Impounding cars
Discussion
In May my car was clamped due to having no tax. That was fine it was what happened next that got me angry.
Less than 3hrs later my car was towed away. When I got it back it was damaged, steering rack shot to bits, power steering gone and they had broken in to the car causing damage to the passenger side.
I want to know if what they did was legal. The operatives say it was, the police say it was.
They also claim the damage was due to age not them. The car had an MOT two weeks before this.
Anyone know what the legal stand on this is?
Less than 3hrs later my car was towed away. When I got it back it was damaged, steering rack shot to bits, power steering gone and they had broken in to the car causing damage to the passenger side.
I want to know if what they did was legal. The operatives say it was, the police say it was.
They also claim the damage was due to age not them. The car had an MOT two weeks before this.
Anyone know what the legal stand on this is?
What makes you say that?
By law, as far as I have found, says that when they clamp 2 things must happen before impounding.
1 - The owner has not contacted the impounders to arrange the release.
2 - 24 hours has elapsed since the clamp was attached.
Niether of these things happened.
They should have returned my vehicle in the condition it was when they took it.
By law, as far as I have found, says that when they clamp 2 things must happen before impounding.
1 - The owner has not contacted the impounders to arrange the release.
2 - 24 hours has elapsed since the clamp was attached.
Niether of these things happened.
They should have returned my vehicle in the condition it was when they took it.
I can prove they did it. The car went for an MOT it passed with flying colours. it had only done 500 miles before they got thier hands on it. Now the power steering a knackered, rack mounts shot to bits, passenger side door bent out and heavily scratched and brake pads bent. All in all over £3000 worth of damage.
The problem is they say they cannot be held liable for this as they are entitled to do it and have been told it is ok by the DVLA. I do not want to spend a lot of money going to court for them to produce an Act of Parliament or a Statutory Instrument that says they can. Just like magistrates courts, now, cannot be taken to court for anything they do. I am looking for people who have been to court b4 on a matter like this so I can get and study thier cases.
The problem is they say they cannot be held liable for this as they are entitled to do it and have been told it is ok by the DVLA. I do not want to spend a lot of money going to court for them to produce an Act of Parliament or a Statutory Instrument that says they can. Just like magistrates courts, now, cannot be taken to court for anything they do. I am looking for people who have been to court b4 on a matter like this so I can get and study thier cases.
AFAIK Yes they are entitled to remove your car from the road and take it to a pound. What they are not allowed to do is damage it in any way. The car must be returned to you as it was when they picked it up.
TO be honest I don't know how much luck you would have trying to claim back the damages through the courts though.
Have you consulted a solicitor?
Surely they should have put it on a flatbed which would have prevented all the damage. By towing it they would know that they would do damage and that is negligence and you can sue them for it.
>> Edited by tvradict on Saturday 28th August 21:11
TO be honest I don't know how much luck you would have trying to claim back the damages through the courts though.
Have you consulted a solicitor?
Surely they should have put it on a flatbed which would have prevented all the damage. By towing it they would know that they would do damage and that is negligence and you can sue them for it.
>> Edited by tvradict on Saturday 28th August 21:11
Come on, there can't be anything saying they *can* damage your car, that's just ridiculous.
If you can prove they did the damage in court (which doesn't sound like it'll be too hard - can your garage mechanic back you up? Sounds like it's damage that can be shown to be caused by the tow truck?) I'm sure they will have to pay for it.
I would probably write to them offering that they fix the damage at their cost. Then you should say you are otherwise going to court and claiming full damages for repair, metalwork and much respraying at a main dealer (or something similar) - make it sound expensive. If they know they're in the wrong they should hopefully take the first option.
Have you tried the council of the region it happened in?
good luck
Russ
If you can prove they did the damage in court (which doesn't sound like it'll be too hard - can your garage mechanic back you up? Sounds like it's damage that can be shown to be caused by the tow truck?) I'm sure they will have to pay for it.
I would probably write to them offering that they fix the damage at their cost. Then you should say you are otherwise going to court and claiming full damages for repair, metalwork and much respraying at a main dealer (or something similar) - make it sound expensive. If they know they're in the wrong they should hopefully take the first option.
Have you tried the council of the region it happened in?
good luck
Russ
Hiya,
I have done all of the above, the bills i have sent them repair, time, work parts in the car that they also damaged, totalled over £7000, basically they just said in a letter, sorry your claim is not accepted as we were acting according to DVLA guidelines.
Court proceedings are under way but it will take upto 6 months to get anywhere, then if they decide to play-up it could take over 12 months to get anywhere. I have legal knowledge and have been to county court several times. The police are also backing them up saying everything was done fine and they saw no damage caused to the car.
That is what i am trying to search for the laws on this sort of matter, apart from the actual acts of parliament there are also statutory instruments of which somewhere in between 3000 and 5000 are brought in every year. Amendments to the real law that we never hear about. But the last time something was enacted for this was 1997 (apart from fine rates changes in 2001). It is an absolute mine field and I have my own business to run at the same time.
I think i'll have to buy a tank try clamping that or the bib's try stopping me.
I have done all of the above, the bills i have sent them repair, time, work parts in the car that they also damaged, totalled over £7000, basically they just said in a letter, sorry your claim is not accepted as we were acting according to DVLA guidelines.
Court proceedings are under way but it will take upto 6 months to get anywhere, then if they decide to play-up it could take over 12 months to get anywhere. I have legal knowledge and have been to county court several times. The police are also backing them up saying everything was done fine and they saw no damage caused to the car.
That is what i am trying to search for the laws on this sort of matter, apart from the actual acts of parliament there are also statutory instruments of which somewhere in between 3000 and 5000 are brought in every year. Amendments to the real law that we never hear about. But the last time something was enacted for this was 1997 (apart from fine rates changes in 2001). It is an absolute mine field and I have my own business to run at the same time.
I think i'll have to buy a tank try clamping that or the bib's try stopping me. Speed Matters | Motoring News | Top of Page | What's New | My Stuff