My car has been illegally impounded **Resolved**

[mrh2d1]

I had sent my car to a mechanic to get it fixed. Unfortunately the mechanic and his landlord have had a dispute over the rent lawfully due and the landlord has now decided to lock the garage and has taken the keys to my car. The landlord claims not to have taken anything from inside the garage and only secured the garage with his own padlock.

 

My mechanic has not been able t access the garage and the police have refused my mechanic from re-entering the garage. I am therefore unable to retrieve my possessions.

 

I have agreed with my mechanic that I can have my car back and will not owe them any money. My mechanic was unaware that the landlord had came and taken my keys and locked the garage. I have spoken to the Landlord of the building ad he claims not ot have the keys to my car.

 

In addition the landlord has stated that he will only allow me to have my car back once he is able to obtain a copy of my logbook and drivers license. I have tried to contact him to arrange a date to regain possession of my items and he is giving me the run around.

 

I feel that he is messing me around and I do not believe that he should have a copy of my logbook and drivers license especially as I think he he has the keys to my car and come steal my car at any time in the future if I was to get a spare key cut.

 

My car is now impounded in the garage and the landlord does not appear to be forthcoming in allowing me to regain my possessions. He has told me he will only return my car at a date and time of his discretion. I feel powerless and given that this would appear to be a civil matter I can not even got to the police or can I report him for theft?

 

I want to know what legal action can I take and what part of the law am i protected by.

 

I need to do something asap Can someone help me

[honeybee13]

Hello and welcome to CAG.

 

I've alerted the site team to your thread, so that we can decide which is the best forum for you. Have the police been involved please?

 

My best, HB

[mrh2d1]

I have not notified the police that he refused to return my car yet but i have told the police at the scene that my keys have been stolen and they have taken my details and they have stated that they will relay the matter back to their superior and get back in touch with me.

 

Should I contact the police and inform them that he will not return my car?

[Lookingforjustice]

I would report this as theft. The person taking your keys has no right to deprive you of the lawful use of your possessions nor demand that you satisfy him the car is yours. You can show your documents to the police and ask them to act in retrieving both your car and your keys. If you have suffered any loss from the action of this landlord i.e unable to use the car for your work or business then you can make a claim against him. His actions in effectively retaining property which being a garage he might reasonably expect to belong to third parties is neither lawful, reasonably or proportionate. Have him arrested.....You'll soon get your car back.

[mrh2d1]

thanks I will go to the police today but he is claiming that he does not have my car keys so what do i do about that?

 

and would i lodge a small claim against him in the county court

[slick132]

Moved to Legal Issues forum.

 

Take the log book and photo ID to the local police station and report the car as lost/stolen.

 

Why hasn't the mechanic removed the padlock when able (ie no police around to stop possible criminal damage).

 

You won't know about whether the LL has your keys until the garage is opened.

 

[mrh2d1]

the mechnic went back the next day aftyer the landlord had locked up the garage and removed the apdlock and found that all the keys for the cars had been taken and also some of his personal possessions

 

so it has been going on for a few days and the police have now warned my mechanic that if he goes back in and works form there they will arrest him he has now gone to seek legal advice regarding the eviction but i am left in the middle and I just want to get my car back and the keys the landlord has indicated that he has my keys but in front of the police has said he does not know anything about my kesy

 

he is trying to be clever

[The Mould]

thanks I will go to the police today but he is claiming that he does not have my car keys so what do i do about that?

 

and would i lodge a small claim against him in the county court

 

Yes, see - Tort Wrongful (Interference With Goods) Act 1977

 

Kind regards

 

The Mould

[slick132]

It sounds like the LL has just taken the law into his own hands and locked out the mechanic without going through the proper recognised channels, eg using a solicitor, then the court and then a bailiff or locksmith. Anyway, that's the mechanic's business.

 

The only reason the mechanic would be arrested is for criminal damage to the padlock or breach of the peace if he got angry. However, the police should not be involving themselves as it really is a civil matter between the mechanic and the LL.

 

If the police won't help you quickly, looks like the County Court is the next option.

Edited February 26, 2013 by slick132

[The Mould]

Before you issue any proceedings against this garagelandlord in respect of his wrongful possession of your vehicle in a manner thatis wholly incompatible with your strict legal rights to possession thereof asthe legal owner, you ought to put him on notice as to the same.

Give him a short letter to say that unless he surrenders,releases and delivers up your vehicle that he has taken unlawful possession ofwithin 24 hrs, you will issue proceedings against him for the same pursuant tothe English Tort Wrongful (Interference With Goods) Act 1977 and seek all costsincurred in such recovery action being taken. (I would advise you that theCourt will expect you to have served such notice before issuing any claim)

I hope the foregoing is of help to you in this matter.

Kind regards

The Mould

[mrh2d1]

so essentailly I would need to send a letter before action is there any part of the Wrongful (Interference With Goods) Act 1977 that i would nee dto refer to?

[mrh2d1]

It sounds like the LL has just taken the law into his own hands and locked out the mechanic without going through the proper recognised channels, eg using a solicitor, then the court and then a bailiff or locksmith. Anyway, that's the mechanic's business.

 

The only reason the mechanic would be arrested is for criminal damage to the padlock or breach of the peace if he got angry. However, the police should not be involving themselves as it really is a civil matter between the mechanic and the LL.

 

If the police won't help you quickly, looks like the County Court is the next option.

 

 

i thought the landlord would not need to issue a claim for possession given that it is a commercial property and all they would need to do is serve notice and use certified bailiffs

[The Mould]

i thought the landlord would not need to issue a claim for possession given that it is a commercial property and all they would need to do is serve notice and use certified bailiffs

 

The LL has no lawful right under any statute or common law as to possesion of your vehicle.

 

Further, notwithstanding that we do not have any knowledge as to the contractual relationship between the LL and the mechanic, the LL still has no rights to take possession of your vehicle and it appears that he is acting against the mechanic (his tenant) without following proper procedures.

 

Kind regards

 

The Mould

[The Mould]

so essentailly I would need to send a letter before action is there any part of the Wrongful (Interference With Goods) Act 1977 that i would nee dto refer to?

 

Pardon me, I missed this post earlier

 

Simply state the statute, refer to the case law thereon and unless he surenders, releases and delivers up........

 

Further, as regards your post number#12, certified bailiffs only act on Orders of the Court.

 

Kind regards

 

The Mould

[Lookingforjustice]

If the police do not act on your behalf write to the Chief Constable for your area. The landlord of the commercial garage premises cannot impound your vehicle. If the keys are missing then the police should be forceful with him. You authorised the garage mechanic to have access to your car for whatever purpose you left it at the garage. If you left your keys with the mechanic and he says the landlord took them, which is supported by your dealings with him I think there are reasonable grounds for suspecting he has committed an offence, and arresting him for this offence entitles them to search his home address for stolen goods (yours keys). Equally you cannot break into someone else's property to retrieve them ie the garage. Don't get involved with the landlord/tenant dispute but the landlord is clearly not a reasonable character. If you treat this as a civil matter from the outset the police are unlikely to want to act. So get them to act in the recovery of the theft and go for civil redress once you've got it back.

[steampowered]

Try the police first. At the same time, write a LBA which I think should cover the following points:

 

- Landlord has no right to impound your car. His dispute with the mechanic is not your concern.

- Impounding your car without any legal basis for doing so is the tort of conversion to goods.

- If the landlord does not release your car and return the keys within the next 48 hours, you will bring county court proceedings against him.

- In this proceedings you will be asking for an order that he return the car, damages calculated according to the daily cost of renting an equivalent replacement car for the whole period during which he holds the car, interest on those damages, the court fee and legal costs.

- You have also passed this to the police as theft of your property.

 

If no response received in 48 hours, personally I would start proceedings in the county court right away.

[mrh2d1]

Try the police first. At the same time, write a LBA which I think should cover the following points:

 

- Landlord has no right to impound your car. His dispute with the mechanic is not your concern.

- Impounding your car without any legal basis for doing so is the tort of conversion to goods.

- If the landlord does not release your car and return the keys within the next 48 hours, you will bring county court proceedings against him.

- In this proceedings you will be asking for an order that he return the car, damages calculated according to the daily cost of renting an equivalent replacement car for the whole period during which he holds the car, interest on those damages, the court fee and legal costs.

- You have also passed this to the police as theft of your property.

 

If no response received in 48 hours, personally I would start proceedings in the county court right away.

 

 

thanks I am going to draft the letter tonight once I have gone to the police, i went there to show him my docs and say can he release my car he told me "you will get your car when I am ready" on that note I will go and report him

 

He is still claiming he does not know where my keys are and trying to say they are probably lost in the garage. I told him that I need my stuff back including my keys. He siad you will get it when I am good and ready. The mechanic was half way thorough finishing my car and would have finished putting the car back together by the end of last week if all this had not happened.

 

I told him that if he does not give me back my car and only my belongings I will report him to the police.

 

Will I need to use the N1 claim form or is there a different form. The car is valued at £6500 so it would not amount to a small claim would it its a fast track claim? Either way I would be reclaiming the costs of all work undertaken against him.

 

Thanks for all the help people it is much appreciated

[The Mould]

thanks I am going to draft the letter tonight once I have gone to the police, i went there to show him my docs and say can he release my car he told me "you will get your car when I am ready" on that note I will go and report him

 

He is still claiming he does not know where my keys are and trying to say they are probably lost in the garage. I told him that I need my stuff back including my keys. He siad you will get it when I am good and ready. The mechanic was half way thorough finishing my car and would have finished putting the car back together by the end of last week if all this had not happened.

 

I told him that if he does not give me back my car and only my belongings I will report him to the police.

 

Will I need to use the N1 claim form or is there a different form. The car is valued at £6500 so it would not amount to a small claim would it its a fast track claim? Either way I would be reclaiming the costs of all work undertaken against him.

 

Thanks for all the help people it is much appreciated

 

Serve your letter before action (LBA) on this landlord thief asap and issue your claim against him without delay if he fails or refuses to respond in the positive to your LBA within the time-scale given.

 

If this was my vehicle, I would have issued proceedings last week for recovery.

 

Kind regards

 

The Mould

[mrh2d1]

Serve your letter before action (LBA) on this landlord thief asap and issue your claim against him without delay if he fails or refuses to respond in the positive to your LBA within the time-scale given.

 

If this was my vehicle, I would have issued proceedings last week for recovery.

 

Kind regards

 

The Mould

 

 

the police have spoken to him and the stupid idiot folded folded and told the police he will make arrangements for me to get my car back tomorrow. I will now need to arrange for a recovery truck to come and collect the car and send it to another garage.

 

If he does not give me back my keys with the cars I guess i will should still draft the letter before action in case he continues to act like a moron? so I will be ready eiuther way to lodge my claim

[slick132]

Yes, take the letter with you and be prepared to hand it to the LL in case he's still playing games.

 

Do nothing to bring trouble on yourself and stay calm.

 

If you lose your temper, this may serve only to cause further delay and perhaps more involvement of the police.

 

[Lookingforjustice]

I would still go to the small claims court. The limit will be raised to £10,000 on 1 April but that is not an issue for you. You are not claiming for the cost of the car. You are claiming for the extra costs you have incurred as a result of having your car illegally impounded for the period it was.

 

Also if the keys remain missing the landlord will have to accept responsibility for it because it was through his action you were deprived of them. He made no reasonable attempts to secure them on your behalf. There is no reason you should have to incur the costs of a tow truck to take your car to another garage that again was the landlords fault. If he shuts up a garage without going through due process then he has a more than reasonable expectation he will be harming third parties.

 

When you write your letter tell the landlord that you hold him responsible for all expenses incurred as a result of his action. These will be claimed with interest and court costs. The first form is N1. If you have any doubts call the small claims court or get the CAB Citizens advice bureau to help you fill the form in.

 

If the landlord continues to prevaricate with your car and keys go back to the police and tell them you are not satisfied with their actions. Tell them you will give them an opportunity to put the situation right and deal properly with this individual or you will put in a complaint. This man is being given an opportunity to return stolen goods at his convenience never mind the impact on you.

 

If it was my car I would consider this inappropriate. No wonder individuals resort to violence this is enough to push anyone over the edge. Persevere (don't hit him or get in an argument) keep the moral high ground and tell him his behaviour was unacceptable and unlawful and he needs to remedy the situation by providing you with compensation for the additional costs and inconvenience you incurred or you will be taking him to court and leave it at that.

 

This should also be along the lines of what was said in your letter. Let us know when you get the car back.....

Edited February 28, 2013 by slick132
put in paragraphs to make the post legible

[mrh2d1]

hi he gave the car back the next day and miraculously the keys appeared from nowhere when the police came but it cost me £100 or so pounds to get all my stuff removed to another garage

 

thanks guys im not sure whether it would be cost effective because to lodge the claim would be more than the cost of removal and inconvenience but ill send a etter just in case and see what he says

[Lookingforjustice]

You get your costs and interest on monies owed to you back in the small claims court. I would do it so if he doesn't pay you can get a ccj against him. You deserve to be compensated and for him who is obviously a bully and coward. He was happy to cause an innocent third party as much inconvenience as he could, to cause you unnecessary stress but in the end when confronted with the police to whom he was untruthful to cover his own wrongful actions he backed down. Either you get compensation for your losses or he gets taken to court and if he doesn't pay a CCJ. This guy needs a lesson in how the law is supposed to work instead of taking it into his own hands. I be'd very inclined to give the tenant a witness statement for his case too imagine the poor soul having this guy as a landlord. There's a lawful remedy for landlord/tenant disputes and it just isn't the way this guy has behaved.

[steampowered]

I'm not sure you could claim against the landlord for this £100. You would have had to move the car whether or not the landlord took the keys. No harm in asking though.

[The Mould]

The landlord’s actions in this matter as to interfering withthe contractual relationship between the mechanic and the op make him to beliable for any damages caused to the op thereby pursuant to the principle inLumley v Gye [1853] EWHC QB J73.

Kind regards

The Mould