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Help help help car towing!!!!!

My car was towed away yesterday morning early hours. They advised that after clamping it this was because I have 24 outstanding parking tickets and I have to pay over £3000 to get my car back!

I live in the apartments where Metropark are employed to patrol and have received many tickets ...I recently learned that unknowingly I have been parking in spots that are allocated to Housing Association and that's why I've been ticketed.

I had corresponded with the parking company on a number of occasions without any response and have also recently learned that rather than writing to me at the address I provided on my letter they wrote to an address that the car is registered (an old address).

I have asked for proof of all correspondence and a breakdown of all cost but have been advised they have not been able to do this yet as so many people have been contacting them regarding this!

PLEASE PLEASE PLEASE HELP! I have not had my car for two days now and cannot afford to pay 3k to get it back! What can I do?
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Comments

  • I would go to the police and report it as stolen by those that removed it. Explain to them that you know the law, that seizure of goods for non-payment of debt is illegal according to the laws of the land as indeed are arbitrary fines. If the police do nothing, if they dismiss it as civil then take them to court (County). Yes you will pay for court fee. You will raise the issue that your property has been seized; if they try to introduce your so-called "debts" then remind them that the hearing has been brought forward by you and is with regards to your property they have seized - if they wish to have the court hear about your debts then they will have to arrange another hearing. If the judge decides to learn about the "debts", tell him you deny them as they are illegal "penalties" for so-called "breach of contract" and that they go beyond losses by landowner. Like this, there can be no claim of volenti non fit injuria (to the willing, no harm is done) from the court as this is not you begging for your money back which you willingly paid but you demanding back your rightful property taken from you without sanction from the court.

    DO NOT PAY - or the game is finished.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    If you do get it back, you need to sort out the V5 address, as that is an offence, and check your insurance has the correct address.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    edited 22 September 2011 at 6:47PM
    Hmm are there any signs regarding clamping? Or are they claiming they sent you notice that you were trespassing?

    The Police wont treat it as theft, [although they should]

    Similar situation here!

    http://www.consumeractiongroup.co.uk/forum/showthread.php?320793-NCP-towed-my-car-from-train-car-park-for-non-payment-of-private-parking-tickets(3-Viewing)-nbsp

    and!

    http://forums.pepipoo.com/index.php?showtopic=64994&hl=

    You may need to go as advised on both threads and go down the injunction route!
  • I'm sure the OP will make this a priority, but for the time being, getting the car back and as much damages as possible from those swines is essential.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    Without sight of any correspondence though, does the op know who has his car?
    It could be a (very unlikely) result of a court case he hasn't defended, and the bailiffs have it.
    Any other notices could have been sent, as suggested earlier.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    If you report it stolen, if they are a ppc, they dont have access to the database to report it as removed.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • eb2 wrote: »
    My car was towed away yesterday morning early hours. They advised that after clamping it this was because I have 24 outstanding parking tickets and I have to pay over £3000 to get my car back!

    I live in the apartments where Metropark are employed to patrol and have received many tickets ...I recently learned that unknowingly I have been parking in spots that are allocated to Housing Association and that's why I've been ticketed.

    I had corresponded with the parking company on a number of occasions without any response and have also recently learned that rather than writing to me at the address I provided on my letter they wrote to an address that the car is registered (an old address).

    I have asked for proof of all correspondence and a breakdown of all cost but have been advised they have not been able to do this yet as so many people have been contacting them regarding this!

    PLEASE PLEASE PLEASE HELP! I have not had my car for two days now and cannot afford to pay 3k to get it back! What can I do?

    Lets drill down into this story.

    So, you have got lots of fake PCN's, which you ignored (rightly so), given you live in the building and have entitlement to park there, correct?

    You have since found out that the spaces are 'reserved' for someone else and stopped parking in them, correct? Not that this matters either, they still can't demand you pay them any money because it is a private car park etc.

    You have entered into correspondence with them, well, you wrote to them, they ignored you, about this issue? That was probably a mistake, but hindsight is 20/20.

    They have decided to clamp and then tow your car, have they done this when you were in a space that was not 'reserved' and was ok, in their eyes, to otherwise park in?

    Are there any signs about clamping?

    It looks to me like they are probably holding your car for what they will call outstanding debt, but of course you deny that debt, so that is a problem for you now... they have your car... but them eventually when they get order to give you your car back!

    I think the Police might be a good shout to start, but suspect they will say it is a civil matter blah, blah, blah... unless you get someone who maybe knows this part of the law well enough!

    Given this is a managed car park, who is the freeholder? I think that speaking to them and putting the wind up them about taking them and the PPC to County Court for and injuction and, when you get your car back that was taken illegally, then suing them both for breech and damages, so they owe you money!

    I think this might be another one for http://forums.pepipoo.com/index.php?showforum=60 to be honest!
  • eb2
    eb2 Posts: 9 Forumite
    on the phone the guy from Metropark now. He's the director and alledges he cannot even reduce the price of the tickets and now says the cost is £3800...for 24 tickets?

    Vax2002 Are they not allowed to take my car as payment? I'm beside myself and this has been going on for two days!

    Is there any legal loopholes I can look at?
  • mikey72 wrote: »
    Without sight of any correspondence though, does the op know who has his car?
    It could be a (very unlikely) result of a court case he hasn't defended, and the bailiffs have it.
    Any other notices could have been sent, as suggested earlier.

    But the OP said they had his actual address from correspondence, which I suspect was in the building the car park is linked to, and not the address on his V5... this is a PPC tactic and it looks like a load of horse crap!
  • eb2 wrote: »
    on the phone the guy from Metropark now. He's the director and alledges he cannot even reduce the price of the tickets and now says the cost is £3800...for 24 tickets?

    Vax2002 Are they not allowed to take my car as payment? I'm beside myself and this has been going on for two days!

    Is there any legal loopholes I can look at?

    Tell him you deny the debt and if they don't return your car, you will take legal action against him for his unlawful actions.

    Unless he has a County Court judgement against you he CAN NOT take your car, simple as.

    Tell him you are taking advice and put the phone down.

    Are you recording the call????

    You should!!!
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