Jump to content


Private Car Park: Vehicle removed and advised its been disposed of **Resolved - payment collected by HCEO**


Please note that this topic has not had any new posts for the last 2221 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

 

Could some one shed some light to this issue I am having.

 

Vehicle broke down, and

 

I end up leaving it at the private car park (offices etc).

 

Was hoping to pick it up next day, and

did not report to the car park/offices security etc... (OK my fault here).

 

But

 

16 days later

 

I came to pick it up and was told that it was "disposed of".

 

No further details or information given.

 

Police and insurance would not deal since it was on private land.

 

Can they even do that?

 

is that lawful action?

 

If so, could anyone point me to some sort of regulation that they need to comply with

when they impounded/dispose the vehicles etc?

 

Thank you,

Link to post
Share on other sites

I would report the vehicle as stolen

It was not there's to dispose off

 

It would of been a civil matter of you leaving your car on private land

it is now a criminal matter

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

Link to post
Share on other sites

A person can lawfully have the vehicle removed but it is not theirs to dispose of

( they can do so but only after suitable notice).

 

Report as stolen as said,

 

they have permanently deprived you of your property, which is theft.

 

If the police wont take you seriously,

 

tell the desk officer (most cases a civvy) that you wish to make a complaint

about them of misconduct by failing to record or investigate a crime

and would like to speak to the station senior,

who is usually an Inspector or above.

 

If they still refuse then you have to go to either your newfangled police commissioner or the IPCC.

 

It shouldnt go that far but take no for an answer.

Link to post
Share on other sites

It could depend it was considered that the person dishonestly deprived the owner of it - s.2 (1)(a), Theft Act 1968 may apply.

Link to post
Share on other sites

Hi All,

 

Thank you very much.

 

Spoke to Insurer, and they are now dealing with it as a theft I am told. Will post updates when I have them.

 

Would still be good to see what are the regulations and timeframes for the company (office car park) to follow should they done it properly:

a) contact DVNLa to get owner details.

b) notify ownder

etc.

 

Thank you,

dashy

Link to post
Share on other sites
how would you honestly deprive someone of their property when the procedures havent been followed?

 

 

 

if he appropriates the property in the belief that he has in law the right to deprive the other of it - s.2 (1)(a) Theft Act 1968.

Link to post
Share on other sites
Hi All,

 

Thank you very much.

 

Spoke to Insurer, and they are now dealing with it as a theft I am told. Will post updates when I have them.

 

Would still be good to see what are the regulations and timeframes for the company (office car park) to follow should they done it properly:

a) contact DVNLa to get owner details.

b) notify ownder

etc.

 

Thank you,

dashy

 

This is a prime example of the DVLA (Reasonable Cause).

 

The Company had reasonable cause to contact the DVLA and pay the £2.50 fee to obtain Registered Keeper details. (They should have done so).

 

They could then have contacted the registered keeper.

 

Had the vehicle been causing some obstruction affecting their business they would be entitled to move it to a place of safe storage and claim the costs incurred.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

Why did you leave the vehicle for 16 days before returning to it?

 

Landowner could claim they left a note on it, and assumed it was abandoned. The company that removed it should have checked before disposal, therefore they are responsible not the landowner....? Landowner wouldn't get issued Ownership info by DVLA - don't you have to be officially registered with DVLA to obtain such info?

Link to post
Share on other sites
Why did you leave the vehicle for 16 days before returning to it?

 

Landowner could claim they left a note on it, and assumed it was abandoned. The company that removed it should have checked before disposal, therefore they are responsible not the landowner....? Landowner wouldn't get issued Ownership info by DVLA - don't you have to be officially registered with DVLA to obtain such info?

 

You have to be registered to get information electronically.

 

Anybody can complete a form and enclose the fee of £2.50 and request registered keeper details as long as they have good reason to do so. A vehicle being on your land without permission is a good reason.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/197528/Release_of_information_from_DVLA.pdf

Edited by dw190
Addition

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

Hi,

 

update: (looks like I am now on myown)

Insurer wanted Criminal Ref number, I went to police – who did not register it as a crime. So I have no criminal reference number.

 

Police (senior) officer advised that they are treating it as a “honest deprivation of property” rather then “dishonest” – therefore it is a civil matter.

Insurer has now closed my claim.

 

My request to provide me with the details of who/how/when disposed my vehicle and if reasonable (what steps) were made by the company to establish the owner were left unanswered.

 

Please advise me what are my options?

 

Thank you,

Link to post
Share on other sites

write a letter to the superintendent maybe?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Thanks.

 

What should I write him/her? Somehow I feel that he/she will not spend much time with the definition of "theft" term within the legal framework.

 

I guess what I need to ask is - where can i find what procedures the company MUST follow when disposing the car which is considered to be dumped on their private car park (private land?)

 

They seem to be ignoring my email request to provide me with the who/when/how was my car disposed of, or any other details related.

 

Is there ANY way I can try and "make" them to reply me, at least... when I have that info I can take it up with the "disposal company" and try my chances...

 

 

 

On a bigger picture – all this appears to me that:

 

Once you “make mistake” and leave something on the private land that the landlord considers it to be dumped – they can dispose it without any consequences… AND without providing any details to the owner.

 

Surely there should be SOMETHING they need to do/follow – otherwise what stops me from “disposing” your car when you park it up on my private parking lot?

 

Thanks

Link to post
Share on other sites

You can start by writing to your new police commissioner

and ask them to investigate as to what strength of evidence is required for a senior police officer

to decide when a crime is reported not to consider it a crime as clearly you have been permanently deprived of your property.

 

 

There will be thresholds that need to be crossed oneway or another and hopefully you will get a reconsideration

when you have explained that no attempt was made to find the keeper of the vehicle

(you can show this by asking the DVLA who has done a search)

and thus the decision of "honest deprivation" is flawed.

 

 

You can still sue the company for not taking those reasonable steps

and you can go after your insurer if you are fully comp for the loss

but that will mean a long battle.

 

 

What is the vehicle worth?

 

 

What costs were incurred by the company in disposing of your vehicle and how did they do so.

 

 

the company dont want to answer those questions because when they do it will give you more ammunition to go after them.

 

 

If you go for a civil claim as a small claims procedure you will undoubtedly get the answers

but IF they did slap a notice on the vehicle more than 14 days before disposal

you will have a very hard time arguing that they were wrong

other than to spend money and time getting your details from the DVLA.

Link to post
Share on other sites

If the person who removed the car did so in the belief that he had in law the right to remove it, (car abandoned on their private land), it is not theft - it is a civil matter, which is what the OP was told by the police.

Link to post
Share on other sites

But why on earth leave it somewhere for 16 days?

 

 

It's an awfully long time.

 

 

If I found a car left / apparently dumped on my property with no note on it or anything for 16 days I'd certainly get it out of my way...

Link to post
Share on other sites

Isn't it an offence under the Protection of Freedoms Act 2012 to

remove a vehicle from private land without lawful authority ?

 

http://www.legislation.gov.uk/ukpga/2012/9/section/54/enacted

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites
Isn't it an offence under the Protection of Freedoms Act 2012 to

remove a vehicle from private land without lawful authority ?

 

Only if it is 'intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it'. s.54(1)

Link to post
Share on other sites

Thus the owner Raykay, or the Lawful Authority...

 

The land owner is neither..... On sight of the vehicle, the land owner had a legal duty to identify the

vehicle owner and/or begin other legal removal steps....

 

The landowner is NOT entitled to remove the vehicle, let alone DISPOSE of it...!!!

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites

The landowner (or the person who removed it) would not have had the intent to prevent or inhibit the removal of the vehicle, so the Protection of Freedoms Act would not apply.

Link to post
Share on other sites
There will be thresholds that need to be crossed on way or another and hopefully you will get a reconsideration when you have explained that no attempt was made to find the keeper of the vehicle (you can show this by asking the DVLA who has done a search) and thus the decision of "honest deprivation" is flawed.

 

Thanks for the pointers. I am trying to find out how can I request the info from the DVLA about any searches, it appears you cant do that? or I am looking at the wrong document.

This is the main DVLA document about information requests etc...

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207533/MIS546.pdf

 

I do not see anything pointing to where/how you can request search stats from them.

Ideas?

Link to post
Share on other sites
Thanks for the pointers. I am trying to find out how can I request the info from the DVLA about any searches, it appears you cant do that? or I am looking at the wrong document.

This is the main DVLA document about information requests etc...

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207533/MIS546.pdf

 

I do not see anything pointing to where/how you can request search stats from them.

Ideas?

 

You are asking for information relating to yourself. ie. Has any requests for information from their records been made in the last xxx months that would lead to them providing (processing) your personal data. You make the request under section 7 of the Data Protection Act

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

Try here:

 

h**ps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/197528/Release_of_information_from_DVLA.pdf

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...