Dismissed employee refusing to return company car

[labman]

Re: Dismissed employee refusing to return company car

The problem is, and BB will know what I'm going to say lol, what he says is absolutely correct in theory. However, in reality bailiffs frequently get away with unlawfully clamping cars and trespass. If you were to phone the police, they are likely to say it is a civil matter - few policemen/women have a detailed knowledge of bailiff law.

I have little doubt there may be odd cases of successful convictions for illegal clamping / removal, but these will be very much the exception to the rule. This is why specialist sites like 'Pepipoo' have one section entitled 'The Law - Theory' and a separate section entitled 'The Law - Reality' The two are very different things.

[IanM]

Re: Dismissed employee refusing to return company car

Does the employee drive it under a company insurance scheme or does he have his own insurance for another vehicle he owns that allows him to drive another car not belonging to him?

If he is insured through the company cancel his insurance and when he next drives it and gets stopped the car will be impounded and then be retrievable by the owner/company upon production of the relevant documentation.

If you are able to cancel his insurance on the vehicle make sure you notify the police the car is being driven by someone with no insurance, he'll soon get pulled over!

Thanks for your reply, tt is a pool car, on a lease through another company, but the employee wasn't paying anything towards the car.

[labman]

Re: Dismissed employee refusing to return company car

Does the employee drive it under a company insurance scheme or does he have his own insurance for another vehicle he owns that allows him to drive another car not belonging to him?

This omits a key final phrase. Personal insurance might allow him to drive another car not belonging to him, with the owners permission.

Clearly he hasn't got the owner's permission here which only serves to strengthen your post.

I fail to believe there is not an easy way to get the car back, either by using a method such as that above, or simply going to get it. In reality if he tried to prosecute for trespass when he had 'stolen' your car, what are the chances of a successful prosecution? Surely the law is not that much of an ass?

[Eloise01]

Re: Dismissed employee refusing to return company car

Being of devious mind... the employee drove the car home. And is keeping it at home. And presumably driving it for personal use? All of which would be an additional tax liability on the employee. And what's the betting that if you thought about it hard, you could think of other occasions were there has been a tax liability incurred in this way? I don't know about anyone else, but I'd prefer to deal with a platoon of bailiffs, backed by a battalion of police officers, rather than one HMRC inspector on a mission to collect taxes I haven't paid! Maybe a pleasant letter explaining that you are about to calculate unpaid tax for the private use of the vehicle?

[enquirer]

Re: Dismissed employee refusing to return company car

What were the terms and conditions of the employees usage/access to the vehicle?

he only had use of the car for the work & meetings undertaken for the business, it wasn't his or part of a scheme, others could use the car when needed.

No private mileage, no exclusive use, others to use as required, no financial contribution, business purposes only. Vehicle owned by a third party. He is on leave.

I would suggest that you can simply take the vehicle, although you should be careful how you do it.

[bluebottle]

Re: Dismissed employee refusing to return company car

The problem is, and BB will know what I'm going to say lol, what he says is absolutely correct in theory. However, in reality bailiffs frequently get away with unlawfully clamping cars and trespass. If you were to phone the police, they are likely to say it is a civil matter - few policemen/women have a detailed knowledge of bailiff law.

I have little doubt there may be odd cases of successful convictions for illegal clamping / removal, but these will be very much the exception to the rule. This is why specialist sites like 'Pepipoo' have one section entitled 'The Law - Theory' and a separate section entitled 'The Law - Reality' The two are very different things.

I am aware of what appears to be complicity on the part of the police, Labman, and you do get some police officers who have taken the trouble to learn bailiff law or their force has taken the step of training their officers in bailiff law. As for a tow truck driver running the risk of having their tow truck seized and destroyed by the courts, that risk is very real and there is nothing to stop Trading Standards Officers (TSOs) getting involved and arranging for the bailiff's tow truck to be taken away from them. Why do you think I advocate reporting bailiff misconduct to OFT Credit Fitness Team and TS? That way, the bailiff company gets a double whammy. Or as my Inspector, in the Met, used to say, "If you can't get the buggers one way, you can always get them another way."