Car taken in error - a Civil Matter ?

[peugeot306]

hi people. on february the 5th 2009 my car was taken from driveway by a scrap metal recycling business. a reciept & £50 cash for the purchase of my car was placed through my letterbox.

 

there was a car in the street which was supposed to be collected which a friend owned. i knew nothing about the arrangment between the scrap business & this friend. i had specifically requested to my friend that i wanted absoloutly nothing to do with the collection of their car and so i knew nothing about the arrangment.

 

somehow my car was taken by mistake from off my own driveway. because i was aware there was an actual car supposed to be collected i could not understand why my car had been taken.

 

when i made enquiries to the business about seeking reimbursment their side of the story is they were told to take it. my friend obviously says the opposite (but does not deny we had an agreement that i was not to be involved in any way).

 

the police treated my matter as a civil dispute so my insurance would not pay out because i could not provide a crime incident number.

 

this friend gave my specific address details & location and gave permission for the scrap business to use my letterbox - without my consent and knowledge.

 

i had begun a civil claim against the scrap business through the county courts now allocated to the small claims track hearing which is set for the 1st Nov 2010.

 

its been alot of hard work & effort with misguidance and ill advice along the way i now believe. the business im claiming against has apparently changed co. owners etc etc. the individual who i am claiming against admits no liability. i am begininning to doubt if i have a valid claim because of the scenario with the business' co. dissolving but then being owned by a new co. etc. etc. ive done my best with the only knowledge i have about claiming against 'someone' i believe.

 

im just a normal person who woke up with no car and only £50 for it. the car in may 2009 was worth £1550 and my claim is for that amount which was issued against the defendant may 19th 2009.

 

however im now considering bringing this friend in as a defendant or even dropping the case against the current defendant and beginning a new claim against my supposed friend, based on the fact that i had nothing to do with their car and its collection and gave clear instructions i wanted nothing to do their business with the collection of their vehicle.

 

the friend wont admit any liability even though its obvious in error my car must of been assumed the one to collect by being given instuctions to do so. i dont believe my friends side of the story as even at the time of the incident their details on the phone conversation were very sketchy, now this friend doesnt want to know which makes me angry.

 

why should i be at a loss if i lose my claim against the bus./co. etc. who took my car?

 

my address details and use of my postbox where both given permission to use by my friend which i knew nothing about. as a direct result im am at a loss, however the error occured.

 

can i add this friend as a defendant? do i have a valid case against this friend?

 

any advice or help on this matter would be very much appreciated, so far the help i have recieved has got me nowhere it seems. ive done almost everything myself so far.

 

im supposed to be submitting my statement of truth/chronology documents by the 20th of this month. feeling a little dizzy by it all now to be honest. however I have applied for a time extension.

 

Cheers, all the best.

Edited August 15, 2010 by peugeot306

[peugeot306]

anyones thoughts or opinions expressed regarding my matter are welcome, aswell as any positive guidance.

 

thanks.

[my-spirit-soars-free]

Why did you need to tell your "friend" that you wanted nothing to do with the car that was being collected? Surely if he was getting his car collected, it would be nothing to do with you anyway? Why did the "friend" give your address?

[peugeot306]

i needed to tell my "friend" i wanted nothing to do with the collection of her vehicle so that i made sure i was to have no involvment, simple. the "friend" is working during weekdays, was unable to meet the vehicle collector with her old car situated near by where i live, and so asssumingly the use of my close-by letterbox would undoubtably be one way of her eventually recieving payment which would obviously mean my details would have to be provided. all i wanted was absoloutly no involvment in any way what so ever which is why i told her so and she agreed. her old car wasnt supposed to be my problem in any way at all and i made this very clear to the "friend".

 

hopefully the following details provide a good understanding of the circumstances:

 

 

I had helped & assisted Ms Bowen in moving her broken down car from within a no-parking penalty zone in XXXXXXXXXXXX town centre by using my own personal RAC breakdown cover to transport Ms Bowen's car to where she then lived.

 

The RAC recoverey truck could not reach Ms Bowen's address and so Ms Bowen telephoned me and asked if its ok to temporarily situate her car by XXXXXXX Close. I said it was ok but only if Ms Bowen will move it on as quickly as possible. Ms Bowen agreed and told me her car would be removed from XXXXXXX Close within a few days.

 

Ms Bowen left her broken down car situated in XXXXXXX Close for over a 3 month period. During this time Ms Bowen was actually given a second hand car in great condition.

 

I had requested to Ms Bowen on many occasions that she removes her old broken down car due to it not only becoming an eyesore, it was no longer road licensed and I had recieved a complaint from a neighbour about the car being seemingly abandoned for quite some time.

 

I was very upset & annoyed that Ms Bowen had ignored my requests asking her to remove her old car. Ms Bowen's old car was eventually issued with a removal & penalty notice by the local authority as the tax had expired on her car.

 

Ms Bowen informed me she was going to arrange for her old car to finally be removed. I specifically requested to Ms Bowen that I did not want any involvment what so ever regarding the removal of her old car. Ms Bowen agreed with my very clear and detailed request.

 

I awoke on the the 5th of February 2009 and soon found a reciept from Ammanford Metal Recycling & £50 cash which had been placed through my letterbox. I then realised that my car which was situated on my driveway was missing.

 

Ms Bowen provided A.M.R.'s vehicle collector with my name and address details and gave the permission for A.M.R.'s vehicle collector to use my letterbox. Ms Bowen knew she had no right to provide my details and she agreed I was to have absoloutly no involvment with the collection of her old car.

 

Subsequently I lost my great condition car and some personal belongings which were inside my car when it was collected.

 

With somebody's help Ms Bowen actually towed her old broken down car to her own address within 3 days after my car was wrongfully taken.

Edited October 20, 2010 by peugeot306

[sailor sam]

Hi. This really should be under your own new thread because this thread is an old one so please ask the site team (by clicking on the small triangle at the bottom) to move to a new thread. Reason being that CAGGERS will see that there are a few pages to the thread and think it is just up-dates on the old issue so they may not visit.

 

Anyway, I will give my view now i'm here as I was subbscribed to the tthread before.

 

Your claim would be agianst the person who engaged the contractor unless the contractor has acted negligently. So in a nut shell, Ns Bowen is liable for your loss so if she denies it then let a court decide from the account you have provided which will form you particulars of claim. It would appear that you could provide a witness statement from your neighbour who made the complaint. Your claim would be the value of your car + contents and any court fee + interest. My advice is to consult a solicitor though to be sure.

 

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.

[slick132]

Hi Peugot,

 

Posts moved into your own new thread.

 

Scrap metal merchants wouldn't be my first choice for "Companies to I successfully sue, and who are likely to pay up".

 

I would sue your friend and the scrap dealer as co-defendants. However, you should always consider:-

 

1. How likely am I to win the case.

 

2. Even if I win, how likely is it that my friend can or will pay.

 

3. Similarly, is a scrap metal merchant likely to pay up.

 

8-)

[green_and_mean]

I would insist the crime is recorded they cannot refuse to record a theft without investigation. Using the Police logic they could have turned up and towed a brand new Bentley away from your street because someone phoned them that lived locally and said it was dumped! If the scrap company had a genuine belief they had a legal right to the car and had made checks to that effect ie getting the V5 or had been authorised by the local authority they are in the clear but just turning up and taking a car makes them liable either criminally or in civil law.

[my-spirit-soars-free]

I am still confused how the OP ended up involved - how did his address end up being given by the "friend"? Why did the "friend" not use their own address? Who owned the car that was supposed to be picked up?

[sailor sam]

I am still confused how the OP ended up involved - how did his address end up being given by the "friend"? Why did the "friend" not use their own address? Who owned the car that was supposed to be picked up?

 

His 'friend' apparently.

 

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.

[my-spirit-soars-free]

If the friend was getting their own car picked up, why was the OPs letterbox being used, rather than the "friends"?

[crem]

because the friend's car was parked outside the OPs house as the tow truck that recovered the broken down car couldn't get all the way to the "friend's" house. (Maybe the road was too narrow or obstructed by parked cars or something)

[dpick]

I would assume that the scrap dealer had been given the details (reg number etc) for the car that was supposed to be removed and if they removed a car with a different reg number to my mind theft.

 

dpick

[green_and_mean]

I would assume that the scrap dealer had been given the details (reg number etc) for the car that was supposed to be removed and if they removed a car with a different reg number to my mind theft.

 

dpick

 

Exactly the point I was making, even then if the reg. was given they should have waited to get the V5 or proof of ownership. I should not be able to ring up a scrap yard and get them to tow my neighbours car and put £50 through the door whilst they are at work, which is what has essentially happened here if taken at face value.

[peugeot306]

thanks for the informative replys guys, cheers. i cant say or know for sure if the 'friend' will pay up or will the current defendant. as for the Police, i am disgusted with their opinion/attitude.. cannot believe they have never been willing to assist.

 

a simple phone call is the only investigation they carried out, they simply phoned A.M.R. asked them was there any dishonesty with the collection of my car, ofcourse A.M.R. reply was 'no', and that was it.

 

i have copies of the Police log relating to my matter, a PC 72 Davis i dealt with, now based at Carmarthenshire Police HQ i have been told, initially recorded/logged my formal report complete with errors/mistakes which i discovered after when i paid for a copy of the Police log, which if you ask me displays total neglect and lack of careing to my serious matter.

 

 

what also bothers me in my claim/case is that between when judgement in default was ordered by the court, (because the defendant Ammanford Metal Recycling hadnt replied or defended the claim properly even when being instructed to do so by the court), when a warrant was served it was (misunderstandably/mistakingly) sent to an individual persons name t/a A.M.R.

 

this individual was not filed as defenfant in my original claim (it was only defendant A.M.R.), an amendment of the only defendant title i believe occured simply in my person at the 'help' desk in court when i was asked who should the warrant be served to.

 

i was told you cant serve a warrant to a business/company name (i.e just 'ammanford metal recycling') and so i being made aware a particular individual was boss, manager, sole director & secretary of the company/business supposedly t/a A.M.R. i gave this individual persons name to the court and thats who the warrant was served to.

 

the warrant was returned because local enquiries produced information which says the individual doesnt trade as A.M.R, valuebright ltd (the company the individual soley directs) t/a A.M.R.

 

so it seems because a warrant was served against this individual t/a A.M.R. he automatically became defendant in my claim without any application/order to make him so. the individual applied for judgement be set aside and was succsseful.

 

on my case records since the warrant was issued and returned this individual has been on file as the defendant (i.e. 'john smith' t/a A.M.R.) and has defended my claim, which is allocated to a small claims track hearing.

 

my intention at the court when in person i was asked who should the warrent be served to wasnt at all neccesarily meant to be an individual persons name t/a A.M.R. it just made sense to me that this individuals name should be who the warrant is served to. the court chose to use this individuals name and treat and title it as 'a person' t/a A.M.R.

 

it wasnt until after the warrant was returned i realised this blunder/error had occured.

 

 

at the moment i am trying to add valuebright ltd (active, nature of business recycling of metal waste and scrap Inc. Oct 2008 ) and the 'friend' as defendant aswell as keeping the individual who is already (improperly?) on file as defendant ('john smith' t/a A.M.R.) and if im right and successful in my application to add the additional defendants i believe i will have to amend the particulars of claim.

 

otherwise if im not successful in this claim with adding these said defendants, or i just lose this claim completely, perhaps i can begin a new valid claim somehow.

 

 

its not right at all that someone/anybody can wake up, find their car has gone missing (forever), know whos taken it, know who has supposedly told them to take it and yet never be compensated/reimbursed. no help from the police, no help from my then car insurers, no help from dvla or trading standards. the c.a.b. were not very helpful and most recently legal advice/guidance from a trainee solicitor was not that great either.

Edited October 22, 2010 by peugeot306

[esmerobbo]

Maybe I am getting old but I am confused with this thread:???:

 

The car is parked on your drive, someone comes along and removes it without authority so depriving you of said car! That's theft!

 

Can not get my head around why you needed to be involved at any time at all, surely the scrap men could have sent your friend a cheque they would also be required to give her a certificate of destruction. Indicating the vehicle had ceased to exist.

 

As quoted by Green & Mean I would go see your local area police inspector/superintendent and insist they investigate. Get it logged as a crime claim on your insurance and let them know who took it so they can claim their losses from them.

[green_and_mean]

Maybe I am getting old but I am confused with this thread:???:

 

The car is parked on your drive, someone comes along and removes it without authority so depriving you of said car! That's theft!

 

Can not get my head around why you needed to be involved at any time at all, surely the scrap men could have sent your friend a cheque they would also be required to give her a certificate of destruction. Indicating the vehicle had ceased to exist.

 

As quoted by Green & Mean I would go see your local area police inspector/superintendent and insist they investigate. Get it logged as a crime claim on your insurance and let them know who took it so they can claim their losses from them.

 

Theft Act

 

http://www.lawteacher.net/PDF/TA%201968.pdf

 

 

Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

 

I'm no solicitor but I read that as, if you get something by mistake and don't give it back or pay for it you are guilty of intention to deprive, the proving a case of theft then boils down to deciding if its dishonest?

 

http://sixthformlaw.info/01_modules/mod3a/3_60_propety_offences/01_theft.htm

[peugeot306]

The Police, on a couple/few occasions, have basically told me the matter is civil, its logged as civil so we cannot be involved. ..but their only actual investigation to decide my matter is civil was one phone call.

 

I formally reported my matter in person to PC 72 Davis who assumed and told me it will no doubt be logged as civil matter (I have all this info recorded in the Police log which I have bought).

 

A.M.R./the Company told the Police during the investigative phone-call that a honest, genuine mistake had occured and that they had spoke to me with a view to resolving the matter (which is not true, I was actually shouted at and told to get the Police and Courts involved, by the current Defendant).

 

When I tried to resolve the matter formally, in writing, A.M.R. responed informing me they were told to take my car by Ms Bowen, and if I dont drop the matter I owe them (lots of) money for storage charges relating to my vehicle.

 

The boss had spoke to me the next day after the incident and told me to get the Police & Courts involved after he wouldnt agree to paying me what I fairly wanted as reimbursment for car. I wrote to them trying to resolve my matter and I recieved his letter in April 2009, signed by this supposed boss (signed Manager).

 

A.M.R./the boss wrote to me in April 2009 claiming 'they were told to take my vehicle and you owe us money in storage charges' (charges dating back to February 2009). Clearly the matter was not going to be resolved as you may/would expect.

 

I brought civil action against 'Ammanford Metal Recycling' in May 2009 but my Claim was returned back into Court in June 2009 by a false Direcor, of the supposed Co. now t/a A.M.R. (valuebright ltd), not accepting liability, claiming the Co. t/a A.M.R. (apparently a jobspot ltd), in Feb 2009 that collected my car, is now defunct/dissolved.

 

The 'person' from A.M.R. who spoke to me on the phone, the day after the incident, is the same person who wrote to me in April 2009 and was also the only sole director (3 days after my claim is issued) of the apparent Co. (valuebright ltd) t/a A.M.R. to date.

 

Now, and after the error/blunder regarding the afore mentioned Defendants name/title (described in a previous post of mine), this 'person' is who I am currently claiming against though I believe he is actually the person liable as it should turn out. He claims in his very brief defence that a Jobspot Ltd t/a A.M.R. in Feb 2009, when my car was collected, is nothing to do with him. This same person was sole Director of valuebright ltd when my claim was actually returned back into Court, in June 2009, with the letter from a false Director of valuebright ltd.

 

Understandably overall my Claim seems very messy from all angles perhaps and I cant prove this individual/Defendant was who traded as A.M.R. in Feb 2009. The Defendants title is '(i.e) John Smith' t/a Ammanford Metal Recycling.

 

Until I have exhausted every possible avenue, and there be no one left to sue for my loss, I dont think I should or can stop pursueing my matter/claim. Its just not right at all my position/situation..

Edited October 22, 2010 by peugeot306

[slick132]

If your car was taken by someone, with neither your knowledge nor permission, it's theft and should be declared as such to your insurers.

 

As Esmerobbo sais, why not simply leave your insurers to sort this out.

 

In my view, the whole business about your friend and her car is complete red herring.

 

Isn't that what your insurance is for, after all.

Edited October 22, 2010 by slick132
typo

[peugeot306]

i woke up my car was gone. i knew there was a car nearby that was supposed to be collected near where i lived though i knew nothing about the arrangment/incident which took place on the 5th of february 2009. no one at the scrap dealers/A.M.R. was able to assist or help me on the day my car was taken, i believe i was fobbed off to put it bluntly. i formally report my matter in person to the police fully explaining the situaton. the next day i recieved a call from A.M.R. who basically told me to get lost. after the police enquiry to the scrap dealer/A.M.R. then according to the police/law is was not stolen on the 5th of February 2009 and the matter was logged as civil. i wrote to the scrap dealer/A.M.R. and was given a response in a letter which said they were told to take my car. even when i went back to the police with this letter from the scrap dealer/A.M.R. the police were simply not interested as the matter surrounding my car was logged as civil. my then car insurers would not pay out or be involved because of their 'small print' basically and so the account which i gave them reporting my vehicle as theft did not satisfy them in order to pay out as i did not have a crime reference number relating to my car because no crime had taken place.

 

i went to the scrap dealers/A.M.R. to investigate my car in february 2009 which was still in one complete peice. though it was noticeably damaged. the car was assumingly kept in that state until atleast late april 2009 when A.M.R. wrote to me telling me ''as from 18th february (2009) the charges for storage are £15 per day. up until today you owe us £915 in storage charges. as we have already paid for this car and we like to see this mater closed we are prepaired to waiver all costs to conclude this matter''.

 

 

(incorporated October 2008 valuebright ltd, nature of business recycling of metal waste and scrap)

Feb 5th 09 My car is taken by a.m.r.

Feb 6th 09 I recieve call telling me to get lost (in so many words)

Feb 6th 09 Police log matter as civil

(Mar 23 09 Jobspot ltd is dissolved, nature of business sales of motor vehicles)

April 21st 09 I recieve the letter from boss/manager of A.M.R. saying they were told to take my car/I owe them money etc.

May 19th 09 My claim against 'a.m.r.' is issued.

May 22nd 09 boss/manager of A.M.R. is appointed sole director of a valuebright ltd.

June 8th 09 My claim is returned back into court by a non existent director of a valuebright ltd who claims ''Valuebright LTD trading under the name of Ammanford Metal Recycling. Valuebright was incorporated 1st June 2009'' (not true).

 

Judgement in default was ordered, warrant served (mistakingly? - please see post #14) to 'boss/manager/director' i.e. 'johnsmith' t/a A.M.R. - warrant returned due to local enquiries producing info which claims valuebright ltd trade as A.M.R. (not the boss/manager/director)

 

Defendants judgment to be set aside is ordered.

Case allocated to Small claims track/Hearing.

 

Claimant ~vs~ 'the boss'/'manager'/'now ex-director' (i.e. 'johnsmith' t/a A.M.R.

 

I am trying to amend/add into the Proceedings valuebright ltd as a defendant and also the 'friend' who involved me in the first place. The Hearing for that application is after the weekend, Monday. The actual small claims track Hearing is very soon after.

Edited October 22, 2010 by peugeot306

[slick132]

What was the market value of your car at the time it was taken.

 

They police often say a matter is Civil and not their concern. You have to push them into taking notice and getting them involved whether they like it or not. They should be involved and give you a crime ref no. Then you can tackle the insurers.

 

If you want to tackle the scrap metal outfit in court, you'll have to ascertain the details of what the trading name was, and who were the owners or directors at the time of the theft. Then see what the company set-up is now, so you can hopefully get judgement against the right names. Getting paid after said judgement is another matter.

[peugeot306]

market value of car £1550. the trading name was most certainly Ammanford Metal Recycling (printed on top of reciept i had posted through my letterbox) although they always advertise as Ammanford Metal Recycling LTD in the local press. the company who apparently (according to 'johnsmith', the boss/manager of A.M.R.) traded as A.M.R. was a jobspot ltd dissolved approx 6/7 weeks after my car was collected. however in april 2009 'johnsmith' wrote to me admitting my car was being stored and that they (a.m.r.?) have paid for it (please see my previous post) basically maintaining an unlawful form of ownership/liability, it seems to me.

 

i believe jobspot ltd is used purely as a scapegoat by 'johnsmith' in his defence.

 

valuebright ltd claim to accept no liability for jobspot ltd* (*nature of business sales of motor vehicles) who are now defunct, although in the letter which contains these claims its signed by a fake director who doesnt exist on companies house records related to valuebright ltd. the fake director also claims valuebrightltd was incorporated in june 2009, which isnt true. this letter by the fake director was sent to the court along with my returned claim in june 2009 when infact the only director of valuebright ltd during may/june 2009 onwards was infact only 'john smith' (the boss/manger of A.M.R.).

Edited October 22, 2010 by peugeot306

[biggeorge]

What a complete mess that is.

You must get back onto the police and get this recorded as a theft,Someone took your property without your consent.

That is theft and once you get the police to investigate you will get a crime number which you can pass onto your insurance company.

 

Forget all the crap about the friend arranged this and that at the police station.

Keep it plain and simple, You woke up and your car was gone, someone must have stolen it as you certainly did not give anyone consent to take your car.The police then have to investigate whats happened to your car.

 

 

1: Crime number from police - take no crap off em, demand to speak to an inspector if they still claim its a civil matter.

2: Insurance claim in

3: Buy new car & personal stuff

 

When you get the police to take action they then should be sorting out the scrap merchant (not you) for taking your vehicle without consent and without doing any checking of ownership by the sounds of it.

 

George

[peugeot306]

i wish it was as easy as those steps 1, 2 and 3.

 

i have tried to get police assistant/a crime reference number but all i got was talk to the hand basically..

 

apparently, according to pc72 davies, because there had not been an unlawful attempt to deprive me of my car, it was a genuine mistake, and so the theft and unlawful taking of a motor car had not occured feb 5th 2009.

 

the AM shift on feb 6th 2009 contacted A.M.R. to ascertain how the mistake occurred and ensure that there has not been any 'dishonesty' to the satisfaction of CMU (?) etc.

 

the AM shift spoke with company who confirm they have spoken with me with a view to resolving the matter (i was actually swore at by the boss/manager and told to get the police & courts involved).

 

the police were ''happy'' that this was a genuine mistake and there was no criminal intent at all.

 

reviewed by supervisor & necessary actions completed.

 

DP-20090205-430 has been disposed.

 

 

..there is the Polices only involvment as recorded on the police log.

 

when i recieved a copy of the police log some important details i gave pc72 davies were completely innaccurate and so they were updated/amended accordingly.

Edited October 23, 2010 by peugeot306

[esmerobbo]

I can see why the Police are staying clear as this is very complicated.

 

In simple terms,

 

1, Was the scrap vehicle in the same road as your drive? If it was how far was it away from your vehicle.

 

2, Did your friend give them the registration number of the car. [it would be strange to just say go pick up a 306 from anystreet]

 

3, PC72 Davies an unlawful attempt to deprive? By removing the car without authority and so damaging it making it unusable is I would think depriving you of that vehicle. It would then be up to the CPS or a court to decide if it was theft.

 

4, AMR spoke to PC72 and stated that it was a genuine mistake and they were in the process of making restitution to you. However they basically told you to get lost without any deal being struck.That again deprives you of your vehicle or its worth.

 

5, By admitting to the police they took the car by mistake, then stating that they were dealing with you to settle the matter, and then telling you to get lost again compounds the fact that they took your property, maybe mistakenly and at that point they may not have stolen it. However if you and the police told them it was your vehicle why did they not return it in its proper condition. Or settle with you on its worth. Again you have been deprived of your property.

 

6, I think you are wasting your time in the civil courts unless you can get a judgement on the correct person. AMR will just avoid paying anyway they can. They already have done.

 

I know it has been said but I would insist the police to look at all the facts again. This can not be right, AMR had the chance to put things right they even confirmed that with the police they chose not to. If it was a mistake,then by not dealing with you they have stolen your property

 

I understand how you must feel it seems very unfair and I hope it gets sorted for you, but I would certainly be pushing the Police to act and if they don't write to the CPS and your MP asking them to look at the situation. Also I don't know how feasible it is but you could always look in to a private prosecution.

[green_and_mean]

Agree with the above the taking could have been a mistake if they are incompetant but refusing to return the car or paying you compensation makes it theft in my view. Surely all insurance companies could claim all lost vehicles are not stolen if they use this defence to avoid paying out? Usually they pay out on the loss not on conviction of the perpetrator. You still have the keys, you gave no permission for the cars removal therefore they should pay out. I assume you only have third party, fire or theft?