112 replies to this topic

[Black.Ghost]

Well I need to read the T&C first and get photos. If my gf's friend has told me I can park there and I can't, there isnt too much I can do.

It's all doing my head in now. Im glad it's been located and all but Jesus its doing my head in now.

[Carlos W]

Where is the car now?

[megamini_jb]

I thought an emo kid had been stolen!!!!

Glad it wasn't your mini stolen though. Looks nice, love yellow minis.

[Tanya]

Great news that it's back, but from my understanding that wouldn't constitute theft (there needs to be a permanent intention to deprive the person of their property) and I think it would be dubious if it would constitute TWOC either as I think that the vehicle needs to be used to carry one or more people. However, I would be very annoyed if I was in your position.

[Black.Ghost]

Basically a company in Poole has taken the car, at the request of the agency. Apparently there is a sign saying clamping is in force and I needed a permit. My gf's friend claims they were given permission to park a car there.

I genuinely didn't see any signs. I would have asked about them if I had. Unless the agency have breached the T&C of the contract, it looks like I'll need to pay 300 to get the car released and another 50 to have it delivered.

The problem I now have is that the auction ends tomorrow. I need it back and don't have the money for the release until it sells and I get paid!!

I also know that if I put this info on the eBay ad it will reduce the winning bid significantly. So I want to try and sort it and get it back by the time the auction ends.

I might put up that collection is needed from Poole instead.

What a mess around.

[holmesy]

is the company for real or is it one of those scams?

[Black.Ghost]

I have no idea. They did register it with the police.

[SamMayfair1996]

I think the clampers are allowed to clamp it in those zones but unless you havent contacted them within the stated time frame (atleast a few days incase you are away on holiday or summin) then they aren't allowed to remove the vehicle (unless police removed it, then they can do that.)

I'd read the clamping companies T & C's as I've been clamped before and if I remember rightly they have to leave written warning on the car stating its been clamped and if you dont ring up within a certain time they will move it.

[CMXCVIII]

I'm so angry. I really needed the money ... and that was the lesser of the evils in terms of selling. Something else has to give now. ... And my bike is great and I don't want to sell. I might have some kidneys, brains and other organs to sell once I catch the scumbags >_

As I read down the thread, I thought that was a great post!

... now I've read the whole thread and what a nuisance! Your first idea of getting hold of some kidneys, brains and other organs still sounds appealing!!

[Black.Ghost]

Ah, an update to this!

Well after repeated attempts to negotiate with the scum bag, in the end, I said fine, scrap the car (calling his bluff).

I had a letter through from the DVLA claiming that someone is trying to re-register the vehicle. I am awaiting the full details by email (my mum is typing out the letter as I am not at home). I have been to the police and they inform it is a civil matter, not criminal, which is a nuisance.

So where do people think I stand now? I said keep the car, on the understanding it was to be scrapped (don't hate me!) but now that they are either re-registering it themselves/sold it to someone else, to me that is theft. The law reference clamping etc changed in October so that these companies could no longer just take the car without giving you adequate time to remove it yourself, but this will not apply to me because it happened before this.

I am going to speak to the DVLA, and inform them to hold off on registering it until I have got some legal advice (fortunately free in the army).

The good news is the mini wasn't scrapped, but the bad news is, to me, it was effectively stolen. I checked ebay every now and then but nothing ever cropped up. I think they have waited several months as they think I am less likely to care. Well, they are wrong on that one. I fully intend to try and get it back.

I really want to find the guy who took it and get the damn thing back, but Im also fully aware that any contact with him will jeopardise any civil case as well. Infuriating.

[Ethel]

Afraid they are most likely within their rights, you are entitled to dispose of abandoned property to recover your costs. Though, if there's a profit the owner is entitled to it. Your best argument would be that that they took it illegally.

Putting in the T&C's of the lease is no justification - you're not going to be aware of those if you're not the tenant, nor is there any agreement between you and the landlord that allows him to tow your car away. It also sounds like the landlord made no effort to establish there was any connection between the car and his tenant if you weren't aware it'd been towed.

It was a mistake telling them to scrap the car though.

They might be doing you a favour if they sell it; you were going to anyway and you can then sue them for the money.

[Black.Ghost]

Well I have spoken to the DVLA and they dont get in to disputes reference the legal owners of a car. So as I am not in possession of the car, there is nothing I can do to prevent the DVLA from using a new registered keeper V5 to the individual claiming the car. They were able to tell me very little but did say that it was an individual making the claim, which indicates to me that the car has indeed been sold on.

As you would expect, they were unable to provide any contact details and would not pass my details on to the new keeper either.

With regards to the company having the right to sell it on to recover their costs, it boils down to nothing more than theft in my eyes by an absolute scum bag company. I need to do some digging now to find the name of the company. They will simply say that the costs of storage were X and that is going to be more than the cost of the car without a doubt.

So what I can see it coming down to is whether or not they took the car of their own accord, or whether it was in fact the owners of the land who requested it. Unfortunately it was taken at a time when the law was different and they apparently didnt need to give such notice. Absolute scum bags. I will talk to the lawyers and see where I stand, but I'm not holding my breath. Thankfully the law has been changed to prevent these scum bags doing this in the future.

Can I please make a request. If the owner is anyone on here, I'm not angry with you, could you please get in touch so that we can possibly discuss me at least getting back the white wheels (which are part of a set, and I have the other 2) and other personal effects within the car.

[Badboytunes]

Name the company........... Also, do you have the spare key?

[M J W J]

I thought it was possible to get the contact details of a car's registered keeper for a small fee. If I were you I would cough up said fee and contact the potential buyer explaining to them that they have potentially bought (or about to) a stolen car.

I am sure that the new buyer would be back in touch with the person who they bought the car off, wanting their money back. I know I would. If they haven't completed the transaction then they maybe able to pull out preventing them from loosing their money and leaving the towing company with your car.

It would at least stop someone else from potentially loosing out and also prevent the people who took your car making any money even if you don't get the car back.

[Jordie]

storage costs for afew months will surely be more than the value of the car. £15 a day storage i think rings a bell.