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Car towed away because of "for sale" notice on car. Please help!!!
Hi there,
I was left completely dumbfounded yesterday when after returning from work I did not find my car where I parked it. After several calls nobody could tell me exactly where it was until this morning somebody from Haringey council called me this morning to tell me that the car was towed away because there was a "for sale" notice on the window. They are telling me that I need to pay 420pds to get it back but would give 50% discount if I pay on Monday.
Is that legal as the car was correctly parked? Please help!!!
Re: Car towed away because of "for sale" notice on car. Please help!!!
go into the council office and demand an explanation
ask them what regs they used to remove your vehicle
tell them that they are now liable for all out of pocket expenses, taxi, tube, etc
inform them that you want your car removed back to where it was taken
Re: Car towed away because of "for sale" notice on car. Please help!!!
Originally Posted by Matt1011
Is the offence punishable by council or the police and is it your car removed strightawy from the road without a fine first?
Usually the Council, it is possible you got a pcn for contravention code 18 'Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited'.
Re: Car towed away because of "for sale" notice on car. Please help!!!
Originally Posted by postggj
learn somthing new every day
talk about petty
so you cant even put a sign in your car window for sale
when will these cash cow london councils stop
how would the council know the owner did not have a trading licence before taking the car
seems draconian to me
In some parts of London it is a real problem with multiple vehicles parked on street for sale in the same location. Unfortunatly in order to clamp down on this problem it is not possible to tell who is a genuine resident flogging his car or a trader with 20 or so cars for sale.
Re: Car towed away because of "for sale" notice on car. Please help!!!
Just in case you think I making it all up....
Ealing Council has secured a further nine successful prosecutions against illegal car traders selling cars on the borough's streets.
The offence committed by each of the defendants was engaging in street trading without a street trading licence (ie. trying to sell cars on the street) contrary to S38 London Local Authorities Act 1990. ·Upon conviction, under section (5) of the Act, the court can order any item confiscated to be forfeited.
The car sellers’ details are as follows:
Acton Magistrates Court - 18 May 2006:
1. Mr Mohammad Tahiry, 67 St Andrew Tower, Baird Ave, Southall UB1 3LX. Fined £100. Costs £285.32. Attempting to sell on Greenford Road, Greenford.
2. Mr Mantas Gelzinis, 99 Russell Rise, Luton Bedfordshire, LU1 5ET. Fined £100. Costs £285.32. Attempting to sell on Greenford Road, Greenford.
3. Mr Michal Wichrowski, 4 York Road, Brentford, TW8 0QP. Fined £100. Costs £285.32 Attempting to sell on Greenford Road, Greenford.
Acton Magistrates Court - 25 May 2006:
4. Mr Ahmed Nasara, Flat B 133-135 Queens Crescent, Kentish Town, London NW5 4EG. Fined £200.00. Costs: £285.32. Atempting to sell on Ruislip Road, Greenford.
5. Mr Michael Mongan, 113 Ruislip Road, Greenford Middx, UB 9QQ. Fined £400.00 and ordered to pay costs of £535.32. Attempting to sell on Ruislip Road, Greenford.
6. Mr Anton Tabas, 89 Becklow Gardens, Shepherd's Bush, London W12 9ET. Fined £400.00 and ordered to pay costs of £285.32. Attempting to sell on Horn Lane, Acton.
7. Mrs Angela Walker, 41 Summerlands Avenue, London W3 6EW. She was fined £200.00. Ordered to pay costs £285.32. Attempting to sell on Horn Lane, Acton.
8. Mr Mikhail Vasilef, 6 Twisady House, 28 Colville Square, London W11 2BW. Fined £200.00 Defendant ordered to pay costs of £285.32. Attempting to sell on Horn Lane, Acton.
9. Mr Sheikh Ikram, 3 Maple Grove Southall, Middx UB1 2PA. He was fined £300.00. Also ordered to pay costs of £285.32. Attempting to sell on Greenford Road, Greenford.
Re: Car towed away because of "for sale" notice on car. Please help!!!
Originally Posted by lamma
I don''t disbelieve you. Is a person selling their personal car a "trader" ? I would think not.
It is irrelevant who is selling the vehicle (unless of course they have a licence) it is the selling that is illegal for whatever purpose it may be as long as it is for gain or reward.
Re: Car towed away because of "for sale" notice on car. Please help!!!
Very interesting subject.
1/. Most people seem completely ignorant of this. That said, it's application sems inappropriate. Publicised fairly frequently in my local Council magazine.
2/. Discussed at some length previously on another forum. A Barnet case. One thing that cropped up is the wording of the contravention that 'mean' quotes. Oh, that is the contravention to use but I believe the issue was that it suggests something is being sold from the vehicle - which is contentious since that is not the case. Such enforcement would be under TMA 2004 - which brings me to a more important point >>
3/. £420?? Does not appear to be in line with the legislation used. Neither does the offer of a 50% discount, presumably meaning £210-. This might be OP's understanding. If £200 tow + 3 days @ £40 day storage + £100 pcn = £420. That means the discount is only being offered on the PCN so actual cost will be £370-. Better to start by saving some storage fees and recover it today.
-
No doubt all will be revealed when OP recovers the car. Will need to see all the documents.
Re: Car towed away because of "for sale" notice on car. Please help!!!
But he is not a trader, and he says he is not, then only removal reason must be abandonment of which they have to prove:
1. The Refuse Disposal (Amenity) Act 1978 allows for the vehicle that is advertised for sale to removed from the highway, if it is surrendered to the Council by the owner or if it can be proved that the vehicle has been abandoned.
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Re: Car towed away because of "for sale" notice on car. Please help!!!
At the most you ought to have received a pcn with contravention code 18 (as gtm quoted above). I honestly can't see that they would remove it without placing a 24 hour notice of intention to remove an abandoned vehicle, which in this case it most certainly doesn't sound as though it was abandoned. As for trading check out Onasanya v London Borough of Newham.
Car towed away because of "for sale" notice on car. Please help!!!
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Originally Posted by Matt1011
