United Utilities - How Dare they

[j4the96]

Hi all

 

Not really posted on here that much, but find this an excellent forum and would first like to say thank you to all the people that contribute on here to make it what it is. (ok, arse licking over)

 

Here's the prob :

 

Was away from home for a week and returned yesterday. As i turned into the road, noticed that alot of excavation work was being carried out. As i drove up to my house, i noticed that a massive hole had been dug outside my house aswell as several other holes outside other houses.

 

I then noticed, that my car which i hadn't used for a week, had been moved to a few houses down. One of my neighbours came out and told me that workmen from United Utillites (waterboard) had moved/dragged my car from outside my house with a tractor, so they could dig the hole.

 

I immediately phoned UU and spoke to a manager (cant remember her name) she admitted that it was against the law for anyonne to touch your car except for the police. I said the car is damaged (isn't really ) and i want it sorting. She said of course, (sounded a bit guilty) i will send you a claim form and further investigate this matter.

 

Would I be in my rights to demmand a full MOT, Full Service and all repairs paid for ?

 

The car is quite old, probably why they thought they would just move it (VW Polo G reg)

 

Any help would be gretaly appreciated.

 

Thanks

[Jimbo44]

Hi

 

Reading your post I do have grave misgivings about claiming for "....a full MOT, Full Service and all repairs paid for". To me this smacks of a fraudulent claim (with the possible criminal repercussions too) as you previously suggest the car is not actually damaged.

 

To my mind the only recompense you're entitled to is for any damage actually caused by the utility company when they entered your premises (if they did, see below) and removed your car.

 

Assuming your car was parked on your property and not on the road outside, maybe a better course of action would be to inform the police that your premises had been entered (don't forget to get a Crime Number from them) and then, whether they take action or not, to sue the utility company for trespass.

[nathal]

dragging a car may have done untold damage.

 

i was thinking mot,service and repairs was abit excessive but it would be the only way to be sure, try getting them to pay for a mot test, if it fails, they should repair.

also the car would have been towed/dragged under authorization of someone senior or foreman.

[chesham]

This would border on a crime - the offence of TWOC (taking without consent) is not relevant as the car was not 'taken' in the sense that damage was caused in order to gain control of the vehicle. However, as said above, if damage was caused then it could be construed as criminal damage.

 

When in the police force, we had many cases of obstruction where someone parked a car over a driveway. The car could be pushed or towed, as the obstructed owner was legally entitled to do this, or to have it towed away altogether, however if any damage was caused then bang- you have a crime. There could be damage you can't see, as mentioned above but it would probably hang on whether they had a legal reason for moving your vehicle - i.e. to gain access for emergency repairs or some other dire situation - not simply because it's where they had to work!

 

I agree with Jimbo, in that depending on where the car was dictates your case. If on private property, then they wouldn't have committed theft but you could bring a civil case of trespass against them - although, again it depends on the evidence and the circumstances.

 

Tricky area of law, but I do believe you would have a civil case and would be awared some form of damages!

[itsamomentintime]

chesham, of course the car was taken without consent

 

i would sue, but i dont know what sort of damages a person could claim

[cheddar]

I said the car is damaged (isn't really )

 

I'm not sure what your rights are but I certainly don't suggest lying about it. Although I do suggest getting the car checked over in case there is damage you're not aware of.

 

The only case I know of where this happened was when I worked for a gas pipeline company and we had to move a car to do an emergency job but car was moved under supervision of the police and small damages were paid for.

 

This didn't sound like an emergency so just get the car checked over and take it from there. Maybe someone else can advise on the legalities and what if anything you may be entitled to.

[chesham]

No, the car wasn't taken without consent - the action of 'taking' would be if someone caused damage and / or entered the car - merely pushing/towing does not class it as being taken without consent so that wouldn't stand up.

 

Your claim for damages would be a) damages awarded to you under the tort of trespass (unliquidated damages, decided by the court) and b) any damage to the vehicle (liquidated damages, for which you would need to provide evidence as to the cost).

[patdavies]

No, the car wasn't taken without consent - the action of 'taking' would be if someone caused damage and entered the car - merely pushing/towing does not class it as being taken without consent so that wouldn't stand up.

 

There is absolutely no need to cause damage to enter the car.

 

If I leave my keys in the car and somebody drives it off, it is still TWOC.

[ozzywizard]

Your not a mechanic (correct me if I am wrong) so you are not qualified to say there is no damage, dragging a car like that can cause damage to the axles, cv joints and loads of other mechanical workings. I think to claim for an MOT is fair to check the car is still road worthy. Service does not cover any damage so I would leave that out. But if the fail on the MOT is a cause of the actions then it is more than fair to claim for that.

[chesham]

edit my above post to say "caused damage and / or entered the car"

 

My apologies for the mistake - there is no need to cause damage to a car to take it without the owners consent.