Car legally knicked

[grkify]

So i returned home today to find that my project car was not where i left it parked in my spot infront of my garage of a rented flat . This car was running when parked but had all brakes seized and flat battery now after a moment of panic as the car and rationalisation called landlord and he said he knew nothing and then called the property company. Theyve had it removed now the car is on land leased to the flat is not taxed or MOTed but is registered to the flat to which it was parked. I park in front of this car nightly but apparently it has had a notice on it for a month? Ive asked and apparently they dont have to check with dvla what address its registered to. its currently sat in a scrap yard 19 miles from my house i have no way of getting it home . I Was just curious to know of what the process is regard removing a car surely it cant be a case of shove a notice on it then scap it and pocket the cash? specially when its registered to an address in the block of flats to which its parked.

[geeks]

Is this seat taken?

[kiethton]

Do you want the car?

If so priority should be organising a tow truck to bring it back, paying for it yourself if necessary.

I would then be looking to recover these costs (and the cost to rectify any damage caused at the scrapyard - odds are some choice parts are now missing) and claim the total from the party that authorised the removal of the car, success to be determined by whether they've followed the process outlined (or whether there is one) in your landlords lease correctly or not.

[Pistonheader101]

Report it stolen and get a crime reference number

[grkify]

Spoken to all the neighbours no one has seen a notice on it at all. Will be requesting all information regards me and my car from property company first thing tomorrow. Not on at all.

[Greendubber]

Pistonheader101 said:

Report it stolen and get a crime reference number

It's not been stolen though.

[grkify]

Basic definition of theft.
(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.


edit * the car is tucked away in a well fenced compound in a scap yard. Police were not overly helpful told to go to citizens advice in the morning, that I couldnt report it as stolen which i dont fully understand but will have to accept until I can seek legal advice. The car was my first and i have had it coming up 7 years holds an incredible amount of sentimental value and not a lot of monetary value.I am hoping that the car can be returned to me in decent condition but fear its probably had the windows done in or chucked around a scrap yard with a folk lift. just find it very frustrating that a car kept of the road and sorn and legal can be taken without notice to the owner or any attempt made to contact the owner.

Edited by grkify on Tuesday 24th July 19:13

[Greendubber]

grkify said:

Basic definition of theft.
(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

Which doesn't fit the OPs situation.

He needs to arrange the recovery of the car back to his flat and recover the costs involved.

[grkify]

I shall work something out in the morning, to be fair i made this thread in a bit of a panic which shows thanks for advice guys much appreciated will see where i stand legally tomorrow and proceed accordingly. when your pride and joy no matter how much of a turd goes missing its difficult to think straight.

[Greendubber]

grkify said:

I shall work something out in the morning, to be fair i made this thread in a bit of a panic which shows thanks for advice guys much appreciated will see where i stand legally tomorrow and proceed accordingly. when your pride and joy no matter how much of a turd goes missing its difficult to think straight.

I'd be incredibly upset too, the property company have clearly wrongly assumed it was abandoned and recovered it. Is there anything in your lease about storing cars and what condition they should be in etc?

If there isn't anything in your lease then I'd be asking how they are going to be getting the car back to you and asking for it to be returned ASAP. Have you spoken to the scrap yard and explained the situation and told them not to touch it etc?

[grkify]

unfortunately they had shut buy time i got home. I will have a look see whats what with the lease tomorrow when i can find it out. if I am in the wrong ill own up to it and eat the cost but to me that cars the equivalent of scrapping your first born.

[ging84]

grkify said:

Basic definition of theft.
(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

sounds like this meets that definition
They have towed it to a place where it will be destroyed, and you believe they have made false claims about issuing a notice that might have entitled them to move it.

[InitialDave]

Greendubber said:

Have you spoken to the scrap yard and explained the situation and told them not to touch it etc?

This would be my immediate action. On their doorstep in person waiting for them to open up first thing tomorrow morning, explain the removal was not properly authorised, and the car must not be touched. Do they have a transporter available, or do you need to go get your own, right now?

[Graveworm]

ging84 said:

sounds like this meets that definition
They have towed it to a place where it will be destroyed, and you believe they have made false claims about issuing a notice that might have entitled them to move it.

But The same act says:
A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; ..

So if they thought they could legally take it, even if they couldn't, no dishonesty no theft.

[Strudul]

Graveworm said:

But The same act says:
A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; ..

So if they thought they could legally take it, even if they couldn't, no dishonesty no theft.

So I'm allowed to take other people's things as long as I let them know?

[HayesDC2]

The notice is a yellow A4 sized sticker so unlikely you would miss it!

[98elise]

Strudul said:

Graveworm said:

But The same act says:
A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; ..

So if they thought they could legally take it, even if they couldn't, no dishonesty no theft.

So I'm allowed to take other people's things as long as I let them know?

That's not what it says.

[Driver101]

Why was the car parked outside the garage? Surely out of respect for the neighbours old project cars should be stored away especially when you have access to a garage?

Had the car sat there that long everyone assumed it was abandoned?

Having previously lived in a flat there is nothing worse than limited space being taken up with project cars looking a mess in the area. They take up limited space and the person uses up another car parking space for their daily car.

I was also of the thought that if the public had access to the flats the cars had to be taxed and insured?

[jjwilde]

I'd go with reporting it as stolen. That's the correct path to getting it back I suspect. Once they know the police are involved they may act quickly to resolve the situation.

[Greendubber]

jjwilde said:

I'd go with reporting it as stolen. That's the correct path to getting it back I suspect. Once they know the police are involved they may act quickly to resolve the situation.

Wrong.