£288 to get car out of pound
Discussion
Advice please...
Sarah Parks in Muswell Hill Odeon and goes to watch a movie, she does not P&D as the system was a token based when she was last there.
Comes out and no car it is in the pound.
Fair enough she made a mistake and expects to pay the usual pound fees ~£150.
Signage displays
£130 +35 day clamping fee
£145 +35 day tow away towing fee
Calls them up and they say £288 to get the car out, must come Sunday pre 10:30 as they close early.
Chap there let her off the VAT with some tears and snotters turned on.
He told her not to bother appealing as they can go to CCTV see she was there for 2 hours and then charge her the full whack of £423.
Anyone got any advice they can offer from past experience ?
CC SELOC
Sarah Parks in Muswell Hill Odeon and goes to watch a movie, she does not P&D as the system was a token based when she was last there.
Comes out and no car it is in the pound.
Fair enough she made a mistake and expects to pay the usual pound fees ~£150.
Signage displays
£130 +35 day clamping fee
£145 +35 day tow away towing fee
Calls them up and they say £288 to get the car out, must come Sunday pre 10:30 as they close early.
Chap there let her off the VAT with some tears and snotters turned on.
He told her not to bother appealing as they can go to CCTV see she was there for 2 hours and then charge her the full whack of £423.
Anyone got any advice they can offer from past experience ?
CC SELOC
nonegreen said:
Just reposess your car by force. These people have no legal right to take it and you have every right to use reasonalble force to take it back again. Then sue them for damages.
You serious?
Im not being sarcastic or anything. Im genuinely interested. I wonder in this wonderful society of ours if it is allowed to smash the gates of the pound down and "collect" ones car and then sue for the privledge. I know some people that might try that for a larf...
gh0st said:
Just reposess your car by force. These people have no legal right to take it and you have every right to use reasonalble force to take it back again. Then sue them for damages.
You serious?
Im not being sarcastic or anything. Im genuinely interested. I wonder in this wonderful society of ours if it is allowed to smash the gates of the pound down and "collect" ones car and then sue for the privledge. I know some people that might try that for a larf...
Well you would certainly become liable for the gates then. I would suggest simply firmly making the people manning the pound open them for you. I does not have to be like a scene from a film. I am very serious, obviously if the pound is run by the government it is a different matter but a private company are just extortionists and theives so respond in the same way. The only parking fines I have ever paid are those issued by traffic wardens. I have been clamped twice and made them remove the clamp or cut it off myself. (Long before angle grinder man was on the scene). The law is really only any use for making money for lawyers though. I would just be happy getting my car back in one piece.
I wouldn’t advise to try and take the vehicle back by force. As far as I’m aware they are in legal possession of it until the debt is paid.
It is a civil matter much the same as bailiffs. If you have a dispute with them then you’ll have to pay up front and then claim the money back through the Courts (If you win).
They are NOT stealing your vehicle. If it was illegally parked on private land then they have the right to remove it if certain conditions apply.
To try and get the vehicle back without paying would probably result in either a criminal damage or even assault charge be made against you.
You could ‘seize’ somebody’s vehicle if they parked on your driveway as long as the appropriate warning signs and removal were correct. You can then charge a reasonable removal and storage fee.
monster1 said:
I wouldn’t advise to try and take the vehicle back by force. As far as I’m aware they are in legal possession of it until the debt is paid.
It is a civil matter much the same as bailiffs. If you have a dispute with them then you’ll have to pay up front and then claim the money back through the Courts (If you win).
They are NOT stealing your vehicle. If it was illegally parked on private land then they have the right to remove it if certain conditions apply.
To try and get the vehicle back without paying would probably result in either a criminal damage or even assault charge be made against you.
You could ‘seize’ somebody’s vehicle if they parked on your driveway as long as the appropriate warning signs and removal were correct. You can then charge a reasonable removal and storage fee.
Interesting points but surely there is a difference between private land and a car park where the public and reasonably expect to park. Ie a Cinema. You have no contract with them ans a such I believe the vehicle has been stolen. Is there any case law relating to signs? If they are not well lit at night then they are again on very dodgy ground. I think if you have a receipt for the car then it is legally yours and you can take it away. It is a civil matter as you say but I cannot see why they should be able to prevent you from retrieving your property. In fact if you take plenty of witnesses with you and they try to use force to prevent you taking you car then call the police because that is a criminal matter.
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