My car sold by garage without my consent

[Tools]

Re: My car sold by garage without my consent

Dont pay them another penny.

You have paid way over the odds over the years. Treat it as stolen and let the Police recover it for you

[Thanetman]

Re: My car sold by garage without my consent

Cool! The cops did say to come back to them if I had any problems

[des8]

Re: My car sold by garage without my consent

Anyway it wasn't with them for storage but restoration/repair,
Since when did garages start charging storage for repair work?
Try billing them for damage to the vehicle whilst it was in their care custody and control.

[Thanetman]

Re: My car sold by garage without my consent

Excellent idea! That might deliver it to my door pretty quick...

[Tools]

Re: My car sold by garage without my consent

And failure to carry out work you have paid for

[Thanetman]

Re: My car sold by garage without my consent

And failure to carry out work you have paid for

Well I've just rung the supposed new owner and now she's claiming she actually purchased the car from said garage that had my car for all those years but that it owes storage money?? I can't see how that can be possible?

[Tools]

Re: My car sold by garage without my consent

Ok, go back to the Police, the simple facts are that she has bought a stolen car, being that it was not the garages to sell.

No more messing about, get the Police to sort it.

The storage money is not her concern, and indeed it isn't yours either.

[des8]

Re: My car sold by garage without my consent

Do as Tools suggests, but expect the police to tell you it is a civil matter.
There are lots of reports on the web of similar cases where the police refuse to act.
And no, I don't understand why they don't act by taking the vehicle into custody while they investigate the theft. After all it is evidence isn't it?
I suspect eventually your best chance will be to track down the current keeper and then sue for return of your goods

[Thanetman]

Re: My car sold by garage without my consent

Do as Tools suggests, but expect the police to tell you it is a civil matter.
There are lots of reports on the web of similar cases where the police refuse to act.
And no, I don't understand why they don't act by taking the vehicle into custody while they investigate the theft. After all it is evidence isn't it?
I suspect eventually your best chance will be to track down the current keeper and then sue for return of your goods

I'll ring them in the morning as it's a bit late at night now. I did record the phone call, a lot of it is static except the bit where she says she's purchased the car and the garage name

She did ask me to send her invoices but the only invoices or proof I've got are a couple of receipts somewhere and the bank statements showing that £4182 was cashed in the space of two weeks and who they we're payable to? I'm hoping they would count as the guy didn't give me invoices. I've got a phone recording of me asking to see my car and the reply "no I'll get it out tomorrow" which was his standard reply for about 2 years.

[des8]

Re: My car sold by garage without my consent

You should have enough to prove in court that your vehicle was stolen, and so good title could not be passed to any subsequent buyer.
Sounds you might have trouble convincing the current keeper.
Good luck, and keep us informed please.

[Thanetman]

Re: My car sold by garage without my consent

It's been passed to a DI for review and he recommends it be dealt with under the Police Property Act - how he explained it is that it goes to court before a judge to determine who is rightful owner but the police pay the cost of it, has any one else heard of this before or how it works?

[des8]

Re: My car sold by garage without my consent

There is a fair amount on the net about the Police Property Act.
The clearest I have found at the moment is this segment taken from ukpolicelawblog.com/2013/05/08/retaining-property-a-legal-minefield/
Where there is a dispute over ownership the easiest (and cheapest) course remains to initiate proceedings in the magistrates’ court under the PPA. There is no point going to the expense and delay of a civil action if it is not actually required. If entitlement to property is then disputed by more than one party in the magistrates’ court, the correct course would be for that court to decline jurisdiction and for the parties to resolve the issue in the county or High Court.In county/High Court proceedings a request must.
be made for the court to add as a party to the case anyone else with a claim to the goods. The goal in any case of potential dispute is to obtain the protection of a court order before returning or destroying property.

[des8]

Re: My car sold by garage without my consent

It seems that when the police have the vehicle in their custody you will have to make a complaint to the magistrates court under the PPA.
There is no standard form for this, so you are best to ask at your local magistrates court for what procedure they expect you to take.
Once the complaint is registered, a summons will be issued to the police, a date fixed for the hearing and the police will have to justify their retention of the vehicle.
If there is more than one person claiming ownership the matter will be referred to county or crown court.

At least that I think is the procedure. If others know otherwise please post up

[Thanetman]

Re: My car sold by garage without my consent

Cheers Des8; I did search the net for information about it but all I got was official legislation which confused the hell out of me! However, if it ends up being a civil claim and I have to get go to court to get my car back does anyone have any idea about court costs? I just want my vehicle back so all the other money I'll forget about about as the guy I paid it to is still in Jail. The person trying who applied for a new logbook for my car has emailed me stating she bought the car two years ago for £1000 and it owes two years storage of £5 a day but she'll compromise on that. Would that mean my car in legal terms is only worth £1000 and the case could be done in a small claims court? Sorry for the questions but this is a minefield for me!

[Tools]

Re: My car sold by garage without my consent

If she "supposedly" bought the vehicle 2 years ago, she can be fined for not registering as the new owner of the vehicle.

If she had bought it, the person who sold it to her was not the owner, you are and you didn't sell it to her did you.

Ignore her bull$hit, you owe no storage charges or indeed anything, speak with the Police immediately.

Have you let the DVLA know not to issue a new V5 as the vehicle has been reported stolen yet?