You were ambushed by bailiffs in an ANPR van

Enforcement fails. You must be given notice before an enforcement step is taken and you can sue for breach of Schedule 12, or bring an action under section 3 of the Torts (Interference with Goods) Act 1977.

If your car is on hire purchase or leased, get an injunction and the bailiff company pays damages and your legal costs.

If you moved recently, or your address on the warrant is not current, apply for a detailed assessment hearing which suspends enforcement and the bailiff company pays your legal costs.

Probable causes

You bought a used car and it has a ticket by the previous keeper

The registered address with DVLA is not your current address

You have moved after the PCN was incurred

The vehicle is registered in Scotland or overseas

 

You bought a used car and it has a ticket by the previous keeper

Make an third party claim followed by a claim for damages under section 3 of the Torts (Interference with Goods) Act 1977.

The registered address with DVLA is wrong

Appeal the PCN. on the grounds you were not given a Notice to Owner (NTO) and apply for a detailed assessment hearing together with a claim for damages. The bailiff company pays your legal costs.

You have moved after the PCN was incurred

Appeal the PCN. on the grounds you were not given a Notice to Owner (NTO) and apply for a detailed assessment hearing together with a claim for damages. The bailiff company pays your legal costs.

The vehicle is registered in Scotland or overseas

The jurisdiction of the Traffic Enforcement Centre only extends to England and Wales, therefore the council cannot apply for a warrant of control to recover unpaid traffic debts.

The council can still issue a ticket, but if a bailiff uses the schedule 12 procedure to take control of it, then it amounts to theft. Section 1 of the Theft Act 1968 states;

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Section 12 of the Act states;

12 Taking motor vehicle or other conveyance without authority.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

(2)A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

When the ANPR van gets a "hit";

Low value vehicles will be clamped and a money demand made to the keeper for its release

High value vehicles will be towed away to a compound and they will charge high storage fees.

If you want to start proceedings to recover a vehicle and claim damages for non-compliant enforcement, contact me