Where the vehicle is
An agent can take control of goods on premises they have power to enter, or on a highway. For a car that means:
Within reach
- On the drive of the debtor’s home.
- At the debtor’s business premises.
- Parked on a public road, including streets away from the home.
Generally out of reach
- Inside a locked garage, for debts where there is no power to force entry.
- On someone else’s private land, such as a friend’s drive, unless a court has issued a warrant for those premises.
Vehicles that are exempt
- Blue Badge vehicles. A vehicle “on which a valid disabled person’s badge is displayed” because it is used to carry a disabled person is exempt.
- Vehicles needed for work or study, where the vehicle is necessary for the debtor’s own use in their job, trade or education and falls within the £1,350 overall limit for work equipment. A car worth more than that is not covered by this exemption.
- A vehicle that is someone’s only or main home, such as a campervan lived in full time.
- Emergency vehicles, and vehicles showing a valid health emergency badge.
The work equipment exemption does not apply to business rates or HMRC tax debts.
Cars on finance
Only goods belonging to the debtor can be taken. Under a hire purchase, personal contract purchase or conditional sale agreement the finance company owns the vehicle until the final payment, and Motability cars belong to the scheme. The finance agreement is the evidence of this.
A car bought with a personal loan is different. The loan is a debt, but the car belongs to the buyer from the start and has no protection on that ground.
Someone else’s car
A vehicle that belongs to a partner, relative or lodger is not the debtor’s goods. The registered keeper on the V5C logbook is not proof of ownership by itself, so a receipt or proof of who paid for the car carries more weight.
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Clamping: what the regulations require
The clamp is fitted
A vehicle found on a highway must be secured with an immobilisation device unless the keys are handed over voluntarily.
A written warning is fixed to the vehicle
It must state that the vehicle has been immobilised and why, the date and time, a reference number, and a telephone number for enquiries that is available 24 hours a day.
At least 2 hours pass
The vehicle “must remain immobilised where it is positioned for a period of not less than 2 hours” unless the sum is paid or an agreement to release it is made.
The vehicle can be removed to storage
Storage costs that are reasonably and actually incurred can be added to the debt. The agent must keep the vehicle in the condition they found it.
Sale, if nothing changes
A removed vehicle cannot be sold for at least 7 clear days, and at least 7 clear days’ notice of the sale must be given. The sale stage fee of £116 applies from the point goods are collected for sale.
Getting a vehicle released
The notice left with the vehicle must say that it will be released on payment in full, or may be released on part payment where the agent agrees. Paying the whole amount at any point before sale means the vehicle must be made available for collection and no further steps can be taken.
Where a vehicle was exempt or belonged to someone else, the route is a claim to the enforcement firm with the evidence, a complaint to the creditor, and if necessary an application to the court. How complaints work
Common questions
How do bailiffs know if someone has a car?
Agents look for vehicles at and around the address, including on nearby streets. For a parking or traffic penalty the debt is tied to a vehicle registration from the start.
Can bailiffs take a car that is not in the debtor’s name?
Only goods that belong to the debtor can be taken. If the car belongs to someone else, that person can claim it and will need to show ownership.
Can bailiffs clamp a car on a driveway?
Yes, if it is the debtor’s home. The drive is part of premises the agent has power to enter, and no door has to be opened to reach it.
Can bailiffs take a car for a parking fine?
Yes. A council parking penalty that reaches the warrant stage is enforced like other debts, and the vehicle is usually the target. Parking fines and bailiffs sets out that process.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.
Sources
- Taking Control of Goods Regulations 2013, regulation 4 (exempt goods)
- Taking Control of Goods Regulations 2013, regulation 18 (vehicles on a highway)
- Tribunals, Courts and Enforcement Act 2007, Schedule 12
- Taking Control of Goods Regulations 2013, regulations 37 and 38 (sale)
- Taking Control of Goods (Fees) Regulations 2014 (as amended)
- GOV.UK: Bailiff powers when they visit your home