NCP impounded car

Ellie May · 14th March 2008, 10:55

Hi all

Hope you can help me with this one. I came out of work last night to find my car had gone from the NCP carkpark (open air not multi story) naturally my first thought was that the car had been stolen. On ringing the police they advised me that my car had been removed for unpaid parking tickets by NCP. I knew nothing of these tickets, however my ex boyfriend used to use my car so I am suspecting this is his doing!

Anyway they now want £135 release fee for my car. They originally wanted the tickets paying too (there are 7 of them) but I eventually managed to get them to back down on this. Obviously I need my car back so will have to very relunctantly pay the £135, but I am most annoyed about this.

My question is do they have the right to just take my car like this for unpaid fine? And is there any chance of getting my £135 refunded to me if they have not acted within the law?

green_and_mean · 14th March 2008, 11:07

If you are the registered owner you should be aware of any outstanding fines, charges etc as all mail would have been sent to you? I would contact NCP and get details of why they have impounded the car and post it here for more indepth advice.

pin1onu · 14th March 2008, 11:42

Quote:

Originally Posted by green_and_mean

If you are the registered owner you should be aware of any outstanding fines, charges etc as all mail would have been sent to you?

There is no such thing as registered owner - did you mean the registered keeper?

They are not allowed to impound a vehicle without a court order. As G&M has said we need details of who they have acted for.

If its for alleged private parking charges then they are probably guilty of theft. But without further details I can't comment further.

Ellie May · 14th March 2008, 11:47

Yes I am the registered keeper but have moved address fairly recently. I have advised the DVLA of this. My ex and I used to live together so there is a possibility he has intercepted these letters, however I find that quite unlikely. I guess I will have to take this up with him.

NCP are acting on behalf of themselves. They have said that the tickets are in relation to their parking fines. Apparantly they are from a pay and display car park in the city centre so I don't know if they are acting on behalf of the Council?

Bernie_the_Bolt · 14th March 2008, 11:50

Had you paid to use the car park you were parked in at the time of the towing?

Ellie May · 14th March 2008, 11:57

Yes but the ticket may have run out by about 20 mins

JonCris · 14th March 2008, 12:17

NCP are not empowered, by law, to seize your car without a court order for unpaid debt & that would only be granted to a registered bailiff once everything else to recover payment had been tried.

If they did take your car without the above being satisfied they are , as has already been stated, guilty of theft.

Also it's worth noting that these companies cannot 'fine' or 'penalise' you for an 'offence' if they claim they can they may impinge on their right to levy a charge as all 3 words imply statutory powers which they don't have.

If the contract terms for using their C/P state that they will remove any vehicle overstaying it's paid for period then they may have a right to do what they did but they still can't 'impound' your car. They can only remove it from their property to a public place

However their signs must be clear & visible for all to see at the entrance to the C/P & to remove your car after only a few minutes overstay is I suggest an over reaction to a minor transgression

Bernie_the_Bolt · 14th March 2008, 12:28

What did the signs say at the car park?

Irrespective of the merits of their view, is it possible that NCP could have formed the view that you consented to your vehicle being towed for an overstay?

Ellie May · 14th March 2008, 12:36

Not sure on the sign as there is a massive amount of small print on it. I had a quick scan this morning and couldn't see anything about removal. I will have a proper read at lunchtime though and let you know.

Assuming they have taken it illegally does that mean I could try to get the release fee refunded once I have paid it?

Bernie_the_Bolt · 14th March 2008, 12:38

Quote:

Originally Posted by Ellie May

Assuming they have taken it illegally does that mean I could try to get the release fee refunded once I have paid it?

That's the idea

Mossycat · 14th March 2008, 12:39

Quote:

Originally Posted by Ellie May

Not sure on the sign as there is a massive amount of small print on it. I had a quick scan this morning and couldn't see anything about removal. I will have a proper read at lunchtime though and let you know.

Assuming they have taken it illegally does that mean I could try to get the release fee refunded once I have paid it?

I would also claim for loss of use and general inconvenience as well as out of pocket expenses (phone calls etc) that you incurred whilst they had illegally deprived you of the use of your vehicle

Mossycat

JonCris · 14th March 2008, 12:49

Your correct Bernie but their contract term has to be fair & to remove a vehicle after only a few minutes is in mine & I'm sure any court, a gross exploitation of their right under the contract

Of course it would help if the OP could take a photograph of the signs & their location posting them on the site so we could make a much more informed comment

Bernie_the_Bolt · 14th March 2008, 13:04

Quote:

Originally Posted by JonCris

Your correct Bernie but their contract term has to be fair & to remove a vehicle after only a few minutes is in mine & I'm sure any court, a gross exploitation of their right under the contract

Of course it would help if the OP could take a photograph of the signs & their location posting them on the site so we could make a much more informed comment

I agree with you. What I am trying to do is to establish what NCP may have been thinking. Was this a tow-away in respect of this one over-stay or was it in respect of previous unpaid private "charges"?

That will determine how I would respond in the OPs position.

Ellie May · 14th March 2008, 13:04

I'm onto it guys. Will take pictures at lunchtime and get them onto my pc this evening.

Thank so much everyone for your help with this. I am starting to feel much better about it. I will certainly be claiming this release fee back, its shocking that they can do this.

Ellie May · 14th March 2008, 14:13

Right then, I've had a look at the sign. Right at the very end of it it says that your vehicle may be clamped or towed if you do not comply with the provisions of the notice. It also says you may get a ticket and doesn't specify what would constitute a ticket only, or what would result in a clamping removal. It is therefore at best ambiguous. There is no mention anyway of a fee to remove clamps or in the event of being towed.

it says that the car park is regulated by the City of Manchester Parking Order 1998, but I can't fine this online. I have therefore contacted Manchester Cioty council for a copy.

One final thing, al of this writing is ona sign above the pay & display meter but in very small print. So small in fact that my camera on my mobile has insufficient zoom to take a picture of it. I have another camera at home though which should do the trick.

So what do you think?

So

pin1onu · 14th March 2008, 14:42

Quote:

Originally Posted by Ellie May

Right then, I've had a look at the sign. Right at the very end of it it says that your vehicle may be clamped or towed if you do not comply with the provisions of the notice. It also says you may get a ticket and doesn't specify what would constitute a ticket only, or what would result in a clamping removal. It is therefore at best ambiguous. There is no mention anyway of a fee to remove clamps or in the event of being towed.

it says that the car park is regulated by the City of Manchester Parking Order 1998, but I can't fine this online. I have therefore contacted Manchester Cioty council for a copy.

One final thing, al of this writing is ona sign above the pay & display meter but in very small print. So small in fact that my camera on my mobile has insufficient zoom to take a picture of it. I have another camera at home though which should do the trick.

So what do you think?

So

I've just had a quick look at the City of Manchester council's website. It would appear NCP act as their agents. At a guess I'd say that there are outstanding PCN charges against the vehicle which is why they've towed it.

I'd contact the City of Manchester Parking Services (click here) and see if they can confirm if this is the case.
If it is you'll have to make a Statutory Declaration that you never received the NTO. If that is accepted you should be able to get your car released.

Post back with the results.

JonCris · 14th March 2008, 15:10

Quote:

Originally Posted by Bernie_the_Bolt

I agree with you. What I am trying to do is to establish what NCP may have been thinking. Was this a tow-away in respect of this one over-stay or was it in respect of previous unpaid private "charges"?

That will determine how I would respond in the OPs position.

Whatever the reason for removing the car they could not remove it for the other charges without a CCJ & that would have to have been enforced by a court bailiff

Bernie_the_Bolt · 14th March 2008, 15:19

Quote:

Originally Posted by JonCris

Whatever the reason for removing the car they could not remove it for the other charges without a CCJ & that would have to have been enforced by a court bailiff

I know, and if that is what has happened the response should be appropriately robust.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.