Clamped by bailiffs for an unpaid debt?
It is the practice of many bailiffs to indiscriminately clamp vehicles, but this is illegal.
Clamping of motor vehicles on PRIVATE LAND that is not the debtor’s land is a criminal offence under Section 54 of Chapter 2 of the Protection of Freedoms Act 2012. 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 liable person.
It is also illegal for bailiffs to clamp or seize goods not wholly belonging to the debtor. See Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
It may well amount to excessive levy. If the bailiff has left the scene, it may now be what is called levy abandonment.
You may also be a victim of an ANPR camera.
If this has happened to you, then you have several routes to remedy the problem.
- Removing a wheel-clamp using bolt cutters - the law
- Remove a wheel clamp by 'pay and reclaim'
- Remove a wheel clamp by making a formal complaint about the bailiff then claim for a new vehicle
- Your vehicle has been clamped and you need a trump card - Appeal the PCN!
- Recovering a vehicle from a bailiff’s compound
JBW Group should know better because case law has already ruled on this point and the bailiff company spectacularly lost. More
You can also anonymously report the fraud (obtaining money using a wheel clamp) to Action Fraud online. These are investigated by the Serious Fraud Office who can investigate organised complex frauds. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will summarily fob your complaint.