One of the most vulnerable possessions you have when dealing with Bailiffs is your vehicle. However, since 2014 guidelines have been introduced identifying more clearly the situation with immobilisation and removal of vehicles in connection with a Warrant of Control.
A vehicle can not be clamped;
- If the vehicle is on finance
- If the vehicle is displaying a “Blue Badge”
- If the vehicle is used for the transportation of the ill or disabled where no other form of transport is available
- If the vehicle is a motobility vehicle
- If the vehicle is not owned by the person named on the Warrant
Using a vehicle for work...
If a vehicle is used solely for the purpose of work and has a value of under £1350 at auction and where there are no other means of the person being able to carry on their trade a person may be able to avoid having their vehicle removed by bailiffs.
Bailiffs need to be careful that any clamping and/or removal of a vehicle is not considered excess levy. So for instance if there is a debt of £422 for a parking fine and a vehicle is valued for auction purposes at £10,000 removal of the vehicle would be excessive.
The problem with this, is that Bailiffs do not particularly give consideration to a vehicles value and it could be removed regardless of that fact leaving you to deal with the retrieval of the vehicle.
We often see members advising those facing imminent clamping to simply cut the clamp off. While there is no doubt that is a very quick and effective means to get yourself back on the road, it has the potential to lead to some serious stress. The Criminal Damage Act 1971 states:
"A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence."
So, if you destroy the clamp, and intend to destroy the clamp, you could find yourself facing a charge of criminal damage.
How to beat the clampers...
If you want to attempt to beat the clampers, you're going to need a little bit of mechanical knowledge along with a few other bits to ruin the clampers day.
Follow our guide to get the clamp removed and perhaps make yourself a few quid in the process...