Just had my car dragged

[Jay GTi]

My wife has just called me as a neighbour has contacted her to say they just saw builders, who are working on a house across the road, have dragged my car (parked on the road outside my flat) down the road to make way for a lorry to gain access.

I'm still at work, so can't go home to check if the car has been damaged in any way, but I would assume this is completely illegal for them to do this, but I'm not sure what to do next. She doesn't want to confront the builders, as they have been agrressive to another neighbour already over a different issue, and I'm not going to get home in time to talk to them.

Any ideas? The Police going to be interested?

[7db]

Not sure what the offence is, if no damage caused. Perhaps TWOC?

[Jay GTi]

Yeah, my wife has just called the Police, TWOC is indeed the offence.

I have to go home, assess the damage and report the offence... but if I do I will most likely get a brick through the windscreen sometime in the near future...

[Balmoral Green]

Not good, potential for damage to tyres, handbrake and gearbox (if in gear). Not to mention they could easily have scratched or dented something doing such a thing.

It goes without saying make sure you get full details if you need to persue a claim, especially witness statements.

I would be livid if someone dragged my car, only I am allowed to do that, at the lights

[Jay GTi]

I've got witnesses happy to make statements already, so that should be fine. Trouble is, it's my shed 205 GTi track-day car, so if it has been scratched I'm not sure I'd be able to tell.

I will check for gearbox, suspension and tyre damage though.

[IaHa]

TWOC
Section 12(1) of theft act 1968
Subject to sub-sections 12(5) and 12(6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

POINTS TO PROVE
i) date and location
ii) without the consent
iii) of the owner/other lawful authority
iv) took a conveyance
v) for your own/another's use

There may well be a 'taking' but if 'use' by himself or another cannot be established then the offence is not complete.

I think that use in it's most tenuous sense could be argued, but I'd suggest it may be considered insufficient to complete the offence of TWOC (could be wrong).

I believe the more appropriate offence may be criminal damage, if damage has occurred because of this action.

Failing that, Section 25 of the Road Traffic Act 1988 creates the offence of persons tampering with motor vehicles whilst on a road or on a parking place provided by a local authority.
It states:-
25(1) If while a motor vehicle is on a road or on a parking place provided by a local authority, a person
(a) gets onto the vehicle, or
(b) tampers with the brake or other part of its mechanism
without lawful authority or reasonable cause he is guilty of an offence.

So, a few options there to work with, but TWOC may just be a bit tenuous.






>> Edited by IaHa on Friday 30th September 15:35

[Jay GTi]

Thanks very much IaHa, I'll print that out and use it as reference when I report it.

[pdV6]

Seen roadworkers do this once when somebody had ignored the "no parking on dd/mm/yy" sign that had been up for a week before the road was resurfaced.

Basically they wedged a shovel under each tyre and just dragged it out of the way. Can't imagine any damage was done other than possibly a slight scratch on the tyres.

Hopefully yours is ok.

[7db]

Assume no offence is undertaken by the tow-trucks when they tow -- unless they have an exemption in law, perhaps?

Wonder what happens if you move a car, making no damage, into a spot where it is then illegally parked...

[esselte]

7db said:

Assume no offence is undertaken by the tow-trucks when they tow -- unless they have an exemption in law, perhaps? Wonder what happens if you move a car, making no damage, into a spot where it is then illegally parked...

Didn't Chris Eubanks get taken to court recently for moving a brewery truck out of the way?

[Jay GTi]

Well that was interesting...

Left work early so I could confront the builders. Walked up to the car and one immediately came out and asked if there was a problem. I said the car had been moved, to which he replied he didn't know anything about it. Told him I had neighbour witnesses that saw it being dragged, he told me I should go see them then, he knew nothing about it (oh really? Why approach me then?). I said I would and then I'd call the Police.

Went into my flat, grabbed my keys and went back outside to get in and do a check for gearbox, suspension etc. damage. Was met by 1/2 a dozen very sheepish builders who apologised profusely, saying they were carefull not to damage it and had used the towing eye etc. and were really sorry, they had to move it. I told them I'd take it round the block to check for damage, which I did and there isn't anything obvious wrong with it.

So I'll let them off, if I call the Police they will most like not be able to do anything (according to IaHa's excellent advice) and I'll just end up with some mysterious damage later. They know they are being watched and they know I'll call the Cops on them if they try anything like that again. Not ideal, but that's life...

[Richard C]

Know how you feel Jay but to be fair if there was no damage to the car and the builders did the right thing and owned up and apologised and you have accepted that - it would seem a reasonable end to the matter.

Taking the matter further err just might not be in anyone's interest.

And alos to be fair, the builders might have been on a tight schedule and the car might have been a problem ?

[7db]

I think that's a result...

[Rob_the_Sparky]

Best possible result from the sounds of it

[parrot of doom]

Get them to do a bit of repointing on your house and Bob's your uncle.

[Plotloss]

Yep, result.

They owe you a favour too, strictly speaking, which could be handy.

[JoolzB]

Apart from the initial agression it sounds like they were fair, after all they had a job to do that they couldn't with your car there, you'd prob be grateful if they moved your neighbours car if it stopped work on your house. In IaHa's post he says that a car cannot be moved if there's no "reasonable cause" which I guess they could argue there was but I reckon they'd still be liable for any damage.

I'd be equally annoyed as you but as there's no damage and they're likely to take great care of your motor from now on I reckon you've done the right thing.

[IaHa]

Jay GTi said:

Stuff, then... So I'll let them off,

Correct result - well done mate!

[Jay GTi]

Had I not mentioned the witnesses and Police they definitely wouldn't have owned up, but once I did they 'fessed up and to be honest, as there was no damage, that's all I needed.

In future I'll park away from the entrance and yes I'm sure they know they owe me one.

Sorted.

[monkeyhanger]

I'd be tempted to get the car checked over and bill them for it, just to prove a point