Asking a court to return your vehicle.
This is called a third party claim
DO NOT attempt to sell or transfer your vehicle to avoid it being controlled by bailiffs.
Do not attempt this procedure unless you are legally competent.
A third party claim if your vehicle (or goods) have been taken into control or removed by bailiffs in connection with either:
A debt that is not yours, or
The vehicle (or goods) are exempt goods , or
The debt is yours, but the vehicle is owned by your Ltd company.
You claim damages for the loss of your goods at a subsequent hearing
It doesn't matter if the vehicle has already been sold. The court can undo the sale and return your car.
Bailiffs have a "reasonable belief" that goods belong to the debtor. If that assertion without any foundation the bailiff can be made to pay costs on an indemnity basis.
- Alenezy v Shergroup Ltd [2022] EWHC 777 (QB) (01 April 2022)
1. Collate documentary evidence. These are called exhibits ,
Bill of sale or sales invoice
Bank statements proving flow of money from the buyer to the seller.
Commencement of insurance
Advertisement of sale
Receipt for tax on the vehicle
The V5 new keeper slip.
Caution , Courts don't like buyers and sellers knowing each other other than for the transaction of the vehicle
If the car is exempt goods, you can make a claim to exempt goods under CPR 85.8
If the vehicle is used in your employment,
A letter, or contract from your employer
Evidence of trade, for example, its used as a taxi or a driving school
Evidence the value of the car is under £1350.
Remember: Evidence at this stage is CRUCIAL. You CANNOT add further evidence later.
Warning : Bailiff companies like to see "insurance" documents and a V5, but these are not evidence of ownership. If you are pleading exempt goods on the grounds they are used for work, it is NOT a legal requirement to have business insurance . For the sake of protecting you from the bailiff company frustrating your claim, try to include an insurance policy.
2. Create a notice of Notice of Claim to Controlled Goods.
How much the bailiff is recovering (if known)
Description and registration of the vehicle
Your address
The grounds of your claim of ownership, or why it is exempt goods
Name and address of the creditor or council
Name of the bailiff company
Copies of supporting evidence to assist the court determine your claim
Always apply to the court for a direction that the required payment be a proportion of the debt being recovered, and not to the value of the goods controlled.
If you can. Have the SELLER or DEBTOR to make a sworn statement proving he sold the vehicle to you in good faith. Impress on them there is no penalty for selling a vehicle with unpaid traffic debts.
3. Complete a court Form N244, (Court fee £50, or complete a Form EX160a ) but DO NOT file this at court yet.
Enter your name as the Claimant and the council (or creditor) as the Claimant at the top right of the form. Then enter today's date.
4. Create a third party Claim Witness Statement.
Send by post AND by email, to the creditor (or council) and the bailiff company the following:
Copy of the statement, draft order (if you have made one) form N244, your costs Form N260 and exhibits.
Keep the originals for court use.
The bailiff company now has three days to decide the outcome of your claim.
The creditor has seven days to return your vehicle.
Meanwhile, no further enforcement steps can be taken, such as selling the vehicle.
If the creditor accepts your claim then your vehicle will be returned. DO NOT SIGN any documents when your vehicle is delivered or collected.
The bailiff company might be trying to get you to unwittingly sign a disclaimer preventing you bringing legal action for damages, and using the vehicle as a lien to get you to sign a document you would ordinarily not otherwise sign.
If the bailiff company refuses to return the vehicle, then file the application at court.
Your can now recover damages if the court subsequently allows your third party claim.
If the bailiff demands that you to collect your vehicle, you can add the cost to your claim. Your car might not be safe to drive as it has been outside your control.
If there is any damage to it, you must IMMEDIATELY notify the creditor or council by email WITHOUT DELAY.
Any delay will destroy your claim because the bailiff company will day the damage was caused while you were driving it home after leaving the compound.
Once your vehicle has been assessed for damage and any work is done to make it safe to drive, you can start your claim the damages and for your losses.
File the claim at your home county court. If the debt is a high Court writ, file the claim at the High Court Masters Corridor, the Strand.
If you receive a letter or email from Felton's Law or contacted by a solicitor called Peter Felton Gerber , contact me straight away with a copy of his letter or email.