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 arises 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 may claim damages for the loss of your goods at a subsequent hearing.

It does not matter if the vehicle has already been sold. The court can undo the sale and return your car.

Bailiffs must have a "reasonable belief" that goods belong to the debtor. If that assertion is made 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 (Exhibits)

• Bill of sale or sales invoice
• Bank statements showing payment from buyer to seller
• Commencement of insurance
• Advertisement of sale
• Receipt for tax on the vehicle
• The V5 new keeper slip

Caution: Courts do not like it when buyers and sellers know each other outside of the vehicle transaction.

If the car is exempt goods, you may claim under CPR 85.8.

If the vehicle is used in your employment, gather:

• A letter or contract from your employer
• Evidence of trade (e.g., taxi, driving school)
• Evidence that the vehicle's value is under £1350

Remember: Evidence at this stage is crucial. You cannot add further evidence later.

Warning: Bailiff companies often request insurance documents and a V5, but these are not legal proof of ownership. Although not mandatory, try to include an insurance policy to protect your position.

2. Create a Notice of Claim to Controlled Goods

• Amount of debt being recovered (if known)
• Vehicle description and registration
• Your address
• Grounds of ownership or exemption
• Name and address of the creditor or council
• Name of the bailiff company
• Supporting evidence

Apply to the court for a direction that the payment required be based on the debt, not the goods’ value.

Where possible, ask the seller or debtor to make a sworn statement that they sold the vehicle to you in good faith. 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 if applying for fee remission). Do not file this yet.

Enter your name as the Claimant and the council (or creditor) as the Defendant. Add the current date.

4. Create a Third Party Claim Witness Statement

Post and email the following to the creditor (or council) and the bailiff company:

• Copy of the witness statement
• Draft order (if any)
• Form N244
• Costs Form N260
• All exhibits

Keep the originals for court use.

The bailiff company has three days to decide the outcome. The creditor has seven days to return the vehicle. Meanwhile, no further enforcement actions may be taken, including selling the vehicle.

If the creditor accepts your claim, the vehicle must be returned. Do not sign anything on delivery or collection of the vehicle. Bailiffs may attempt to secure a disclaimer to prevent legal action.

If the bailiff refuses to return the vehicle, then file the application at court. You may then recover damages if your claim is allowed.

If the bailiff demands that you collect the vehicle, you may include the cost in your damages. If damaged, notify the creditor immediately by email. Delay may invalidate your claim.

Once assessed and repaired, you may commence a claim for damages and losses.

File the claim at your local county court. If the debt is under a High Court writ, file at the High Court Masters Corridor, the Strand.

If contacted by Felton’s Law or solicitor Peter Felton Gerber, contact me immediately with their correspondence.