ex business partner charging parking plus other issues

[zenon567]

hi there not sure if this is the right place buthere we go

 

five months ago i went into a buisness merge/partnership with a friend who is in the same line of business who was struggling financialy because i thought extra pair of hands would mean less hours for me.

 

i left the partnership 2 weeks ago as he was hardly doing any work and i was working more than 80+ hours a week. i had agreed for a fixed income untill his debts were up to date at which point the profits would be 50/50 but he was not paying off his debts and just chilling leaving me to do all the work.

 

i had a complete setup but he hardly had anything i even injected money into the business for stock but as i was seeing more of my hard earned money eaten by him i told hime i dont want to work with him and that i would just take all my stuff and set up shop back where i originaly had my business.

 

when i went to pick up my things he told me that we need to sit own and do paperwork profit/loss before we do anything else so i had to wait so he can work it all out so i went home so i went home only to recieve a phone call from him threatning me, me being a nice guy decided instead of the police to get friends and family of our involved to sort this situation out and in return i just recived a invoice for my car at his place which i was not able to pick up because 1 he had it blocked in the yard 2 he threatend me so i did not go back just waiting for our friends to get a solution

 

but now he has sent me an invoice plus all my stuff are at his place and the thing is we did not have a written agreement and the thing is i dont know what to do to get all my stuff back

[armadillo71]

Who is the PPC?

And what is the reason for the parking charge notice ?

 

In fact it will be best if you could post up a redacted copy of the charge notice and if possible a picture of the signage.

[zenon567]

basicaly it was a auto shop ihave all my kit plus recovery truck and cars still there as there was no written agreement since the date i moved there he sent me a invoice for storage fees on the vehicles from the time i moved in with all my gear but i still kept my old place as we couldnt move everything at once so i told him i did not want to carry on working together no more and was going to move back with my stuff. so when i went the next tday to move he said we will figure everything out and then i can move my thing so i went home planning on cominng back later i recived a call from hime threatening me so i did not go back i got our friends involved to amicably sort this out and then i get this bill which is invoiced since the day i started as his partner but my stuff is still all there

Edited February 5, 2016 by zenon567

[zenon567]

also on the invoice it states after 14 days court action or crush vehicle

[armadillo71]

Well I suggest you ask the site team to move this thread to the relevant board as this has nothing to do with private parking.

 

And maybe get professional advice.

[ericsbrother]

There was no agreement beforehand so if vehicles registered in your name just make a complaint to the police of threatening behaviour and theft. You could try explaining whast has gone on and say that there will be a breach of the peace if you go back on your own to recover your property and could someone attend to prevent this? If they dont agree to help then you will have to preempt the taking of your stuff and get an injunction slapped on him . This will cost unless you are good at writing up legal docs as you would need an emergency one. Speak to a lawyer and see how much they charge. the costs are recoverable.

[zenon567]

thank you

[BankFodder]

What is the effect on you if you don't have access to all of this equipment and the vehicles?

 

Also., how much does he want from you?

[zenon567]

the effect is that icant do most mechanical work as therir were some special tool and also tyre changer thing of that nature ive opend my old place but i have to turn work away as i do not have the equipment and for the vehicle i was with him for 5 month and he want £25 a day charge on each vehicle so ball park 10000+

[BankFodder]

It sounds as if you are dealing with a very dangerous and unpleasant character.

 

I think that the first thing you need to do is to compile an inventory of everything that is there.

 

If you can't get access to the property then you need to do it to the best of your ability from memory – vehicles equipment everything. Make sure that you make a note of their condition as well. You never know what my accidentally go missing or accidentally get damaged.

 

If you can get access to the property then go round there without getting into any argument and make a list of everything and also take photos if you possibly can. If you are able to get access to the property without the guy there then do it then. Maybe you can get some pictures of the vehicles over the weekend.

 

You will definitely need an inventory of everything.

 

After that, you can try going to the police. Be prepared for the police to say that is simply a civil matter and you have to sort it out yourself. However, you should try and convince the police that this guy is demanding money from you with threats to damage your property. You may have to be quite insistent to the police and you should tell them that you want to go and get your property but you are frightened of the guy because he may hurt you.

 

Try to get the police to take a crime report and asked them to accompany you when you go round to get your property. If you are able to go there with some help from the police then make sure that you have your inventory and everything is ticked off as you take it and if there is anything missing then flag it up to the police. It is important to go around there with a list because with all of the tension and the stress of the moment, you may miss something and only later on realise that you didn't see it. Having a proper list prepared in advance will help to protect you from this

 

If you are not able to get your goods back with the help of the police then I'm afraid that you will probably need to start a court action. You would bring a claim in the County Court for the tort of conversion which is basically saying that this guy has taken your property and is treating it as his own. You will be looking for an order to get it back.

 

Unless you're really not confident or you don't have the time then you can do it yourself because a lawyer will charge you quite a lot of money and also a lawyer will start wanting to far off letters and to use up time rather than hitting it while it's hot.

 

I suggest for the moment that you make your inventory, and then try to get the police involved and if that fails then come back here and will advise you about the court process.

 

the inventory is very important because you will need that whether you involve the police or whether you start a court action – even if you instruct a lawyer.

[ericsbrother]

anything in writing from him regarding his threats to sell or scrap your stuff? that will be his undoing.

[honeybee13]

Hello there.

 

I've moved your thread to the self employment forum for further advice and will leave you a link to follow from the parking forum.

 

HB

[zenon567]

hi i would like to make a couty court application as quickly as possible and would like help filling the application as i cant wait for solictor to help as i want to strike while the iron is hot

[topcat1802]

You have some legislation on your side

 

1. Late Payments of Commercial Debts (Interest) Act 1998.
   
2. Late Payment of Commercial Debts Regulations 2002.
   
3. Late Payment of Commercial Debts Regulations 2013.
   

Worthwhile taking a look at the details, as you can claim interest, etc

[dawningx]

Well, you have wrongly choose with whom you start a business. I agree with BankFodder. You should involve the police in this matter.