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Help my car has been Towed away on Private Land

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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And for HA, I am taking them to court for illegally towing away my vehicle private land,

    If this is illegal it is a matter for the criminal courts. If the police take no action then a private action could cost you ££££s.

    If you take them to the County Court and lose it would cost you less, but still a substantial amount if the judge thinks that you have acted unreasonably. Would you be able to pay say £2,000 if you lose?

    Remember, if you take a large HA to court you will be up against some very good lawyers. As you say yourself, many here find your story incredible, a judge may also.


    bcnk
    You never know how far you can go until you go too far.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    D_P_Dance wrote: »
    And for HA, I am taking them to court for illegally towing away my vehicle private land,

    If this is illegal it is a matter for the criminal courts. If the police take no action then a private action could cost you ££££s.

    If you take them to the County Court and lose it would cost you less, but still a substantial amount if the judge thinks that you have acted unreasonably. Would you be able to pay say £2,000 if you lose?

    Remember, if you take a large HA to court you will be up against some very good lawyers. As you say yourself, many here find your story incredible, a judge may also.


    bcnk
    If the story is as described then there is no legal way that the car was towed & only released on payment of outstanding parking charges. Vehicles cannot be towed without legal authority & if on private land this is generally only the local council. Bailiffs can in some circumstances tow a car away but only with a court order.
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    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
    Can you please ask me those questions again which you thinkni didnt answered, bcos ibwas at work yesterday.
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the story is as described ...

    But is it? Have we been told the whole story? Many here have doubts, many find it confusing.
    You never know how far you can go until you go too far.
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    If the story is as described then there is no legal way that the car was towed & only released on payment of outstanding parking charges. Vehicles cannot be towed without legal authority & if on private land this is generally only the local council. Bailiffs can in some circumstances tow a car away but only with a court order.
    Thank you, but it HA are saying it is their land and on my tenancy agreement it says they are allowed to remove vehicle or object on their property. And I am prepared to pay £2000, if I can pofa2012 says it's illegal, then it is...been a landowner or HA, but must have to take me to court first to remove my vehicle.
    Can someone just tell me how to file my case please
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Eminowa wrote: »
    Can you please ask me those questions again which you thinkni didnt answered, bcos ibwas at work yesterday.

    You work back through the thread, make a note of each question asked, then tick off the ones answered. The unticked ones are the ones you will need to answer.

    I know that twhitehousescat was complaining that you weren't answering what he was asking, so much so, he's now dipped out.
    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
  • Umkomaas
    Umkomaas Posts: 43,402 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can someone just tell me how to file my case please
    Did you miss post #81?
    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
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    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.
    I have got legal insurance on my car, but I called my insurance company, they said it's for accident claims and demanded To my vehicle.
    No i don't have home insurance.
    I am reading the thread back now and answering all questions
  • Half_way
    Half_way Posts: 7,477 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This htread/topic is turning into a huge comples mess, unanswered questions here, titbits of info there, such a this
    i didn't sign any agreement with HA, my wife did, not me. my wife got a space, not me
    Was the vehicle parked in that space at the time?


    It may be better to re-start this from the begining, due to the way important bits of information have been drip fed into the postings making it hard to follow and understand exactly what is what.


    what spaces/rights to park come with the property when the ocupancy started?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Eminowa
    Eminowa Posts: 300 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    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 will be sending LBC to HA.
    But I need know how best to put in a claim through the court too, I am requested SAR from the police , they asked me to email to ma different address and I shouldn't request for SAR , I should request for a comprehensive details of the incident for legal proceedings which I will have to pay for, and I don't pay a problem paying for it.
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