Car seizure

[plasticpen]

I have an issue with a car of mine that was stored on a car park and then moved. Iam a car trader so the car was not registered in my name and any notices sent did not come through to me.
Iam trying to ascertain the legal state of things,having a car parked on a supermarket car park/premier inn/ beefeater , the actual car park is used by all the customers of each company and was hardly causing them much inconvenience ,at the time I had no choice in putting it there, Health matters,personal problems and a bereavement to contend with

The car stayed there for a few months, and finally it was moved onto a public high way by the owners of either of the companies which one precisely I haven yet found out.The car was then seized by the dvla for having no tax and insurance.
In moving the car to a public high way have the company committed an offence, can I get the police involved,and if the car was damaged can I bring criminal damage charges and theft charges against the company.If moving the car to a public highway,untaxed uninsured ,which researching it says it is,does the DVLA seizure become null and void.
I have a large sum of money tied up in this car,and is not a light matter for me
Any help much appreciated

[wales01man]

Re: Car seizure

Do you know who moved the car?if you do not who would the police go after You did have a choice to leave the car there so hard to find any action you could take against anyove

[ostell]

Re: Car seizure

So you were trespassing on someones private land. A few months is a bit cheeky and it's no surprise that it was removed from the land.

How woukd you feel if someone dumped a car on the drive of your house and just left it there.?

[des8]

Re: Car seizure

You left a vehicle on private car park for several months without asking the owners permission.
Was the owner a limited company or an individual?
Your action makes the Car park owner an involuntary bailee, and he should not dispose of the vehicle without making reasonable attempts to contact the owner.
However the vehicle was not registered to you, so the car park owner could have tried to identify you without success if the previous owner had not notified DVLA of transfer of keeper.
Having done that he could have contacted the local council with a view to having the vehicle removed as abandoned.
If that had been done you could then possibly have been traced by the council who would have pursued you for their costs.
As it is someone had the car removed to the highway.
That person probably was unaware the vehicle was uninsured and untaxed and just got fed up with someone taking the P*** (that's how they probably viewed it!) and moved the car.

If you were able to ascertain who had placed the vehicle on the road,(it might not be the car park owner) and then initiated court action, I suspect you would lose on the basis you brought your downfall on yourself.

Have the DVLA contacted you about this matter

[plasticpen]

Re: Car seizure

Thanks everybody just recovered from Christmas.
It now turns out the car wasn’t actually on the public road when it was seized,it was still on the car park.
Although the DVLA said quite clearly the car was seen on bawtry road and seized there,not the car park.I have just received pictures from the DVLA of the car at the time of seizure showing quite clearly it was still in the car park,so they are contradicting themselves
The previous keeper had not notified the DVLA of change of keeper.If notices of impending action are sent out and not received by the actual owner due to this,where do I stand in legal terms,I cant act on what I don’t know.
Iam pursuing the official DVLA complaints procedure, it feels like being put through a spin dryer and still wet at the end of it. Certainly I was taking the wee wee leaving it in the car park,but there are good reasons for this, mitigating circumstances etc.I was hardly peddling crack cocaine,or robbing banks,just earning a living
At the end of the day this car is £1400 of my hard earned money,if need be Il take it to the court of human rights

[Onestepatatime]

Re: Car seizure

So you really wouldn't mind if someone else parked their car on your driveway for several months and then took you to court for moving it??

i think you need a wake up call

[des8]

Re: Car seizure

If the vehicle was left uninsured in a place to which the public have access at all times without restriction an offence has been committed and the vehicle can be removed.
The local authority can remove such vehicles with agreement of landowner and after trying to contact owner.
Whether or not the DVLA can I don't know!

[plasticpen]

Re: Car seizure

So you really wouldn't mind if someone else parked their car on your driveway for several months and then took you to court for moving it??

i think you need a wake up call

Its hardly the end of some bodys drive,and there are extenuating circumstances,I had hoped for a more intelligent response.
Surely if the owner cannot be contacted,the owner can pursue their own proceedings if the car is moved ie theft.
There was an incident recently at my friends flats where a car was left.A resident took it on himself to have it moved and was prosecuted by the owner successfully

[Onestepatatime]

Re: Car seizure

Ok so you say that many persons/companies use this carpark, is it possible that they may have had permission to use it? Secondly just because someone else uses it doesn’t give you the right to use it.

so I understand your aggrieved as someone has moved your car, however it wasn’t stolen merely removed to a public highway. Yes they could’ve attempted to find the owner, however if you are not the registered keeper them how were they to do that? Perhaps you should approach the owner of the car park and perhaps rent a couple of bays from them? At least this way you and they would know whose vehicle and whom to contact.

[Phaeton]

Re: Car seizure

Surely if the owner cannot be contacted,the owner can pursue their own proceedings if the car is moved ie theft.

Sorry but I think you are being totally unreasonable, you abandon a car for several months, then you are throwing a paddy because they removed it, bearing in mind they had no way of contacting you, which may or may not been deliberate.

There was an incident recently at my friends flats where a car was left.A resident took it on himself to have it moved and was prosecuted by the owner successfully

That is totally different, firstly how did they move it, did they break in? Secondly was it insured, MOT'd & have valid VED?

[des8]

Re: Car seizure

I have just read (further to my post 7) that vehicles parked on public road or PLACES TO WHICH PUBLIC HAVE ACCESS are available to DVLA enforcers.
Haven't yet found the regulations, but that ties in with the rules about insurance.
Do you not have a trader's policy to cover all vehicles in your possession?

[thereisnolaw]

Re: Car seizure

sensible reply..

[thereisnolaw]

Re: Car seizure

Wow this place actually has people who don't just ignore stuff.. as I have realized by reading that the road id only a public road when used by the public.. I.E PLACES TO WHICH PUBLIC HAVE ACCESS.. are you the public?? I think you may have the right to act in the capacity of a member of public or not.. seems like most people just couldn't fathom that there IS a difference..

[thereisnolaw]

Re: Car seizure

i had a situation with police, my car was a bit shit.. it broke down.. I got of the road just in time.. police pulled up be hind me etc.. later they find out I have no license, insurance, mot, tax etc... we established it wasn't stolen at the time I was pulled in some conversation...

they still arrested me or kidnapped me and said, suspicion of theft of vehicle.. this was obviously so they could take the car.. which they did, well actually what they did is call a motor company to contract with them and take possession of it..
theft??

I explained to the police as I have no license or agreement with the DVLA about the Road traffic ACT, Driving, Public Roads Traffic etc.. they can not report me to the DVLA.. and well the can't..

Partly because of the was I conducted my self in interview and when talking to them.. that means no points on any license, no going to court and no prison.. just no car.. I did have the option to go collect, they revoked the daily costs.. but I left the car as it was to far and other reasons.. I also find that you should not pay the police.. what for? unless you sign there stupid contract... ticket whatever you call it.. that they use to create the contract with the motor company and to get you ****ed over by the DVLA .. police practical admitted this to me...

I find by law you should be able to go reposes your car back from the impound.. I contacted the MET about this.. they said.. basically the police have no contract with the DVLA, they wrote up the document but it has never been made law.. what it means is that you don't need a driving license to operate an auto.. DRIVING is a commercial activity as many say it is...

[des8]

Re: Car seizure

Slightly off topic but....Under s 87(1) of the Road Traffic Act 1988 it is an offence to drive a vehicle without a license appropriate to a vehicle of that class
Penalty fine of up to £1000

Under s 143 of the Road Traffic Act 1988 it is an offence to use (or permit to be used) a motor vehicle on a road or other public place when there is not in force in relation to the use of the vehicle such a policy of insurance in respect of third party risks as complies with the Road Traffic Act
Penalty fine of up to £5000

If found guilty in court, the court (not police) award points on licence & report to DVLA

If given and accept an FPN one agrees to the penalty which includes points on licence.