How long can a Bailiff clamp my car for?
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
Are you worried about a bailiff clamping your car? You may be feeling stressed and unsure about what to do next. Don’t worry; you’ve found the right place to get help.
Each month, over 170,000 people visit our site to get advice on difficult debt situations like yours. Here, you can find clear, easy-to-understand answers to your questions.
In this article, we will:
- Explain how long a bailiff can clamp your car for.
- Give you tips on what to do if this happens.
- Share information on what a County Court Judgement (CCJ) is.
- Discuss if your car can be clamped on your driveway.
- Tell you how to stop a bailiff from clamping your car.
Our team knows how hard it is to deal with bailiffs, as some of us have been in your shoes before. We understand your worries and are here to help.
Let’s get started on how you can handle the situation and what your next steps should be.
Can My Car be Clamped?
Yes, a bailiff can clamp your car. Cars are usually one of the most popular assets that bailiffs will try to take control of.
This is because cars are often the most valuable item owned, and they can be easy to sell. Furthermore, a car is often easy to access for the enforcement agents as it is outside the house.
What If It’s In My Driveway?
Bailiffs can only clamp your car if it’s parked on your property, at your business premises or if it’s on a public road. They can clamp your car even if you don’t let them into your home. This is because bailiffs have the authority to take goods from outside your home without you giving them access.
What Vehicles Can’t They Clamp?
There are some cars that bailiffs can’t clamp.
This includes cars that are on your property but don’t belong to you. A friend’s car or a car on hire purchase, for example, can’t be taken by the bailiffs and can’t be clamped after ownership is proved.
Bailiffs also shouldn’t clamp cars that are essential for your medical or mobility needs as these are exempt goods.
For specific advice, speak to a debt charity. I have linked a few charities that offer free advisory services towards the bottom of the page.
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How Long Will It Be?
Bailiffs cannot remove a car until it’s been clamped for a minimum of 2 hours. You must act quickly if you want to stop bailiffs from taking your car. You can stop the bailiffs from taking your car with one of the following actions.
Pay The Debt in Full
Clearing the debt in full, including fees and court costs. You can do this by using the contact information included in any documentation you receive from the bailiff. After your car is clamped, you’ll receive a warning of immobilisation. This document will detail when your car was clamped and provide a contact number for you to call.
Agree to a Controlled Goods Agreement
If you can’t afford to pay the debt in full you can make an offer of a payment arrangement and sign a controlled goods agreement. Work out how much you can afford to pay and make your offer. The bailiffs don’t have to accept your repayment offer. However, if you can show your income and outgoings and how you came up with the figure you may have a chance of your offer being accepted. Use the free budget tool I have made available for download to work out what you can afford.
The bailiffs can create a controlled goods agreement that means you can keep your belongings listed in the agreement providing you pay the repayment plan. If you fail to keep up with the payments the goods can be seized and sold. It’s important to only agree to a repayment plan that you can afford.
Can They Do It on Private Property?
Bailiffs can’t take your car if you park it on private property that doesn’t belong to you unless they have a court order allowing them to do so. You can ask a family member or friend if you can park your car on their driveway. Ideally, lock your car in a secure garage as this will help to stop the bailiffs from finding it in the first place.
How about on a Public Road?
You can move your car from outside your property, however, whenever you park your car on a public road it is at risk of being clamped. Bailiffs use a camera to detect registration numbers on vehicles as they drive around. This means parking your car a few streets away doesn’t guarantee it’s safe from the clamp.
What if I’m paying with Finance?
Bailiffs can’t take your vehicle if you are still paying for it through a hire purchase agreement. The car doesn’t become officially yours until you make the last payment on the agreement. Therefore, technically the car is still owned by a third party, the HP company. However, the law is not clear on this, and bailiffs will sometimes try to clamp it and take it away if you don’t pay.
Prove your car is a hire purchase by using the HPI check website. Use this website to prove that you are still making payments. You can also show your hire purchase agreement.
» TAKE ACTION NOW: Fill out the short debt form
Can They Take a Vehicle That Isn’t Mine?
Bailiffs cannot take a car that doesn’t belong to you.
Be ready to prove that the car or vehicle isn’t yours. If a bailiff takes a car that isn’t yours the owner will have to make a complaint to the bailiff company. If the bailiff refuses to return the car the owner should contact the creditor and inform them of the situation.
You might be able to prevent the bailiffs from taking the car if you can demonstrate your non-ownership within the 2 hour window.
Complain if it was Wrongfully Done
You have the right to complain if you believe bailiffs have clamped your car without good reason. Complain directly to the creditor who instructed the bailiffs to recover the debt. You can send a copy of the complaint to the bailiff company too. Explain why you believe the bailiffs have be oken the rules and show evidence to support your claim. Contact a debt advisor if the bailiffs refuse to remove the clamp.
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Can You Legally Remove It?
You can’t legally remove a car clamp if it’s clamped by the bailiffs. The only way to get it removed is to arrange repayment of the debt you owe. Once you sign a controlled goods agreement or pay the debt in full the bailiffs will remove the clamp. Remember, you only have a short time frame to make this arrangement. Act quickly to avoid your car being towed.
How Do I Stop Them?
Making an offer of payment before the bailiff visits can stop bailiffs from putting a clamp on your car. If you’re unable to make an offer of repayment you can try to hide your vehicle by parking it on private property or in a locked garage. Read the suggested articles below for more information on what to do if you’re expecting bailiffs.
Where Can I Get Professional Advice?
If you are dealing with bailiffs or worried about them clamping your car, I recommend speaking to a debt charity.
There are several charities and organisations in the UK that offer free debt counselling services and free financial advice. Their advisors will be able to walk you through your options and find the best solution for you.