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Help my car has been Towed away on Private Land
Eminowa
Posts: 296 Forumite
I parked my vehicle in the block of flats where I live with my family, and on the 7th of January, I came down stair to go out , and I couldn’t find my car. I asked people around if they have seen my car, and they said no. I immediately called the Police to declare my car missing, the police took my vehicle details together with my details and logged it on the system. I discovered my car was missing at about 5pm in the evening when I was about to go out. I tried ringing the private parking company issuing ticket around my flats, I took their number from the sign post, I tried ringing this company, but no one answered the phone. I didn’t want to believe that this parking company has towed my car away, because it has been banned in England and wales according to the Protection of Freedom Act 2012 to clamp or tow away vehicles on private land.
I rang the intercom buzzer on the gate to the block of flats where I live, and the care taker answered it from the other end, I asked him if he opened the gate for any towing vehicle, he said he can’t remember, that he don’t ask, he just opens the gate as they buzz, I asked him if he know anything about my vehicle, and he replied saying Accord has been towing vehicles today, and I said why, he said they have towed away vehicle without a parking permit, and I replied him saying , there has loads of cars on the car park with parking tickets on their windscreen, why are they not towed away? Why has mine been towed? He said he isn’t sure. i rang Accord housing Association, which is the housing association I am with, and a gentleman picked up the phone saying they haven’t authorized anyone to tow any vehicle. At this point became more scared and confused. By the way, my apartments is owned by a housing association called Accord housing, they are not the council.
At about 8.15pm, I tried the parking company number again and it sent straight to voice mail saying I should ring an out of hours number, I did ring this number, and a man picked up the phone and said he has got my vehicle, I asked him why he took my vehicle, he said the housing association has asked him to take it, because I haven’t paid previous outstanding tickets. He asked to ring him in the morning and I can get my car back
At about midnight, I got a phone call from the police saying my vehicle hasn’t stolen, that it was towed away my Elite management Midlands, which is the same private parking company my housing association has employed to issue parking tickets on the car park, this was same parking company that I was ringing, they nobody answered me until 8.15pm that night.
This parking company called Elite parking management are not members of the BPA, but they claim they are on their sign post.
First thing in the morning, I went to my housing association office, and I met a lady who said he has authorized my vehicle to be towed away, I told this lady isn’t illegal to tow my vehicle away, that they are not the council. This lady was so rude, he asked me to go and sort thing out with Elite management midlands to get my car back.
I went to Elite management midlands office, nobody was there, I called their landline, no body picks up the call, I called the mobile which I got him on last night and he answered, I asked him to release my car, he said no, he said I have got 3 outstanding tickets to pay, that I have to pay these outstanding tickets, pay for the towing of the car, and also release fees for my car. I called the police immediately, the police said, they cants act because it is a civil matter. I called the BPA so report the issue, and a lady on the phone said Elite management is no longer their member, that I should write about what happen to their email and they will get back to me. I did. And they replied saying it might take up to 14 working days for them to reply. I called Elite management again and he didn’t pick up my phone anyone. I called him all through, he ignored my call.
The following day, Elite management picked up from the same mobile phone, I said I want to meet him to pay with my credit card, he said they don’t pay by credit card, that I should pay by bank transfer. I pleaded with him on the phone and he ended the call on me. I called again, he didn’t pick up. So my car was with him for 2nights, and on the 3rd day, I was very nice on the phone to him, so he doesn’t end my call, I asked him for his back details, which he gave me. I paid the money into his account, and called him, he said I should give him an hour to check his back account and then he will ring me to tell me where my car is, he later called me after 2hrs and told me where my vehicle is, my vehicle was taken to the next town and parked in a dodged place, I had to catch the bus down there, he said he will be waiting for me there, when I got to the place, I couldn’t see him nor my car, I called him and he said somebody will be meeting me to show me where my car is. And 10mins after someone called my phone and meet me, and took me to where my car is, he said he took the car that he is a towing company and that elite management had given him a bonus for taking my car. I took my car, and then drove off.
I have been writing series of letter to both Elite management midlands and Accord Housing association demanding a full refund for taking my car, Elite initially ignored my letter, Accord housing said Elite management didn’t take my car, that one level took my car, because I took them that Elite management was not member of the BPA and so they shouldn’t be issuing parking tickets.
BPA responded back to me after 7days saying Elite management didn’t take my car, and that the money paid via bank transfer was for the outstanding tickets I owe them.
I sent a letter before court action to Elite management Midland and then they responded back saying, they didn’t take my care, and that they don’t tow cars, that I should contact Accord housing, that accord was the one who towed my car.
I have requested for a subject access request to Accord housing to me who they have authorize to tow my car. It’s been over 30days not and they didn’t reply because they don’t know what to say, because they know they asked Elite management to tow my car, I have given them another 7 days to respond to my subject access request before I report them to ICO.
I have also requested a subject access request from the police as well, because they called me to inform me my car wasn’t stolen, it was towed away my Elite management midland.
Elite management are denying ever towing my car, up till now, I have never met this elite management guy in person
I am at this stage where both parties are ignoring my letters now, just waiting for the police to get back to me with the details saying elite management took my car.
I will need a lot of help here please, as I was bullied and treated like a fool, and they took money off my by force by towing my vehicle, now both parties are ignoring and trying to cover their track, thinking I will give up pursuing it
I rang the intercom buzzer on the gate to the block of flats where I live, and the care taker answered it from the other end, I asked him if he opened the gate for any towing vehicle, he said he can’t remember, that he don’t ask, he just opens the gate as they buzz, I asked him if he know anything about my vehicle, and he replied saying Accord has been towing vehicles today, and I said why, he said they have towed away vehicle without a parking permit, and I replied him saying , there has loads of cars on the car park with parking tickets on their windscreen, why are they not towed away? Why has mine been towed? He said he isn’t sure. i rang Accord housing Association, which is the housing association I am with, and a gentleman picked up the phone saying they haven’t authorized anyone to tow any vehicle. At this point became more scared and confused. By the way, my apartments is owned by a housing association called Accord housing, they are not the council.
At about 8.15pm, I tried the parking company number again and it sent straight to voice mail saying I should ring an out of hours number, I did ring this number, and a man picked up the phone and said he has got my vehicle, I asked him why he took my vehicle, he said the housing association has asked him to take it, because I haven’t paid previous outstanding tickets. He asked to ring him in the morning and I can get my car back
At about midnight, I got a phone call from the police saying my vehicle hasn’t stolen, that it was towed away my Elite management Midlands, which is the same private parking company my housing association has employed to issue parking tickets on the car park, this was same parking company that I was ringing, they nobody answered me until 8.15pm that night.
This parking company called Elite parking management are not members of the BPA, but they claim they are on their sign post.
First thing in the morning, I went to my housing association office, and I met a lady who said he has authorized my vehicle to be towed away, I told this lady isn’t illegal to tow my vehicle away, that they are not the council. This lady was so rude, he asked me to go and sort thing out with Elite management midlands to get my car back.
I went to Elite management midlands office, nobody was there, I called their landline, no body picks up the call, I called the mobile which I got him on last night and he answered, I asked him to release my car, he said no, he said I have got 3 outstanding tickets to pay, that I have to pay these outstanding tickets, pay for the towing of the car, and also release fees for my car. I called the police immediately, the police said, they cants act because it is a civil matter. I called the BPA so report the issue, and a lady on the phone said Elite management is no longer their member, that I should write about what happen to their email and they will get back to me. I did. And they replied saying it might take up to 14 working days for them to reply. I called Elite management again and he didn’t pick up my phone anyone. I called him all through, he ignored my call.
The following day, Elite management picked up from the same mobile phone, I said I want to meet him to pay with my credit card, he said they don’t pay by credit card, that I should pay by bank transfer. I pleaded with him on the phone and he ended the call on me. I called again, he didn’t pick up. So my car was with him for 2nights, and on the 3rd day, I was very nice on the phone to him, so he doesn’t end my call, I asked him for his back details, which he gave me. I paid the money into his account, and called him, he said I should give him an hour to check his back account and then he will ring me to tell me where my car is, he later called me after 2hrs and told me where my vehicle is, my vehicle was taken to the next town and parked in a dodged place, I had to catch the bus down there, he said he will be waiting for me there, when I got to the place, I couldn’t see him nor my car, I called him and he said somebody will be meeting me to show me where my car is. And 10mins after someone called my phone and meet me, and took me to where my car is, he said he took the car that he is a towing company and that elite management had given him a bonus for taking my car. I took my car, and then drove off.
I have been writing series of letter to both Elite management midlands and Accord Housing association demanding a full refund for taking my car, Elite initially ignored my letter, Accord housing said Elite management didn’t take my car, that one level took my car, because I took them that Elite management was not member of the BPA and so they shouldn’t be issuing parking tickets.
BPA responded back to me after 7days saying Elite management didn’t take my car, and that the money paid via bank transfer was for the outstanding tickets I owe them.
I sent a letter before court action to Elite management Midland and then they responded back saying, they didn’t take my care, and that they don’t tow cars, that I should contact Accord housing, that accord was the one who towed my car.
I have requested for a subject access request to Accord housing to me who they have authorize to tow my car. It’s been over 30days not and they didn’t reply because they don’t know what to say, because they know they asked Elite management to tow my car, I have given them another 7 days to respond to my subject access request before I report them to ICO.
I have also requested a subject access request from the police as well, because they called me to inform me my car wasn’t stolen, it was towed away my Elite management midland.
Elite management are denying ever towing my car, up till now, I have never met this elite management guy in person
I am at this stage where both parties are ignoring my letters now, just waiting for the police to get back to me with the details saying elite management took my car.
I will need a lot of help here please, as I was bullied and treated like a fool, and they took money off my by force by towing my vehicle, now both parties are ignoring and trying to cover their track, thinking I will give up pursuing it
0
Comments
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first of all, you have presented a big wall of text thats hard to read, its late ( and past my bedtime) hopefully someone will flesh this out a little, and you can edit your post into paragraphs
Towing/clamping on private land is now illegal under the protection of freedoms act
Who authorised the towing/removal of the vehicle?
Where is the vehicle now?
Have you paid a release fee?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
At about 8.15pm, I tried the parking company number again and it sent straight to voice mail saying I should ring an out of hours number, I did ring this number, and a man picked up the phone and said he has got my vehicle, I asked him why he took my vehicle, he said the housing association has asked him to take it, because I haven’t paid previous outstanding tickets. He asked to ring him in the morning and I can get my car backmy vehicle was taken to the next town and parked in a dodged place, I had to catch the bus down there, he said he will be waiting for me there, when I got to the place, I couldn’t see him nor my car, I called him and he said somebody will be meeting me to show me where my car is.
And 10mins after someone called my phone and meet me, and took me to where my car is, he said he took the car that he is a towing company and that elite management had given him a bonus for taking my car.I sent a letter before court action to Elite management Midland and then they responded back saying, they didn’t take my care, and that they don’t tow cars, that I should contact Accord housing, that accord was the one who towed my car.
I have requested for a subject access request to Accord housing to me who they have authorize to tow my car. It’s been over 30days not and they didn’t reply because they don’t know what to say, because they know they asked Elite management to tow my car, I have given them another 7 days to respond to my subject access request before I report them to ICO.I have also requested a subject access request from the police as well, because they called me to inform me my car wasn’t stolen, it was towed away my Elite management midland.
Elite management are denying ever towing my car, up till now, I have never met this elite management guy in person
Wow, and more wow.
You should report the private towing to the Police as a crime, being ready to point out that this is a CRIMINAL OFFENCE under the POFA 2012, not a civil matter. It was taken without consent and the POFA 2012 is clear on this offence and the fine and jail term that exists - and the Police KNOW it was towed and who by.
Ask why they are not investigating this crime, and insist on a crime number (NOT an 'incident number').
And chase up those SAR results.
Send a LBC to Accord, telling them at the moment if they settle within 14 days, and provide the outstanding SAR (and they MUST NOT delete any records) you will accept as full and final settlement, all your money back, plus, say £500 compensation for the inconvenience caused by them illegally taking you car and depriving you of it, and putting you into danger and distress in recovering it from a criminal individual (because private towing to extort an alleged debt, is illegal).
But that if they do not pay this full amount, you will proceed to court and claim the sum you paid plus £1000 compensation (plus court fees, legal costs and interest) or such sum as the court deems suitable, given the illegality and severe distress and actual damages caused by depriving you of your car (stealing it) and then lying about it.
Sums alleged in debt cannot be extracted by blackmail or stealing cars!
Have you got legal insurance as part of your family's home contents or car insurance policy?! Check them BOTH. Use it, get onto the helpline if you have that.
Oh, and email Steve Clark at the BPA, even though this firm is no longer in their AOS, and ask if there is any contact he knows of who can deal with this, bearing in mind this firm used to be a BPA member and have acted illegally (he might just say the Police but it would be useful to appraise him of all of this):
steve.c@britishparking.co.uk
Worth an email, even just to give him the heads up, so he knows not to re-admit them.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I would also contact your MP and get them to write to the chief constable about this, as the lower ranks need educating about POFA 2012 and the fact that clamping and towing away is a criminal act and theft
(except by the DVLA etc, ie:- in certain circumstances , or where court orders to seize goods are in place)
no wonder ELITE have been suspended from the BPA0 -
Even though Elite are suspended by the BPA sure they would get a warm welcome from Mr Hurley.
They truly are shining examples of car park management.0 -
IMHO Accord are on the hook for this. If they engaged a company that carried out an illegal act then as employers they are liable.
As has been said send them a LBC and if they don't cough up issue a court claim. They might have some explaining to do.0 -
IMHO Accord are on the hook for this. If they engaged a company that carried out an illegal act then as employers they are liable.
As has been said send them a LBC and if they don't cough up issue a court claim. They might have some explaining to do.
I'd agree.
OP. Was the car being used? I know we had a problem a while back with a tenant who moved out and decided to abandon a car on our private road.
They didn't have any reason to think it was abandoned did they?. I realise it's very unlikely but just checking.
ETA.
Where was the car actually parked? In an allocated space, in a car park, on a private road?0 -
first of all, you have presented a big wall of text thats hard to read, its late ( and past my bedtime) hopefully someone will flesh this out a little, and you can edit your post into paragraphs
Towing/clamping on private land is now illegal under the protection of freedoms act
Who authorised the towing/removal of the vehicle?
My housing association did, they instructed elite management midlands to tow away my vehicle from the premise where I live because I don't have a valid permit to park there. Elite Management midlands themselves refuse to release my vehicle without charge and refuse me to see them or come to their office, they don't pick up their landline, until 5pm and it goes to voice mail asking you to ring the out of hours number. They had my car for 2 nights until I did a bank transfer.
Where is the vehicle now?
I have got bit back, I had this guy on recording b3cause he refused me to see him I paid the money and he told me where to find my vehicle
Have you paid a release fee?
Yes I did. No paper work in regards to that except for my payment print out from my bank0 -
Didn't you even get a receipt? Good grief, you don't hand over such sums without a receipt. You will need to sue to get that back. While the police might, and should, pursue this criminal offence (be persistent with them, they are likely to push back), only one person is interested in recovering your money, and that's you. Jointly sue Elite AND the HA - the latter is more likely to respond.Have you paid a release fee?
Yes I did. No paper work in regards to that except for my payment print out from my bank0 -
An amazing story.
The HA must know about POFA2012 and the rules Elite must follow
Elite has acted illegally by towing the car. Even though the HA instructed them to tow the car, under the law Elite were not entitled to take this action
This reminds me of the NCP case that cost them £87,000
https://parking-prankster.blogspot.com/2017/11/ex-tower-nigel-barrington-fuller-made.html
I hope you are going for the juggler0 -
I couldn't get a receipt because this man refused me to meet up with me, he was all about pay the money and get your car release..and when I am not saying what he wants to hear, he ends the call and don't pick up again. My car was with him for 2 nights, I could go to work, I couldn't sleep, I couldn't do anything. I had to be brave and pay the money. and then he told me where to find my car. I have got all our conversation on recording.Didn't you even get a receipt? Good grief, you don't hand over such sums without a receipt. You will need to sue to get that back. While the police might, and should, pursue this criminal offence (be persistent with them, they are likely to push back), only one person is interested in recovering your money, and that's you. Jointly sue Elite AND the HA - the latter is more likely to respond.0
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