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Help my car has been Towed away on Private Land

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  • Coupon-mad
    Coupon-mad Posts: 151,894 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    Great.

    As previously advised, go to your MP and tell him/her:

    - the Police have described a criminal offence (TWOC) as a civil matter

    - the Housing Association are using a rogue parking firm to intimidate residents

    - the Housing Association instructed that operative to commit a crime.

    Take the relevant section of the POFA with you when you see your MP; the bit that talks about the criminal offence of towing/clamping/blocking in.

    The Deep is wrong, this IS a criminal offence.

    Here is the Mayhook case where NCP shelled out tens of thousands for another 'ransom/TWOC/towed away until you pay unproven PCNs' case.

    http://www.davidmarq.com/bama/Mayhook-V-NCP%20Judgement%20transcript.pdf

    https://forums.moneysavingexpert.com/discussion/4317481/ncp-spanked-in-court-towing-for-unpaid-tickets

    https://forums.moneysavingexpert.com/discussion/5741168/mayhook-v-ncp-n-b-f-the-final-chapter
    ''JM managed to secure the services of Barrister Matthew Hodson under a CFA arrangement.''
    Wonder if that barrister can do this one under a CFA?
    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 THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    You make a lot of assumptions in that post CM.

    As a former Immigration Officer with the British High Commission in Lagos, I am inclined to take a more cynical view.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 151,894 Forumite
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    Whatever! :D

    But you are wrong about this - towing IS a criminal offence. No ifs or buts. This case is on all fours with Mayhook, and even better for this OP, because in the Mayhook case (pre POFA) towing wasn't a criminal offence.

    This OP can get compensation for this crime. Much more than their money back.
    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 THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    D_P_Dance wrote: »

    As a former Immigration Officer with the British High Commission in Lagos, I am inclined to take a more cynical view.

    LAGOS ??? corruption comes to mind. I would imagine that stealing the High Commission's car with a loaf of bread as a ransom would be the norm
  • Umkomaas
    Umkomaas Posts: 43,370 Forumite
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    D_P_Dance wrote: »
    As a former Immigration Officer with the British High Commission in Lagos, I am inclined to take a more cynical view.
    Did you work alongside that TD bloke? Seems he was one of those too.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Coupon-mad wrote: »
    But you are wrong about this - towing IS a criminal offence.

    It may not be TWOC though, for that offence you would have to show that the car was taken for that person or another's use, and driven by them or carried in it - s.12 (1), Theft Act 1968.
  • Eminowa
    Eminowa Posts: 296 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    BPA-14849



    Dear Adexxxxx



    Thank you for your patience whilst we have approached the parking operator on your behalf.



    I am advised that Elite Management Midlands (who are members of the BPA) were requested by the land owner Accord to remove the vehicle as this is a permit holder car park, although they lives at Wave close they must pay for their space, and we have been informed that no payment has been made for over a year. I am advised that Elite themselves have not removed your vehicle, it has been passed to a third party, which is who you have dealt with.



    I am advised you have contacted Elite concerning three outstanding parking tickets and you have been advised there are only 2 outstanding, and bank details have been provided to enable you to do a transfer.



    I appreciate this may not have been the response you might have hoped for, but as there is no evidence of a breach of a point raised in the Code of Practice, I regret I am unable to assist you further, and this case is now closed. We cannot become involved in payment disputes over charges or permits. I would therefore suggest that if you wish to contest the matter further that you do so via the legal system. Please seek legal advice from an appropriate source if this is the action you wish to take.



    Kind regards



    Jo Barnes

    Compliance Officer

    AOS Investigation Team









    P Think of the environment - do you need to print this email?





    For information about what we do with personal data see our Privacy Policy . Please note that we may share with the operator elements of what you have sent us if we believe doing so assists our investigation or helps us to determine whether a breach of our Code of Practice has occurred.





    Legal Disclaimers

    British Parking Association Registered in England and Wales with Limited Liability

    Registered No. 979689. Registered Office: Chelsea House, 8-14 The Broadway,

    Haywards Heath, West Sussex RH16 3AP VAT Registration No. GB 600 3376 86

















    Show more
    This was the reply I got from BPA
    So I emailed them againbasking why Elite Management is not on their approved operator list.
  • Coupon-mad
    Coupon-mad Posts: 151,894 Forumite
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    edited 22 March 2019 at 12:56PM
    Hang on, Jo Barnes replied and DIDN'T have a problem that Elite got the car illegally towed, and that was when this firm WAS in the BPA?!!!

    Email Steve Clark, forward Jo Barnes' email to him and tell him the full story - I gave you his email earlier.
    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 THREAD
  • K2SO
    K2SO Posts: 7 Forumite
    The reply I got from the BPA earlier this week stated that they were members, but that membership was currently suspended. They wouldn't elaborate on why. The upshot for most people (not you) is that Elite cannot currently find people through DVLA records.
  • how did the towing co get the OPs details , ie which car to tow , how come the HA know the owner of the car , only elite would have had that info

    OP , you need to contact the DVLA to ask who and when ask for your info , do you honestly thing the HA name will be on that list ?
This discussion has been closed.
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