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Car taken wrongly?

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Hi all,

I had a shock the other day when I can home and found that my car was gone, I phoned the police and they didn't have a record of it being impounded etc, so they sent over some officers to file a report. They came round and I explained the situation and showed them the plae it was parked. I said it may have not had tax as I think It ren out a few days ago.

Do the next day (yesterday) they called me back and said it has been taken to an impound called redcorn in north London, and they want £221 if I get a tax or £381 if I don't. However I have looked at the paperwork and the MOT had run out yesterday, so I can get a tax.

When I showed the police where it was parked they said that it was off round and private property, and also where it was parked there is a height restriction bar which can swing around but was locked in a closed position above my car by the council, they have broken the lock to remove my car. The police officers agreed that they should not have taken the car in this way and they normally clamp the car and allow you to pay the fine without taking it (meaning more money for them) and even in this case it must be on the road.

What can I do? Is there anywhere I can go to complain? I know I will have to pay to remove it as if I leave it the fine will only get higher .

Any help with this would be greatly appreciated .

Thanks

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if its on private property then I'm pretty sure they can't take it

They can only take it if it was on a publick highway, this also includeds pavements. If its on private property they cannot take it which to me is stealing. Breaking and entering aswell with the snapping the lock.

Inform them that you've had advice, and you're going to pay the fine and then sue them for breaking and entering, then wrongfully removing the vehicle (theft) from private land, to recover all costs. And carry it out, as that's what you need to do.

The council mess up, often, and much of the time they get away with it because they intimidate people with their 'big front'. They've had to pay huge amounts out to damage/destruction of some vehicles - here in Milton Keynes they ran a huge campaign and impounded many vehicles in one fell, before being informed it was all illegal because the communal car parks they swept were all off the public highway. They were torn to shreds in the local paper the following week, and tried to play it down as a good thing on principal - but they were soon voted out of power, so..

Speak to a few solicitors who deal with motoring offenses, you shouldn't have too much difficulty finding representation.

  • Author

Thanks for the replies guys,

I have just collected the car and I did mention as above that it was not taken legally and that I will be perusing it in court, but he didn't seem to care, and when I asked to speak to his superior he simply said he is not in.

Also when I went to collect it out of the yard there was scratches all over it including on the wheels. I pointed it all out to them an they noted it all on the receipt and gave me instructions to inform they're insurance, so it looks like I am in dr the long haul with this as I doubt they will be the quickest people to deal with.

I am always reading about the council screwing up, and they never admit they made a mistake.

Would it be any good if I where to go to my local police station? As the officers did say they where in the wrong, maybe they could help?

Again, thanks for the help guys.

I would make sure the police have this recored on file as a crime, as this shall help prove your in the right. Also keep a diary of all the conversations you have had (where and when, even better if you know names etc). As a car enthusiast you have many vain photo's of your car? Find recent ones. Would make perfect before and afters of damage. With all this evidance someone is bound to take your case on as its a quick win for them.

I don't speak from experience, just hopefully make sense :)

  • Author

Thanks for the help, I will be going to the police station later on today hopefully as I haven't had a chance.

I have got a lot of pictures of the car, the road the parking space, the height restriction vbar and lock etc. hopefully they have a record of which officers attended the scene as the one they have me was their superior, hopefully they will be able to give some evidence.

Thanks again for the advice

hope this all gets sorted mate hate it when stuff like this happens and your blatently in the right

and then things that should be done and sorted like people driving with no insurance etc dont get caught

A little off topic but not too far i hope, just to give you an idea of what you will be up against with the council and persuing them for damages and theft which this blatantly is! i had a running with my local authority following some works being carried out 2 yeras ago by there work men in the flat above me, one had caused a water leak into my property causing 2K+ worth of damages, i caught the council work man red handed when i knocked on the flat above the tennat was at work and he had the keys! he even admitted he had caused the leak, but when i persued them to get compensation, i was informed that it was the tennat that had caused the leak (he moved out of the property 4 weeks later due to how bad the damages were and is now untraceable) not there work men and beacause it was a contract worker in the property not directly the council they then said the have 2 witness statements against my one (the firm that had the workman in the flat and the council themselves) how i have no idea when there was only one man there can they say they have 2 witnesses buts thats how these fuckers roll!!!!! bastids the lot of em! any my advice is to record telephone conversations and every meeting you have with them they will lie through there teeth to save themselves a few pennies :( i wish you the best of luck and keep a dictaphone next to your telephone in future, if you can catch them lying there case immediatly falls apart ;)

Do be prepared for them telling you that, even with the car away from public roads, you need to have it taxed or to have declared SORN.

  • 3 weeks later...

Not sure if it will help in this instance, but these guys offer an appeal system if its against one of its registered members if a vehicle was wrongly clamped or towed, which this incident would be classed as. Being the council, it should be on the approved operators list.

BPA

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