Help my car has been Towed away on Private Land

Eminowa

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.

this is not the case, this was what elite told BPA, they are just lieing to cover their track

twhitehousescat

seems that as you have disregardeded being repeated told not to park there , the HA have used legal powers to remove your vehicle

however I think the law still states that THEY should tell the location of the car , not pass you on to the parking co

you may wish to explore this

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.

you were never allocated a parking space and you car was not dangerous or abandoned

Eminowa

eems that as you have disregardeded being repeated told not to park there , the HA have used legal powers to remove your vehicle

however I think the law still states that THEY should tell the location of the car , not pass you on to the parking co

you may wish to explore this

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.

you were never allocated a parking space and you car was not dangerous or abandoned

.
i have not been allocated any space, besides i didn't sign any agreement with HA, my wife did, not me. my wife got a space, not me.
they didnt use any legal power, they said the land owner jessop, gave them permission to take my car, jessop is not the local authority.

twhitehousescat

then go and get free half hour with solicitor

i didn't sign any agreement with HA, my wife did, not me. my wife got a space, not me.

ok , lets go back to the beginning,,,,,,,,,,,,,,,,,,,, second thoughts , I,m out of it

Eminowa

Yes, we knew this firm was suspended, from a case before yours, K2SO.

The OP needs to forward Jo Barnes' email to Steve Clark and demand to know why she replied as uselessly and weakly as she did, when towing is a criminal offence and yet her reply is TERRIBLE and comes across that she was defending their member (currently suspended).

How dare the BPA reply like that! Tell Steve Clark about it.

Then send a LBC to the Housing Association for a high sum, as advised earlier. You need decent compensation.

DO NOT reply if you get a private message offering to help with this, as that person could be from one of the nasty aggressive 'appeals' firms and not people you want to talk to.

The only firm that I and The Deep (both completely unconnected to this firm) might recommend to handle this for you or give some advice is this one:

But check first, do you have free legal advice/representation in either your HOME or your car insurance?

CM. i have emailed steve.C. i am reading the small claims advisor the sent me, thanks for your help, i will get back to you soon, i have posted a new post on what the HA wrote to me today, please kindly read and advice please. thanks

NeilCr

DoaM wrote: »

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

As it was my original notion



I was assuming that, if this had happened, there was a warrant of execution and the court appointed bailiffs had, actually, done the deed. Accord had taken OP to court based on what was said in Jo Barnes letter.

Quite honestly, the story is so convoluted and contradictory it is almost impossible to know exactly who has done what. But there does seem more and more "history" here as the tale unfolds and some questions are continually ignored.

Eminowa

Thanks all for your comments, it seem most people here don't believe the story, but I know exactly what has happen.
Can someone give me a guide on how to file a court case against Elite Management midlands, for the following reasons.
1. They didn't follow up a letter after 28 days demanding payment of pcn Bcos they not part of the BPA, so they couldn't access my details from DVLA, and so these tickets did not stand and cannot be enforce bcos the right protocol has not been followed.
2. They decided to take my vehicle and hide if until I pay up all outstanding com, when my law those pcn didn't stand. So they took the law into their hands by illegally towing away my vehicle.
3. I am demanding a full refund plus £500 compensation.

Eminowa

And for HA, I am taking them to court for illegally towing away my vehicle private land, they are claiming bcos I didn't previous outstanding com from Elite Management midlands, that them together with the landowner has decided to remove my vehicle. Such power has been taken away from landowner of private lands POFA2012. They were suppose to call the council to remove my vehicle, if they think my vehicle was dangerous park or abandoned. They have committed a criminal crime by towing away my vehicle POFA2012. HA and the landowner are not immune to POFA2012.
How do i file a court case base on these arguments I have written guys?

Eminowa

[QUOTEGood morning xxxxxxx



Thanks for your e-mail. I have also read about your case on MSE. I am very sorry to hear about your situation.



I will need to do some digging around here for you and I will do my best to see if I can help.



I will write again shortly.



All the best

Steve Clark

Head of Business Operations

British Parking Association [/QUOTE]
This is what Steve.clark replied to me

Umkomaas

How do i file a court case base on these arguments I have written guys?

For both above questions, suggest you book an appointment with a solicitor. The story here is becoming so mixed up, you seem to avoid answering some questions, so maybe a face-to-face meeting will help get to the bottom of things much more quickly.

Remember, we are a private parking forum, not a legal bureau.

You do seem to be having some parking problems - court date with Link looks imminent.

https://forums.moneysavingexpert.com/discussion/5980545/county-court-claim-form