perksy 11 Posted April 7, 2014 i have to agree with everyone above, if it was me i would see where i stand and have some one for theft and damage to the car i mean them scratches weren't there the other day haaha but really i would have a good look over it and go from there i mean this really does take the **** who gave them the right to take a car that they had no proof belonged to the lady in question and why are they picking on a 90 year old lady pricks Quote Share this post Link to post Share on other sites
anubis 0 Posted April 7, 2014 It's ridiculous. The Police have now closed the case (was it ever open?!) because they say it was a genuine mistake. Hmmmm. It was simple greed on the part of the Council & Solicitors (the old lady's in care, and they're selling her flat & possessions to fund it). Anyway, on with the legal proceedings, which I'm sure will be fun! Quote Share this post Link to post Share on other sites
MarkFoster 0 Posted April 7, 2014 Sue the police too for being complicit in a criminal activity! Unbelievable! Quote Share this post Link to post Share on other sites
GrahamU 6 Posted April 7, 2014 Typical Police action, and they wonder why people lose respect for them Good luck with the legal proceedings Quote Share this post Link to post Share on other sites
Ray1965 10 Posted April 7, 2014 What a bunch of dud brained gits. Agree with legal proceedings but also Id be letting all those story thirsty tabloyd papers know the whole story. Local news TV ETC ETC, Go for it son !! Quote Share this post Link to post Share on other sites
loepan 11 Posted April 8, 2014 shocker, the cops just don't give a monkeys, in there eyes you got your motor back no harm done, I bet if it happened to a cop car it would be a whole different story I would definitely have a good look around the car, did you start claims insurance? make sure that's not going to affect you in anyway Quote Share this post Link to post Share on other sites
Jim 2 Posted April 8, 2014 It's ridiculous. The Police have now closed the case (was it ever open?!) because they say it was a genuine mistake. Hmmmm. It was simple greed on the part of the Council & Solicitors (the old lady's in care, and they're selling her flat & possessions to fund it). Anyway, on with the legal proceedings, which I'm sure will be fun! Unbelievable. Keep us posted with how you get on. Was the car damaged in any way aside from the handbrake being cut? Quote Share this post Link to post Share on other sites
Portent 0 Posted April 8, 2014 Glad its back but incredible that they took it without any checks. Definitely take them to court for every penny it cost you, from fixing the handbrake cable (at a garage), to any bus or taxi costs while your car was unavailable. Check the car over meticulously for damage to wheels and bodywork etc. Quote Share this post Link to post Share on other sites
mic_VR 3 Posted April 8, 2014 What a bunch of dud brained gits. Agree with legal proceedings but also Id be letting all those story thirsty tabloyd papers know the whole story. Local news TV ETC ETC, Go for it son !! Glad you got it back and I agree with Ray. Name and shame the solicitors/council/baliffs, not only for you but for the old dear who's probably spent her entire life paying her bills/taxes etc just for them to screw her over now! Quote Share this post Link to post Share on other sites
Wullie 1 Posted April 8, 2014 It's ridiculous. The Police have now closed the case (was it ever open?!) because they say it was a genuine mistake. Hmmmm. It was simple greed on the part of the Council & Solicitors (the old lady's in care, and they're selling her flat & possessions to fund it). Anyway, on with the legal proceedings, which I'm sure will be fun! Was it an officer at the desk who decided to "close the case" Go back and demand to see a senior officer and push for prosecution. Your car was taken without permission, actual damage caused and you were denied use of your vehicle and suffered distress. Getting the police re-involved will help no end in any private legal action. Quote Share this post Link to post Share on other sites
Portent 0 Posted April 8, 2014 Was it an officer at the desk who decided to "close the case" Go back and demand to see a senior officer and push for prosecution. Your car was taken without permission, actual damage caused and you were denied use of your vehicle and suffered distress. Getting the police re-involved will help no end in any private legal action. Which is all very true but unfortunately if it was a genuine mistake and the car has been returned then no actual crime has been committed and it is a civil matter. They absolutely will be liable for any damage or loss that can be proved but it would be a matter to be followed up through the small claims court (which is actually quite easy to do). Quote Share this post Link to post Share on other sites
Yandards 0 Posted April 8, 2014 Which is all very true but unfortunately if it was a genuine mistake and the car has been returned then no actual crime has been committed and it is a civil matter. They absolutely will be liable for any damage or loss that can be proved but it would be a matter to be followed up through the small claims court (which is actually quite easy to do). Except for criminal damage to the handbrake mechanism? Quote Share this post Link to post Share on other sites
mic_VR 3 Posted April 8, 2014 Ok not quite your exact situation but a lot of information here regarding the law on the responsibilities of the bailiffs, the council or anyone enacting the bailiffs, and the obligations of the police. http://www.dealingwithbailiffs.co.uk/vehicles-cars-tools-of-trade.html A quick read would indicate that under these rules you'd have a pretty strong case for compensation as neither the council or bailiffs themselves have done any due-diligence to ensure the goods were the property of the old lady. In particular I'd read the 'Section 12(2) of the Theft Act 1968' regarding the offence of taking a vehicle without authority. Sounds like a great place to start your letters (always put everything in writing) of complaint. Quote Share this post Link to post Share on other sites
Portent 0 Posted April 9, 2014 Except for criminal damage to the handbrake mechanism? It is damage but I doubt it would be classed as criminal damage. They mistakenly believed it was property they had permission to remove. I'm absolutely not denying they were a bunch of muppets, were probably negligent and that compensation is due and should be awarded in a civil court. But this would not get very far in a criminal court. Quote Share this post Link to post Share on other sites
Yandards 0 Posted April 9, 2014 It is damage but I doubt it would be classed as criminal damage. They mistakenly believed it was property they had permission to remove. I'm absolutely not denying they were a bunch of muppets, were probably negligent and that compensation is due and should be awarded in a civil court. But this would not get very far in a criminal court. Far one, not suggesting I had a good understanding of the law in this case unlike mic_VR who seems to have done some digging.. Quote Share this post Link to post Share on other sites
anubis 0 Posted April 11, 2014 Ok not quite your exact situation but a lot of information here regarding the law on the responsibilities of the bailiffs, the council or anyone enacting the bailiffs, and the obligations of the police. http://www.dealingwithbailiffs.co.uk/vehicles-cars-tools-of-trade.html A quick read would indicate that under these rules you'd have a pretty strong case for compensation as neither the council or bailiffs themselves have done any due-diligence to ensure the goods were the property of the old lady. In particular I'd read the 'Section 12(2) of the Theft Act 1968' regarding the offence of taking a vehicle without authority. Sounds like a great place to start your letters (always put everything in writing) of complaint. Thanks Mic, very useful :) Quote Share this post Link to post Share on other sites
anubis 0 Posted April 11, 2014 In terms of damage, the driver's door (window frame) has been bent out where they tried to break in (and failed), as the seals no longer make proper contact when closed. I've taken photos for evidence. The Estate Agent, Solicitor & Auctioneer all knew what they were doing was wrong... 1. The auctioneer guy I spoke to when collecting the car said he'd remarked in an email to the solicitors 'this is one fast old lady'. 2. An email I've been fwd'd between Estate Agent & Solicitor shows they were confused as to why there was a car in the garage, and no keys. Knowing that they all knew something was odd, and that they didn't conduct any kind of check, with anyone, is damning. Quote Share this post Link to post Share on other sites
dr_mat 0 Posted April 11, 2014 What a mental story! Bunch of idiots! A simple check against the number plate should have been all they needed to do. Let's hope they don't give you grief in getting the door replaced and the car repainted to match. ;) Quote Share this post Link to post Share on other sites
Kevin Bacon 5 Posted April 11, 2014 Same old same old. Authorities and the law working against the innocent. I bet if someone was parked across your drive and you cut their handbrake to move it, the police and compensation lawyer scum would come down on you like a tonne of bricks. Glad you're reunited with the purple terror though. Sing Jason & Kylie's "Now we're back together....." to yourself :D Quote Share this post Link to post Share on other sites
