Bailiff clamping wrong vehicle

[Xcub]

Had rude bailiffs knocking at my door at 6am wanting to search property. They asked if a woman was in the property. I said no, the woman named did not live there. Turns out the woman was a previous tenant who owed money. I am the new tenant. They still wanted to enter and search the property. I said I was calling the police who took 2 hours to arrive. In the meantime they clamped my car in the driveway, and left before the police arrived. My elderly mother had a hospital appointment which prevented me from taking her. Had to call for a taxi. Police asked them to remove clamp but I had to show bailiff tenancy agreement and council tax notice before they removed clamp. This is outrageous. After telling them the woman did not live there, they did not ask to see my tenancy agreement or council tax notice -they said they wanted to search the property-hence the police call. They would not show id or 'the warrant' as it was in the woman's name. They said they were bailiffs but anyone could say that. No way was I letting them in at 6am in the dark with an elderly mother lying in bed.

[ploddertom]

Re: Bailiff clamping wrong vehicle

I am not defending them but this is a story they hear just about every day and thought they were doing right by clamping the car but they should have shown due diligence by making enquiries of who the Registered Keeper/Owner was.. Of course they should have asked for proof of who you are. Unfortunately about the only thing you can do is make a complaint to the company they work for and if you know who the creditor as well although I doubt you will get much more than an apology.

[R0b]

Re: Bailiff clamping wrong vehicle

I would agree with Ploddertom to an extent and say that these bailiffs have probably every excuse available so are pretty hardened when it comes to someone saying "The car is mine and not the debtor's". That being said, any recourse will ultimately depend on what actually happened and whether you were considered as being unreasonable.

As Ploddertom has said, did they make any inquiries about who's car was on the drive and if so, did you refuse to provide any evidence that it was yours and not the debtor's? Equally, do you know if they carried out a check on the car to verify who's name the vehicle was registered to (assuming it is in your name)?

Personally I find it strange that they chose to clamp the car and then bugger off without waiting for the police, and I would take an adverse inference from that but that's just my view - if they had reasonable belief that the car was the debtor's then they should easily be able to prove that a check was carried out on the car and they asked for evidence of the car's ownership/registered keeper details as a starting point. Assuming they were wearing body cameras too then you could make a subject access request for that information, though I am guessing if there is wrong doing then the bailiff company might be obstructive in giving that information.

In terms of any recourse it depends on whether you really think it is worth pursuing this to court against the bailiff company and/or the claimant who instructed the bailiffs. There appears to be on the face of it a wrongful interference if the bailiffs had no reasonable grounds to believe that the car belonged to the debtor and failed to carry out any reasonable checks before clamping. Any claim would likely be for conversion or trespass to goods, the former being the more serious which amounts to deliberate interference with the car so as to exclude you from its use or possession whereas the latter is a minor infringement like touching or picking something up and walking around with it. All of this of course is subject to any defence the bailiff company may have in any legislation or common law defence.

As the clamp was removed presumably the same day, the loss of use and possession is probably going to be minimal, so even if you wanted to pursue this don't expect to achieve any substantial compensation, perhaps a could of hundred pounds at best?

[ploddertom]

Re: Bailiff clamping wrong vehicle

Be interesting to know if they had Body Video and in particular if it was switched on although it is surprising how many copies are corrupted in situations like this.

[R0b]

Re: Bailiff clamping wrong vehicle

It would be interesting to see their response, I do read sometimes on here that the bailiffs companies do say the body cam was unfortunately not switched on at the time. Is there guidance that the body cam ought to be on at appropriate times and how often, does one expect to say that they 'forgot' particularly those who are experienced.

And to clarify my previous post, I am not suggesting that Xcub should be issuing a claim in the first instance, I think a well drafted letter outlining these issues and perhaps at the same time explaining this information along with a suggestions of reasonable compensation (including the taxi fare), plus a copy of the video footage from the body cam to review. Obviously if the bailiffs are uncooperative then maybe the next step is consideration of pursuing a potential claim.

[Xcub]

Re: Bailiff clamping wrong vehicle

Thanks all for replying. They clamped my car with absolutely no discussion. I don't know if they checked who the car is registered to (me) They would not speak to me through the window, but shouted that they had clamped my car. They gave me the finger and told me to 'jog on' and said they would wait for the police, but then left after 1.5 hours as the police had not arrived. Police took 1.75 hours to arrive. What is so outrageous is I have absolutely no link with the debtor. Never met her, never spoken to her, I am unaware who she is. She was apparently the previous tenant who moved out 2 months before I moved in. Bailiffs said they wanted to search the house even after telling them the lady did not live there. Rude and aggressive. Do they not realise in their Neanderthal skulls that it is possible that new tenants live there? That the new tenants may have NOTHING to do with some previous tenant, long gone? And then take out their overbearing, aggressive and rude attitude on the new tenants, who in reality owe them nothing!!!
I won't take this farther, it's not worth it. Suffice to say they came skulking back, without a word of apology and said they would remove the clamp after I 'had to prove' who I was and that I was the current tenant. They suck and they are a disgrace to their 'profession' My opinion, you understand.

[R0b]

Re: Bailiff clamping wrong vehicle

Whilst I appreciate your point of view and indeed it does sound they are being very unprofessional, you also have to understand they are doing their job. The easiest solution would simply have been to offer them proof that you are not the person such as your tenancy etc. and they should go on their merry way. Obviously that is all in a perfect world and if you did do that then that is more ammo in favour of you but if you didn't then perhaps if you encounter this position again and you are not at fault, maybe try that as a starting point.

Even if you aren't going to take it further to court, maybe you should at least make it clear on and put yourself on record as a formal complaint and at least ask for some compensation and see what they come back with. If they tell you they are not paying you a penny then at least you have a record of your complaint should the issue arise again with the same bailiff company.