Help my car has been Towed away on Private Land

NeilCr

I am getting confused now.

The first letter from Jo Barnes mentions not paying for the space for over a year. Then it mentions parking tickets.

Could this, possibly, maybe, be a case where the HA have been to court to get payment for the space. Sort of like not paying service charges?

I think, like others, there is more here than meets the eye.

D_P_Dance

Could this, possibly, maybe, be a case where the HA have been to court to get payment for the space. Sort of like not paying service charges?

That sounds very likely to me, I am sure that we know only half of the story, a lot of which does not ring true imo.

twhitehousescat

however the car may have been sold in between ticket 2 and tow , would be annoying to buy a car off a neighbour only to find it missing the next day

clarification needed as to who told to tow co to remove , both the person who phoned the order and he tow co, are liable under Section 54 of POFA 2012 and could be heavily fined

hence my repeated request to contact the DVLA

DoaM

D_P_Dance wrote: »

Could this, possibly, maybe, be a case where the HA have been to court to get payment for the space. Sort of like not paying service charges?

That sounds very likely to me, I am sure that we know only half of the story, a lot of which does not ring true imo.

And that scenario enables the HA to engage a company to legally tow and hold hostage a vehicle how exactly? Are Accord registered bailiffs?

Eminowa

Originally posted by waamo
”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?

It was parked in my premises where I live. I just called the police now with the incident number, the police said Elite Management towed my car and tagged it on the system as been found abandoned on a private land. And I told the police, it wasn't abandon, It was towed from my premises

twhitehousescat

was it taxed and showing on DVLA , was it insured and showing on MID


and back to a question I have asked before WHO TOLD THEM TO TOW IT

twhitehousescat

post 1

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.

unless you were informed by name in a letter and a notice was placed on your car , you need to take action against the housing assoc

twhitehousescat

read

Prior to 1 October 2012, any vehicle parked on private land could be clamped and towed away by request of the landowner. However, on this date new legislation came into force that has rendered this practice unlawful.

The Protection of Freedoms Act 2012 created a new offence within the broad heading "Protection of property from disproportionate enforcement action". Under this provision, any person who clamps or tows away a vehicle (without lawful authority) with the intention to prevent or inhibit removal by a person so entitled is committing an offence, even if they have that person's express or implied consent.

The new legislation only applies to "motor vehicles" (i.e. those which are mechanically propelled) and therefore other forms of transport such as bicycles will not be affected.

There are still some circumstances under which clamping and towing will be available options, including at car parks maintained by a local authority, and those where parking is regulated, such as at airports and railway stations. The Driver and Vehicle Licensing Authority ("DVLA") will also be able to perform these actions in relation to a vehicle on which vehicle tax has not been paid.

For private landowners who do not fall within the allowed exclusions above, clamping and towing are no longer permitted. Instead, they will have to rely on the right to recover from the driver any unpaid parking charges. However, this right only arises 28 days after the driver has been notified of the unpaid charges and this notice must be given in the correct way, as set out in the Act. If it is not, the landowner may lose their right to the parking charges. Also under the Protection of Freedoms Act 2012, the police have had their powers extended so that they may now remove vehicles parked illegally on private land.

Motorists who find they have been unlawfully clamped on private land are entitled to appeal to an independent service funded by the British Parking Association (if their approach to the person enforcing the charges has previously been unsuccessful). If found guilty of the offence, a landowner could be liable for an unlimited fine in the County Court or a fine of up to £5,000 in the Magistrates Court.

The new legislation is intended to put a stop to aggressive clamping practices that have occurred in the past on private land. Although this has been welcomed by motorists, some landowners feel that the new laws will leave them without adequate protection. Without the threat of clamping, many believe that there is not a strong enough remedy available to deter motorists from parking on their land.

For private landowners who do not fall within the allowed exclusions above, clamping and towing are no longer permitted. Instead, they will have to rely on the right to recover from the driver any unpaid parking charges. However, this right only arises 28 days after the driver has been notified of the unpaid charges and this notice must be given in the correct way, as set out in the Act.

twhitehousescat

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/2?view=plain

Eminowa

My HA has replied back to me on the SAR these was what the lady wrote back
“Dear Mrs Fxxxxxx,
Re: Right to Access Request by Mr Adexxxxx Fxxxxxxx
In reference to your husband’s request, we are contacting you as the sole tenant of the property and would answer his question as follows:
• As stated in our letter of 12th February 2019, we advised that Jessop the land owner gave permission for the car to be removed from wave close
• Elite management who patrol the car park at Wave close provided the information for Another Level whom the association contacted direct. As this was an ad-hoc arrangement there is no official document showing the authorizer or tower.
• As stated above as this was a ad-hoc arrangement there is no official documents with the information that you have requested.
• The address of the registered office of Another Level is 154 tiled House lane, Brierley Hill, DY5 4LL. The proprietor of the company is Dxxx Dxxxxx
Furthermore we would draw your attention to your tenancy agreement, Under “Your obligation” section 11 d & h where it states we have the right to remove your vehicle if you fail to adhere to the conditions in your tenancy agreement and on site. A copy of the relevant section is enclosed.
We have also enclosed the car park permit passes information leaflet that is enclosed with the parking permit when supplied. This states reason why penalty notices will be issued.
I trust the above has answered your queries.

Your sincerely

Nxxxx sxxxx

This is what section 11 D & H says on the tenancy agreement
D. If you are allocated a parking space in the parking area, you must use only the space that is allocated to you
H. by signing this agreement you authorize us to remove any vehicle or other object that is left anywhere on our property and breaks these conditions, or which we believe has been abandoned or is dangerous. You will be charged to cover our expenses for removing and disposing of any items.

so where do i stand now, please tell me, because i feel as a loose now.