in the small claims court. 

Deploy the following with the council (or creditor) and your MP using the instructions contained herein. Send a copy to the bailiff by text message.

Formal Complaint letter for illegally using a wheel clamp.

If you have no supporting evidence the vehicle is illegally clamped, make a sworn affidavit.

If you need the use of the car, or its causing a loss, then the law says you are not guilty of an offence if you break an illegal wheel clamp. 

If a police officer makes an arrest, or threatens it for cutting off an illegal wheel clamp, then contact us to discuss being introduced to a solicitor specialising in unlawful imprisonment and false arrest.

Remove an illegal wheel-clamp using bolt cutters - the law.

Bailiffs and police say it 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.

The clamping of your vehicle is ILLEGAL if it is:

Not yours, leased, or financed (in a way that does not give you any ownership % until 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."

Used in your employment work or education, or other exemption. Regulation 4 of the Taking Control of Goods Regulations 2013.

disabled badge displayed inside. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013.

Being driven by someone. Regulation 10(2) of the Taking Control of Goods Regulations 2013 states "Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it".

Clamped before 6am or after 9pm. Regulation 13 of the Taking Control of Goods Regulations 2013

You were not given the Notice of Enforcement. Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

The "amount outstanding" has been paid. Regulation 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Guideline 31 of the Taking Control of Goods: National Standards 2014 states, "Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable"

You did not know about the original debt until you received a bailiff. Law depends on the debt.

Magistrates' court fine: Section 14 of the Magistrates Courts Act 1980

Council tax: Regulation 23 or Regulation 33 of the Council Tax (Administration and Enforcement) Regulations 1992

Civil Traffic debt: Part 75.7 of the Civil Procedure Rules

High Court Enforcement Debts: Run this checklist and apply to stay the writ and set aside the judgment

The bailiff has no certificate. He commits an offence under Section 63(6) of the Tribunals Courts and Enforcement Act 2007. Check here

The debt is over 12 months old. Enforcement expires after 12 months following the date of issue on the Notice of Enforcement. Regulation 9(1) of the Taking Control of Goods Regulations 2013. More.

The vehicle is situated on land the debtor neither lives nor carries on a trade. The clamper commits an offence under Section 54 of the Protection of Freedoms Act 2012. Private land includes private roads not adopted by the council and shopping centres.

Procedure

If the bailiff breached any of these, he cannot recover fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014. You can recover them by claiming under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Make a video of the bodywork and interior to prove it is undamaged. Using a selfie stick, make a video of the underside. Check the vehicles’ contents. Bailiffs are liable for damage to the car while under his control. Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Recording the call on your phone, ask the bailiff to remove the clamp. Say why it is unlawful. Give him an hour. Report it to police on 101 and keep the "it's a civil matter" rebuttal stored on your phone.

If you are still clamped an hour later:

You can remove the clamp using reasonable force. Criminal liability is void under Section 5(2)(b)(i) of the Criminal Damage Act 1971. Here is how to safely remove an illegal wheel-clamp.

NEVER inject the padlock with superglue

Make a claim for damages from the creditor or council the bailiff is acting.

If you followed the above and charged with an offence, contact us. We can do something about it.

Low value & end of life vehicles

consider this method of wheel clamp removal

DVLA clamping

This article applies to bailiffs clamping for unpaid debts. Not DVLA clamping unpaid car tax.

Sample Letter to Notify Bailiff that Car is on Finance or Lease Agreement

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter/visit dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure. These include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that, although I have the use of a motor vehicle, this is however (not owned by me/subject to lease/or finance). As evidence, I am providing photocopies of (enter details).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority that instructed him.

Could you please confirm safe receipt of this letter. (ensure that you keep a copy)

Yours Faithfully.

Vehicles and Assets Required for Your Business

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company, in advance, that a motor vehicle is necessary both for your use personally, and is required for your business/employment. If you are self employed, it would be advisable to provide proof of self employment by enclosing maybe a business card or letter of confirmation from an accountant. This letter could also be adapted to refer to other assets necessary for your use personally in your employment/business or vocation.

—

To: The Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter/visit dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

I am aware that statutory regulations provide that certain items are exempt from seizure, and that these include:

"Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation”.

Could you please note that I am employed as (see note) and that my vehicle is for my own use personally in my employment/business. As evidence of this, I am providing photocopies of (enter details).

I can confirm that I am willing to pay this liability at a rate of (enter amount).

For the reason stated above, if your company attempts to seize the above vehicle and/or charge me additional fees to do so, I will consider making an official complaint about your bailiff’s conduct to both the County Court and the Local Authority.

Could you please confirm safe receipt of this letter. >(ensure that you keep a copy)</SPAN

Yours Faithfully.

Statutory Declaration For Goods Belonging to Someone Else

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

Then you scan it, email it, fax it, post a hard copy recorded delivery. The bailiffs should then release these items from the levy.

—STATUTORY DECLARATION

To: (the bailiffs) (their address)

I (your name)

of (your address)

Do solemnly and sincerely declare that:

the items listed (list them)

are not the property of (your friends name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

Signature:

Declared at

On the day of two thousand and

Before me

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

Do the following first. (Print this out and take with you).

The car will get damaged if the bailiff takes it. Take comprehensive video of the vehicle showing it clamped.

Make a continuous time stamped video using your mobile and a selfie stick with fill-flash set to ON. Record the video SLOWLY in this order starting from the front number plate:

The whole front of the car.

Move round to show the wheel clamp on the car (if fitted).

The paintwork, roof, wheel, bumpers, bonnet, all doors and tailgate including the locks, sweep the camera slowly over the roof.

Open the boot and record the spare wheel condition and its contents.

Record the engine bay, steering and brake fluid reservoir levels, the battery, the engine number and any unique markings. (Improper use of street lifter wheel brackets can rupture steering and brake hydraulics)

Record the content of the glovebox. Lock the glovebox and film the locked glovebox.

Record the mileage and fuel.

Record the whole of the underbody of the car. Bailiffs move vehicles around a compound using forklifts causing damage to engine pan, fuel lines and exhaust system. This can cause the car to be written off. With video evidence you recover the replacement cost.

Record the condition of all road wheels, the tyre walls and hubs. Street lifter wheel brackets press against them when they lift the vehicle off the ground. This can cause impact damage to the hubs and tyres to deflate.

If you cannot timestamp your video then make a sworn affidavit proving the date, time and location the video was made.

Hide a Trackimo device in the vehicle (£45 on eBay with 1 year mobile networks and SMS subscription). Using an app, it enables you to position it on Google Maps. If the enforcement complaince checklist shows it is taken unlawfully, you can go round and recover it, or alert you by text message whenever it changes position.

When bringing a claim under paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, you must show evidence the vehicle was undamaged immediately before it was taken. Liability then resides jointly with the creditor and the bailiff company under paragraph 66 of Schedule 12.

If a Bailiff have discarded a clamp on or near your vehicle, you can give them 30 days to collect it or they relinquish ownership under the Unsolicited Goods and Services Act 1971.

Bailiffs clamping on private land is a criminal offence

It is the practice of police forces to train their officers to say bailiffs recovering a debt, are in a class above the law if they are reported for clamping vehicles on private land.

Regulation 18 of the Taking Control of Goods Regulations 2013 provides for vehicles to be clamped for 2 hours if it is found on a highway. Exclusions include the vehicle being used, a child or vulnerable person in the vehicle. See regulation 10 of the Taking Control of Goods Regulations 2013

Regulation 16 of the Taking Control of Goods Regulations 2013 provides for clamping of vehicles on private land only if the vehicle is not causing an obstruction or hindering access to a building, and a notice has been affixed.

Clamping vehicles on public roads is illegal under Regulation 17(3) of the Taking Control of Goods Regulations 2013 when the driver (not necessarily the owner) has not received a statutory Notice of Enforcement, or the vehicle does not belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

Clamping of motor vehicles on private land that is not the debtors land is a criminal offence Section 54 of Chapter 2 of the Protection of Freedoms Act 2012.

A person commits an offence who, without lawful authority—

(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b)moves, or restricts the movement of, such a vehicle by any means,

In 2011, a company operating as a trade association representing bailiff companies at Parliament attempted to last minute amendment to the law to exclude bailiffs, but Parliament rejected the proposal.

Source Parliamentary document

And this is the actual legislation as it is on the statute book.

The trade association sought to create a class of exempt persons from committing an offence of clamping on private land. It asked Parliament to amend Paragraph 54 of the Protection of Freedoms Act 2012 by adding the following:

54 (7) In this section ‘lawful authority’ includes a warrant or order issued from or authorised by a magistrates’ court, a county court or the High Court for the seizure of goods.

Parliament expressed its intention that bailiffs executing warrants continue to commit an offence by rejecting the proposal to add the above into Section 54.

If your vehicle is on your own driveway. Just move it to someone else's.

Bailiffs cannot remove goods situated on land that is not the debtors address. They can only take control of goods or vehicles found on a highway or on the debtors land. They cannot interfere with goods if they are situated on somebody else's property or land.

Huntress Search Ltd v Canapeum Ltd on appeal [2010] EWHC 1270 (QB)

Mr Justice Eady. Paragraph 37 of his judgment.

Finally, I return to the question of whether or not the address appearing on the writ confined the enforcement officer's authority to carry out enforcement at Unit 8. Should it be treated as a direction to execute there and only there? There is little direct authority to assist on this point. Traditionally, the writ of fi fa has been treated as authorising the high sheriff (now the enforcement officer) to execute in respect of any goods belonging to the debtor within his or her bailiwick or district. It would be absurd, argued Mr Wilson, if the enforcement officer were to appear at the premises identified on the writ and, having spotted that the debtor's goods were located somewhere in the vicinity, he was not entitled to execute – but would rather have to return and seek additional authority by an amendment to the writ.

Abandoned levy, sometimes called "Levy Abandonment"

Paragraph 54 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and regulation 47 of the Taking Control of Goods Regulations 2013 sets the rules bailiffs must follow when  he abandons controlled goods.

Goods also become abandoned if the bailiff does not give a Notice of Sale within 7 clear days. Regulation 38 of Taking Control of Goods Regulations 2013 states:

Minimum period of notice of sale

38.—(1) Subject to paragraph (2), the minimum period of notice of the date, time and place of sale required by paragraph 40 of Schedule 12 is 7 clear days before the sale of the goods.

(2) Notice may be given  on the day before the sale of the goods where, if the sale were to take place after the expiry of the period of time  referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished  or substantially reduced due to the nature or any characteristic of those goods.

When a bailiff attends and to take control of goods, he must complete:

i) The bailiff makes Controlled Goods Agreement AND you must sign it.

ii) If the vehicle is on a highway, he can clamp it

iii) Remove the goods (or vehicle) to a place of sale  

iv) secure the goods or vehicle on the premises he found them

The law is regulation 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 which states:

13(1 ) To take control of goods an enforcement agent must do one of the following—

(a ) secure the goods on the premises on which he finds them;

( b) if he finds them on a highway, secure them on a highway,  where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

( d) enter into a controlled goods agreement with the debtor.

If one of the above is done, then the bailiff can give notice he is abandoning them under regulation 47.

If none of the above was done:

The goods are still yours and you are free to take them away, and you are not guilty of an offence under paragraph 68(2) of Schedule 12 Tribunals, Courts and Enforcement Act 2007.