Car removed from Private Property Please Advise

[helenhelen]

I have been directed to this site which might I say looks really comprehensive regarding traffic problems.

 

Here is what I posted below. Can anyone tell me the best way to go forward. thank you very much in advance!

 

 

 

So we have just come back from holiday to find my partners car which cost us a fortune a few years ago has been removed and it gets worse. We have two properties and I never stay at our old house and he only will when working away.

 

It's a BMW 745i with a value of about £12,000 now looking at price guides.

 

It has been removed for a £1500.00 parking debt. My partner stupidly did not pay some tickets and the address they went to was obviously the old one.

 

How on earth can they remove a car of this value for sucha small debt. Worse than this we have had a letter from dvla saying we have a fine from them for not reporting the change of owner????????

 

I know this is my husbands fault but to sell something with a value 8 times the fine is totally unfair surely?

 

Can someone advise me before he starts screaming down the phone to them which will probably get him no where.

 

Also I have been told they should provide a bill of sale and a return of funds over the costs which has not happened and seeing as this was 2 months ago I can't see any reason not to have this considering the owner has clearly been changed?

 

Please any advice will be greatly appreciated. Should I be getting legal advice?

 

Thanks in Advance

Helen

[Bernie_the_Bolt]

Who were the parking debts owed to?

[helenhelen]

Thanet Council I believe.

 

Thanks

Helen

[Bernie_the_Bolt]

Then yes the council can do this provided they and their agents follow the correct procedures.

 

In your shoes, I would talk to a lawyer, do you have legal advice services from AA, RAC, insurers etc?

 

Be prepared though, the advice may be that your husband is the author of your misfortune.

[helenhelen]

I am not sure what legal advice we are entitled to. So far all I know is the following:

 

- it's his fault

- they are entitled to remove

- we should recieve bill of sale and funds

 

So far surprise surprise the only element not completed is us recieving funds which I would think is unlawfull.

 

Does anyone else have any input before we escalate this with a lawyer?

 

thanks very much for replies so far

[Guest wino]

If the car is sold at auction then it would sell for far less than it's value. You can even go to the auction and bid for it yourself.

[helenhelen]

Well I know one thing if we had the paperwork infront of us in time we would of paid.

 

The only thing we can hope for is that they have broken procedure somewhere. The good news is that if they have they will be banged to rights because we have cctv that feeds live to the internet for recording.

[pin1onu]

AIUI Bailiffs are only supposed to remove at the address on their warrant. They can get the address amended but have to return to court for that.

 

You should obtain all the relevant documentation including a breakdown of the charges that Equita have made. If they have sold it then you are entitled to the balance on the proceeds. If they don't return the dosh then that is theft. Bailiffs normally allow 7-14 days before they will think of selling.

 

If your partner updated his details at the DVLA it should be possible to get the matters dealt with via a Out of Time Statutory Declaration, which if accepted would set matters back to the Notice to Owner stage. If the details weren't updated then you may have to accept the debt.

 

It would be worth PMing Tomtubby. She's one of the experts on bailiffs. She should be able to advise the charges that can be applied as some bailiffs are known to add on all sorts of extras.

Edited February 2, 2010 by pin1onu