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Car towed and Storage charges of £4,000 so far


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I used to live in a block of flats where each flat had an allocated parking space. A car I had broke down so I put it in a "Disabled" space knowing this would not take a flats allocated space.

 

I moved and when I went back to get the car it was gone no-one knew where it was. I reported it as stolen to the police. I recieved a call from the police today stating the car had been foundand it was stored by a parking company in Worthing.

 

As the car was still registered at the old address they were unable to contact me but now they can.

 

They stated they are going to the DVLA to seek the interest in the vehicle, dispose of it and then come after me for the balance.

 

Can they do that to my car?

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Who removed the car. Was it the local authority or a firm of bailiffs?

 

It was neither, the car was in a private car park and was taken by a PPC, can they take ownership of my vehicle through DVLA?

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Was there any signage? Who removed it - were they SIA members? Have a read of the sticky on clamping, and see which parts apply.

 

They are SIA holders, there is zero signage, my main question can they get my vehicle assigned to them. PPC is Parking Management Control south of worthing

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No, they can't.

 

DVLA is not interested in the ownership of a vehicle, only who is keeping it.

 

If they apply to the DVLA for a change of keeper then:-

 

1) the DVLA will write to you to see if the request is genuine, and

2) changing RK does not affect ownership in any way.

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No, they can't.

 

DVLA is not interested in the ownership of a vehicle, only who is keeping it.

 

If they apply to the DVLA for a change of keeper then:-

 

1) the DVLA will write to you to see if the request is genuine, and

2) changing RK does not affect ownership in any way.

 

That is good news. Obviously I am looking to get my car back in the original condition it was, I would imagine if it has been in a storage facility the condition would have deteriorated, it was original in an underground facility, so what are my next steps?

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Have you asked them for your car back?

 

Send them a letter, informing them that they do not have your consent to have taken the vehicle, and demand they return it.

 

Inform the police that the vehicle was taken without your consent. Do not relent until they give you a crime reference number - not that they will ever investigate it, as they will no doubt insist that it is a civil matter - a crime reference may be useful in any county court claim against the PMC. Inform the police that PMC are extorting you for £4,000. Don't give up on that front.

 

My guess is that you need to be looking to obtain a court order for the return of the vehicle (I have no idea how you go about doing this, however), and you could then claim for any direct loss / damages caused.

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Have you asked them for your car back?

 

Send them a letter, informing them that they do not have your consent to have taken the vehicle, and demand they return it.

 

Inform the police that the vehicle was taken without your consent. Do not relent until they give you a crime reference number - not that they will ever investigate it, as they will no doubt insist that it is a civil matter - a crime reference may be useful in any county court claim against the PMC. Inform the police that PMC are extorting you for £4,000. Don't give up on that front.

 

My guess is that you need to be looking to obtain a court order for the return of the vehicle (I have no idea how you go about doing this, however), and you could then claim for any direct loss / damages caused.

 

I have some concerns about the state of the car, it is a convertible that was stored underground, they have had it in their storage area for over 100 days so I can imagine the car will be in a bit of a state. I can imagine getting the car back and it will be in a mess so am in a bit of a bind how best to approach this.

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Have I missed something here, what reason was given for the car to be removed by the PPC?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Have I got this right, this has been going on for over 3 months? Also, you havn't said what reason(s) were given for removing the car in the first place. In any event, I don't believe a PPC can remove a car without proper authority and then demand recovery/storage charges. If they do not have authority, then as far as I am concerned it is 'taking without the owner's consent' and thus is a police matter. As previously advised, you will need a crime number in case you need to inform your insures of the 'theft'.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The reasons given were that the managing agents said they thought the car was abandoned. It had broken down so I put in a parking spot that was not allocated ie a free space. I assume they will say the managing agents gave them the authority. The reason why it took three months was because I could not find out where the car had gone and it was the police who advised me the other day

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The reasons given were that the managing agents said they thought the car was abandoned. It had broken down so I put in a parking spot that was not allocated ie a free space. I assume they will say the managing agents gave them the authority. The reason why it took three months was because I could not find out where the car had gone and it was the police who advised me the other day

 

But they can't. The authority i'm talking about is from an LA or the police or a court. You have stated that there are no signs so towing (or indeed clamping) would be unlawful. When you say the reason its taken +3months is because 'you could not find out where the car had gone', i take it that you reported it as stolen to the police at the time?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Yes, I did report it as stolen to the police.

 

My next steps is to try and report it as a crime as the police will push back as they will claim it is a civil matter. Does anyone know what I can quote to persuade the police it is not a civil matter.

 

In their letter to me they quote "Torts (Interference with Goods) Act 1977, does any one know what that is and how it relates to this.

 

finally as a result of this car going missing and unable to claim off the insurance as the police refused to give me a crime number in the first instance I had to buy another car. Therefore I do not want this car back as I will assume it will need some remedial works if it has been sitting idly for four months. Can I take them to court to recover the cost of the vehicle and my possessions that were inside the vehicle.

 

Thanks

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I suggest that you write the following letter and send it by recorded delivery to the PPC and also send a copy to the land owner;

 

Dear Sirs,

 

RE: My vehicle (enter make/model/VRM)

 

I write in relation to the above mentioned vehicle which was clamped/removed from (enter location) without my knowledge or authority. I would also piont out that there is no signage showing any restricitions which I may or may not have breached.

 

Apart from unlawfully removing my vehicle, you are now making demands for clamping, removal and storage fees of which I have no intention of paying as I believe you are not entitled to them. In fact, I am writing to you to demand the return of my vehicle including it's contents within the next 7 days following the date of this letter after which I will, without further reference to yourselves, commence legal action against you. I also reserve the right to make an official compalint to the police of taking a vehicle without the owner's concent which is contary to the theft act.

 

Kindly ensure you respond within the time specified to avoid the above action.

 

Yours ect ect

 

 

Perhaps you would like to gain the opinions of others before sending and I would suggest you consult a solicitor also.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Taking without consent will not usually apply to towing, as the courts have held that the offence only applies to driving the vehicle (R v Bow), so including this just detracts from the main point of the letter.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Actually I dont really want the car back as I should imagine it will be in a state of disrepair and the work I will have to put in to get them to make the car respectable again will be onerous. Also I will have to oay for more insurance and tax. Can I ask for compensation ie value of the car and contents.

 

also can anyone explain the "Tort" thing

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  • 1 month later...

I have today recieved a letter from the DVLA advising that an application to be recorded as keeper and be issued with a V5C has been recieved by the DVLA. I rang DVLA stating that I am the keeper and owner of the vehicle and they said there is nothing I can do about this and ownership will be transferred.

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Something seriously wrong here... ownership cannot be 'transfered' by the DVLA. Have you still got the full reg doc for the car? Did you send the letter I advised? If so, did you get a response?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Sue the company and whoever hired them. If you win and they don't pay, go back to the police as this then proves dishonesty — especially if they sell the car, as this is a fresh appropriation of it for the purposes of theft.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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The company acted illegally under the "wrongful interference to goods act 1973" Erskine Fenty successfully got his car back after threatening to sue the company for illegally taking their car.I suggest you contact the company and threaten them with the same ruse.Tell them to check out the wrongful interference to goods act, tell them to check out Erskine Fenty on google, and also,Malcolm Marshall who used the same law successfully.

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