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HELP! Car towed from outside my own flat.


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We have a management company that runs the site so do I jointly sue them with TGS or the landowner? It'll cost me money to find out who the landowner is according to the freehold company for all I know it could be Joe Bloggs. He then employs a management company to look after the land for him. So do I need to find out who Mr Bloggs is or will the management company hold equal responsibility in the eyes of the law? They, after all, supposedly hold a contract with TGS (which no one has ever seen).

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You sue the management agent, AND TGS as they inherited the mess from Scanlans, The MA is jointly and severally liable for the actions of their Agent TGS, and as the penalties are unenforceable you sue both,. You are more likely to get your money back off the managing agent however, I would also involve your MP and the press.

We could do with some help from you.

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I have emailed my local MP who is a keen campaigner against PPCs and is he is already aware of the goings on around our site. I have also contacted the Manchester Evening News to see if they are interested in running a story.

 

Thanks for the advice so far, just working on the LBA!

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I think you should sue TGS, TheManagement company and more importantly, also the landlord as the LL would have appointed the management company!

 

This is what I thought too but it'll cost £150 to find out from the freehold management company who the landlord is!! Is it safe to assume the management company acts on behalf of the landlord and therefore shares equal responsibility?

 

Just been to get quotes for damage to my car during the unlawful towing incident - £256.54!

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I would keep it to the management company and the towing company.

 

The management company were the ones who instructed them to operate on your car park. They may argue that they didn't instruct the towing company to act in that manner. But they are responsible for how they acted whatever they did.

 

Name the towing company as well but don't hold your breath for them paying out

:???: what me. never heard of you never had a debt with you.
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I would keep it to the management company and the towing company.

 

The management company were the ones who instructed them to operate on your car park. They may argue that they didn't instruct the towing company to act in that manner. But they are responsible for how they acted whatever they did.

 

Name the towing company as well but don't hold your breath for them paying out

 

Don't see why. They appear to have acted illegally.

 

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I would keep it to the management company and the towing company.

 

The management company were the ones who instructed them to operate on your car park. They may argue that they didn't instruct the towing company to act in that manner. But they are responsible for how they acted whatever they did.

 

Name the towing company as well but don't hold your breath for them paying out

 

New management company so OP should go for all three otherwise they will start playing ring a rosies!

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If the police did their job properly, it would be dealt with in a magistrates court.

 

They would if it was one of their cars clamped at the complex on a shout but if it's a residents car illegally towed then it's civil

We could do with some help from you.

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They would if it was one of their cars clamped at the complex on a shout but if it's a residents car illegally towed then it's civil

 

Sorry I don't agree. According to the OP, the car was removed because the he failed to pay the 'parking charge notices' issued by the PPC. As far as I am aware this is illegal without a court order. Also there is the matter or 'taking a motor vehicle without the owner's consent'. If the PPC do not have the authority to remove the car against what is basically a debt, then surely they commit an offence by doing so. However, if it does turn out to be a 'civil matter' (of which I am not convinced), then whats to stop any Tom, Dick or Harry turning up with a flat bed and removing anyone's car from private property?

 

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Sorry I don't agree. According to the OP, the car was removed because the he failed to pay the 'parking charge notices' issued by the PPC. As far as I am aware this is illegal without a court order. Also there is the matter or 'taking a motor vehicle without the owner's consent'. If the PPC do not have the authority to remove the car against what is basically a debt, then surely they commit an offence by doing so. However, if it does turn out to be a 'civil matter' (of which I am not convinced), then whats to stop any Tom, Dick or Harry turning up with a flat bed and removing anyone's car from private property?

 

Sorry SS I was being facetious, I agree that I consider the taking away of OP's car was tantamount to theft, as there doesn't appear to be any consent or written agreement in place for TCS to operate there, so Original MA, new MA, and TCS joint defendants in a claim for restitution and costs for damage to vehicle, during the illegal removal.

 

I was merely indicating the double standards operated by police, in that they will regard the towing of OP car as civil, as there is a misplaced sense that PPS's bailiffs and others are somehow "On The Same Side" as they are. They probably think that there would be too much paperwork with little chance of a conviction.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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No worries BN... personally I would be speaking to a seior office indicating that I will refer the matter to my MP is the police refuse to investigate.

 

i think i would be going along your lines.

 

if you told the police you owe me £200 and towed their car away would it still be a civil matter

:???: what me. never heard of you never had a debt with you.
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i think i would be going along your lines.

 

if you told the police you owe me £200 and towed their car away would it still be a civil matter

 

 

Somehow i don't think so as Shoal have found out:-)

There is merit in SS's contacting MP and press also

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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My local MP is fully aware of what has gone on with these cowboys. He's a fierce campaigner against what he knows is an illegal, immoral, unregulated, criminal activity. This is the second time I have written about the parking - and my next letter will be referring to police apathy!

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  • 1 month later...

Quick update for you:

 

LBA sent to PPC and site management company asking for settlement for all costs associated with the unlawful towing of my vehicle plus damage done to it during the process. Neither party replied so court proceedings about to commence against them. My solicitor says we have a very good case given the evidence presented so keeping my fingers crossed. I can't remember if I have mentioned this already, but in a phone call to the management company shortly after the event they disclosed that there is no known written contract in place with TGS Parking! Amazing.

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Make sure that you claim interest on your money when making the small claims application. You can claim from the date the debt originated (date you paid to have you car released)

 

Have charged interest at 8%. Shame my car is taking so long to fix, it must be ramping up the cost now!

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