Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: bimmerfan on December 05, 2025, 08:02:48 pm

Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: DWMB2 on December 08, 2025, 05:55:36 pm
On the @DWMB2 point: there is no real inconsistency. The Met has logged the matter as a crime and given you a crime reference number.
I was mainly checking that this was definitely the case.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 05:51:19 pm
You now need to stop trying to run this case yourself and let Jackson Yamba take over completely. At this stage the situation is far beyond “DIY complaint” territory. You have:

– An ongoing criminal allegation with a crime reference number.
– A certificated enforcement agent who has almost certainly abused his certificate.
– A company that has unlawfully seized and is detaining your vehicle.
– A potential injunction and a substantial civil claim.

Every extra call or email you make directly to LME, PPS, Thames City, or the police risks muddying the waters, creating inconsistent statements, or giving them something to twist. The whole point of instructing Jackson is that he is now your mouthpiece. From here on:

– You should not be phoning the police yourself to “update” the log.
– You should not be arguing law with random call handlers who will just parrot “civil matter” because that’s all they know.
– You should not be contacting LME or PPS at all, other than through Jackson.

On the @DWMB2 point: there is no real inconsistency. The Met has logged the matter as a crime and given you a crime reference number. That means, institutionally, it is being treated as a potential criminal offence. The fact that some call handler on a different day says “it’s civil” just shows that individual has not read the file, does not understand PoFA, and is speaking from habit rather than law. Call centre opinions do not change the legal reality.

The legal reality is this:

– It is only a “civil matter” if the car was seized lawfully under a judgment and warrant.
– Here, there is no judgment and no warrant.
– The clamp and tow therefore fall squarely within s54 PoFA and, on any sensible view, within the Theft Act as well.
– That is criminal. The Torts Act does not rescue them.

What you should do now is very simple:

1. Give Jackson a clear summary of your most recent contacts with the police and LME (including the “civil matter” nonsense and the latest LME email).
2. Tell him you do not intend to have any further direct dealings with anyone and that you want all communication with the police, LME, PPS and Thames City to go through him.
3. If the police call you, take their details and politely say that your legal representative, Mr Yamba, will respond and provide all further information.

You have done more than enough. You’ve gathered evidence, forced a crime report, exposed the misuse of the Torts Act, and identified the enforcement agent and his certification. From here on the best thing you can do to help your own case is step back and let Jackson run it.

For now, I’d keep your focus firmly on your own case now and not get drawn into trying to get involved with someone else’s. It is useful for your solicitor to know that this may not be an isolated incident at Thames City, so do mention to Jackson that you’ve heard of at least one other resident who was clamped and towed with no judgment or warrant and paid £3,000 to get their car back.

Beyond that, I would not go any further yourself. If you manage to identify that resident, the best advice you can pass on is simply that they should get proper legal advice in their own name, ideally from the same specialist you are using. You can tell them you’ve instructed Jackson Yamba at Contestor Legal and suggest they contact him directly with their paperwork and payment history so he can assess whether the removal in their case was as unlawful as yours and whether those losses can be recovered. But you should not try to advise them on chargebacks, complaints or claims yourself – let Jackson deal with that, and keep this thread clear and focused on your case.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 08, 2025, 05:50:17 pm
If the police can fob off Joe Public, and/or otherwise avoid recording crimes that they'd rather not get involved in, and therefore would only serve to make their clear-up rate look more accurate, with tired epithets, then experience says they will.

I do not see any inconsistency in expected behaviour between the police issuing a crime number and the police doing absolutely nothing about it. Unless you can find a big enough drum to bang.

As I understand (without trawling back through the thread to distinguish between what's been suggested, drafted and sent) there is a PSD complaint about inter alia fobbing the OP off with the usual "civil matter" bollox, the obvious (if not immediate in terms of response) option would be to add the latest instance to the complaint.

Personally I would be inclined to issue an LBA/LOC/whatever to Chief Constable (all claims against "the police" are against the office of the Chief Constable), for essentially aiding and abetting the theft of the OP's car. Logically, this would garner one of 3 possible responses - ignore it, persuade them that they might want to join the OP's side, or decide that the OP is the enemy.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 04:59:22 pm
I have also just discovered that another resident at the same Thames City location had their vehicle clamped and towed two months ago. I’m not yet certain whether it was the same contractor, but the resident paid £3,000 to recover their car. They had no CCJs, no court action, and no warrants against them. This strongly suggests that what happened to me is not an isolated incident, and that similar unlawful conduct may have occurred before.

If you can find out who that resident is then it should be possible to recover the £3,000. They should start by contacting their bank along with Action Fraud.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 08, 2025, 04:29:57 pm
These 2 comments seem slightly at odds:
I have finally managed to convince the Police that this is in fact a crime, and not a civil matter, so I have been issued a crime reference number.
Since issuing the crime reference number 2 days ago, have they once again changed their stance? (apologies if already covered)
Yes, I have been issued a crime reference number, so the matter was at least logged as a potential criminal offence.

However, when I called today to update the log with new information about Mr Khoshal Ebrahim’s legal position, the call handler I spoke to insisted again that it was “a civil matter.” He said it could take up to a month before anyone investigates, and he relied entirely on the existence of a “tort notice” despite not even having seen it. He also told me that in his 15 years of policing, this would be treated as civil.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: DWMB2 on December 08, 2025, 04:16:35 pm
These 2 comments seem slightly at odds:
I have finally managed to convince the Police that this is in fact a crime, and not a civil matter, so I have been issued a crime reference number.
Current status
- Police treating this as a civil matter despite repeated attempts of convincing them otherwise.
Since issuing the crime reference number 2 days ago, have they once again changed their stance? (apologies if already covered)
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 08, 2025, 04:10:38 pm
Haha yes, that was me doing the instructing, not LME suddenly having a change of heart and hiring a solicitor for me.

Current status
- LME has frozen storage costs but still want £575 to get my vehicle back.
- PPS denies having anything to do with the towing of vehicle, saying its down to landlord of property who issued tort notice, (yet LME wants payment for PPS PCNs)
- Police treating this as a civil matter despite repeated attempts of convincing them otherwise.

I have also just discovered that another resident at the same Thames City location had their vehicle clamped and towed two months ago. I’m not yet certain whether it was the same contractor, but the resident paid £3,000 to recover their car. They had no CCJs, no court action, and no warrants against them. This strongly suggests that what happened to me is not an isolated incident, and that similar unlawful conduct may have occurred before.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 03:38:41 pm
Hopefully just before he "instructed" Jackson!
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 08, 2025, 03:36:16 pm
I replied to LME Services using what you said b789 and here is their reply:

Dear Mr

Conversion is when the involuntary bailee uses the goods for their own use, this is clearly not the case.
We have also notified the Police of its removal and the reason why.

The offer still stands as we are closing this week for the holidays.

To arrange release of your goods, please call: 0208 248 0063

I have now instructed Jackson Yamba to initiate proceedings.

I assume that the first person reference indicates that *you* have instructed everyone's favourite poacher turned gamekeeper, rather than the author of the letter going from the third person to the first to indicate that he personally has done that?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 03:29:11 pm
Any response should now come from Jackson, although you can suggest to him that he should warn them of any additional financial consequences they risk by not complying with a reasonable request, such as obtaining equivalent replacement transport until your property is returned.

What you can do is send him a short instruction along these lines:

Quote
Hi Jackson,

Just to update you, LME have now replied again. They maintain that there is no conversion and repeat their offer to release the car for £575 as they are ‘closing for the holidays’. I have attached their latest email.

Given my reliance on the car for daily use and work, I would like any further response from you to make it absolutely clear that:

1. Their continued refusal to return the vehicle unconditionally is causing ongoing loss, and
2. I will be seeking recovery not only of any sum I am forced to pay to get the car back, but also all consequential losses – including the cost of any equivalent replacement transport (hire car, taxis, etc.) that I reasonably have to incur while my car is withheld.

In other words, they have now been warned that every extra day they sit on my car increases their financial exposure. If you think it appropriate, please spell this out in your next email/letter, so there can be no doubt that they are on notice of the additional damages they are inviting.

Thank you, and I will follow your lead on all further communications with LME, PPS and the landowner.

That puts Jackson on clear notice of what you want him to press as additional financial consequences, without you writing directly to LME.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 08, 2025, 03:24:38 pm
An injured party is expected to take reasonable steps to minimise his losses (that he is seeking to recover).

In particular, an injured party cannot expect to recover extortionate hire car charges if he could reasonably have minimised that loss by buying and subsequently selling an alternative vehicle - exception being impecuniosity - if he lacks the means to do so, and if hiring an extortionately expensive car is the only way to do what he reasonably needs to do, then so be it.

Put simply, would a reasonable person (ignoring the unreasonable behaviour of the other party) have done so if he were not intending to recover the cost from the other party? That said, nobody would expect you to walk barefoot to avoid incurring consequential losses that you expect to recover.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 03:17:33 pm
Whilst I'm working on the assumption that this is a joke, for obvious reasons please don't actually respond with that.
[/quote]

Sorry - yes - it was a joke - Bloody tempting though it is, please don't sent it.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: DWMB2 on December 08, 2025, 03:13:10 pm
"Feel free to close for Christmas. If my car is not back on my drive by 12 noon tomorrow then I will be hiring an equivalent vehicle cost of which I will shall recovering from yourselves (rough cost £400 per day). So feel free to take a few weeks off and enjoy the holiday's"  :)  :)  :)
Whilst I'm working on the assumption that this is a joke, for obvious reasons please don't actually respond with that.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 03:11:52 pm
"Feel free to close for Christmas. If my car is not back on my drive by 12 noon tomorrow then I will be hiring an equivalent vehicle cost of which I will shall recovering from yourselves (rough cost £400 per day). So feel free to take a few weeks off and enjoy the holiday's"  :)  :)  :)
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 02:27:30 pm
Their reply is legally illiterate and actually helps you.

First, their definition of conversion is simply wrong. Conversion is not limited to “using the goods for their own use”. It covers any deliberate dealing with someone else’s goods that is inconsistent with the owner’s rights, including seizing, detaining, withholding, moving, or disposing of them. Clamping your car, towing it away, refusing to return it unless you pay, and threatening sale are all classic examples of conversion. They have openly admitted doing exactly that.

Second, saying “we have notified the Police of its removal and the reason why” is meaningless. The police already know it was removed; you have a crime reference number and the Met has accepted that an offence has been committed. Telling the police “we removed it because of the Torts Act” just puts their bogus legal justification on record as evidence against them. It does not cure the lack of lawful authority, it just hardens the proof that they have none.

Third, the “we are closing this week for the holidays” and “the offer still stands” line is nothing more than pressure. It confirms that this is a ransom demand. They are trying to leverage the holiday period and your need for the car to force payment. That will look very bad in front of any judge.

The important thing now is that you have instructed Jackson Yamba. That is absolutely the right move. From this point:

– Let Jackson take the lead on all contact with LME, PPS and the landowner.
– Do not call their number. Keep everything in writing and let your legal representative handle it.
– Preserve all emails and notices; they are excellent evidence of deliberate unlawful interference and a complete misunderstanding (or misrepresentation) of the law.

In short, their latest response doesn’t weaken your case in any way. It reinforces that they do not understand conversion, have no lawful authority, and are relying on an obviously wrong reading of the Torts Act. Have you informed Jackson of this response?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 08, 2025, 02:18:06 pm
I replied to LME Services using what you said b789 and here is their reply:

Dear Mr

Conversion is when the involuntary bailee uses the goods for their own use, this is clearly not the case.
We have also notified the Police of its removal and the reason why.

The offer still stands as we are closing this week for the holidays.

To arrange release of your goods, please call: 0208 248 0063

I have now instructed Jackson Yamba to initiate proceedings.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 02:08:43 pm
A person on whose land a trespassing vehicle is parked is an involuntary bailee.
@Andy, does the act allow for trespass as opposed to abandonment?
in the act of trespass is there a recognised time scale for the goods (vehicle) to be occupying the property before the involuntary  bailee can issue a tort notice?

A landowner or occupier becomes an involuntary bailee when someone else’s goods are left on their land without permission, including a vehicle parked in trespass. That simply means they must take reasonable care of the goods while they remain there. It does not give them any power to seize, immobilise, tow, detain or sell the goods. Trespass does not turn into abandonment, and a vehicle that is taxed, insured, maintained and in regular use is never abandoned in law. Abandonment requires a clear intention by the owner to permanently give up all rights in the property, which courts are extremely reluctant to infer.

The Torts (Interference with Goods) Act 1977 does not create any powers to deal with trespass. It only sets out procedures that apply when someone is already in lawful possession of goods. Trespass does not create lawful possession. Immobilising and towing a vehicle may show factual possession, but it does not magically convert unlawful possession into lawful possession for the purposes of the Act. You cannot seize goods unlawfully and then rely on the Act to justify disposal. The Act only applies to goods that were lawfully acquired or genuinely abandoned and left uncollected after proper notice. It cannot be used to enforce private parking charges or to punish trespass.

There is no statutory time period for how long goods must be on land before a tort notice can be issued. But that does not help LME because the starting point is that the Act cannot be used at all unless the bailee already has lawful possession. A trespassing vehicle does not give the landowner lawful possession for the purposes of the Act, and seizing the vehicle to create possession is itself unlawful. Therefore the entire tort notice process fails at the first step.

Overall, LME’s argument that the Torts Act allowed them to clamp and tow a trespassing vehicle is legally hopeless. Trespass does not amount to abandonment. Trespass does not authorise seizure. Trespass does not give lawful possession. And the Act does not create any enforcement power. Their use of immobilisation and towing is unlawful regardless of any supposed nuances about involuntary bailment.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 02:04:42 pm
Given the developing situation with regard to Mr Khoshal Ebrahim's true legal position, the OP should update the crime reference log at Met Police so they are aware of the circumstances which led to their officers being taken advantage of.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: mickR on December 08, 2025, 01:58:54 pm
A person on whose land a trespassing vehicle is parked is an involuntary bailee.
@Andy, does the act allow for trespass as opposed to abandonment?
in the act of trespass is there a recognised time scale for the goods (vehicle) to be occupying the property before the involuntary  bailee can issue a tort notice?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 01:17:23 pm
You should also start the process of getting their supposed "enforcement agent", Khoshal Ebrahim sanctioned. In practice, complaints about a certificated enforcement agent go back to the County Court that issued the certificate – in this case Hertford County Court. The judge who granted or last renewed the certificate has power to suspend or revoke it if the agent is unfit or has abused their powers.

Here is what you should do, step by step.

1. Gather the key information

You need to have all of this ready:

– Full name of the enforcement agent: “Khoshal Ebrahim” (as per the register).
– Certificate details: certificated by Hertford County Court, valid from 16/04/2025 to 15/04/2027, employed by Newlyn Plc.
– Evidence of misconduct:
• Photos of the clamp and tow.
• Copies of the 7 Day Tort Notice, Warning of Immobilisation, Notice that Goods Have Been Secured, etc.
• LME’s emails admitting reliance on the Torts Act as “lawful authority” and offering the “Christmas” reduction to £575.
• Any correspondence notices showing he acted for LME Services, not Newlyn.
• The crime reference number and a short note of the police accepting that an offence has been committed.

2. How to send the complaint

Complaints are made by written application to the court that issued the certificate. There isn’t a fancy form
– you write a witness statement or detailed letter and send it to “The Manager” or “The District Judge” at Hertford County Court, clearly marked as:

“Complaint regarding certificated enforcement agent – Mr Khoshal Ebrahim”

You send it by post (first class and a free Proof of Posting certificate form any post office) to PO Box 373, Hertford SG13 9HT and ideally also by email to enquiries.hertford.countycourt@justice.gov.uk and CC hello@lmeservicesltd.co.uk, contact@newlynplc.co.uk and yourself.

3. What to say – structure of the complaint

The complaint should:

– Identify the enforcement agent and certificate.
– Explain who you are and your connection to the case.
– Set out the facts clearly and chronologically.
– Explain why his conduct is a misuse/abuse of his certificate and contrary to the Taking Control of Goods regime.
– Ask the court to list the matter for a hearing to consider suspension or revocation of his certificate.

Here is a draft you can adapt:

Quote
For the attention of:
The District Judge/Court Manager
Hertford County Court
Shire Hall
Fore Street
Hertford
SG14 1DF

Complaint regarding certificated enforcement agent – Mr Khoshal Ebrahim

I, [full name], of [address], make this complaint regarding the conduct of Mr Khoshal Ebrahim, a certificated enforcement agent whose details appear on the Certificated Enforcement Agent Register as follows:

– Name: Khoshal Ebrahim
– Court of certification: Hertford County Court
– Certificate period: 16 April 2025 to 15 April 2027
– Employer: Newlyn Plc

I understand that Hertford County Court has power to suspend or revoke his certificate if satisfied that he is not a fit and proper person to hold one or has abused his position. I respectfully submit that his recent conduct demonstrates serious misuse of his certificate and unlawful enforcement behaviour.

Background

1. I am the owner and keeper of a BMW 530e motor car, registration [VRM].

2. Private Parking Solutions (London) Ltd (“PPS”) has issued a number of disputed Parking Charge Notices in respect of the vehicle. No County Court claim has been issued, no judgment obtained and no warrant of control has been granted in respect of these PCNs.

3. On 5 December 2025 my vehicle was clamped and then removed from the private access road at Thames City, Carnation Way, London SW8 5GZ by an operative of LME Services Ltd (“LME”). The clamp was applied and the removal carried out in the presence of Metropolitan Police officers. I attach photographs.

4. A “Warning of Immobilisation” notice dated 05/12/2025 was placed on the vehicle, giving the company name LME Services Ltd and naming the person involved as “K. Ebrahim” described as an “Enforcement Agent”. This notice stated that the vehicle was immobilised because it was “trespassing and/or abandoned on private land”. I attach a copy.

5. A further document entitled “Notice that Goods Have Been Secured and Notice of Intention to Sell Goods” purporting to rely on section 12 of the Torts (Interference with Goods) Act 1977 was left. It demanded a “release fee” of £5,325 (broken down as 29 private parking charges plus a “removal truck fee”) and £40 per day storage, and threatened that my vehicle would be sold after three months. I attach a copy.

6. At no time have I been provided with any County Court or High Court claim number, judgment, warrant of control, writ of control or any other enforcement authority. No such warrant exists. The seizure was not carried out pursuant to any court order.

7. Following complaints, LME have now written to me admitting that they rely entirely on the Torts (Interference with Goods) Act 1977 as their “lawful authority” to remove vehicles, and offering to return my vehicle on payment of a “keyless removal truck fee” of £575 “in the spirit of Christmas”. They no longer seek to enforce the alleged parking charges. I attach a copy of their email.

8. I have separately confirmed via the Certificated Enforcement Agent Register that Mr Khoshal Ebrahim is certificated by Hertford County Court only in connection with his employment with Newlyn Plc for the period 16 April 2025 to 15 April 2027. LME Services Ltd is a different company and there is no suggestion that Newlyn Plc is involved in this matter.

Misconduct

9. On the above facts, I say that:

a) Mr Ebrahim has held himself out as an “Enforcement Agent” enforcing alleged debts when there is no judgment and no warrant of control. He has therefore used his certificated status to give a false impression of enforcement powers he does not possess.

b) He has purported to exercise powers of taking control of goods and removing goods in the complete absence of any lawful authority under the Tribunals, Courts and Enforcement Act 2007 and its Regulations.

c) He has relied on the Torts (Interference with Goods) Act 1977 as if it provided him with a power to seize goods, which it plainly does not. The Act deals with disposal of goods already in a bailee’s lawful possession and does not override section 54 of the Protection of Freedoms Act 2012 (which criminalises clamping and towing on private land without lawful authority).

d) He appears to have carried out enforcement activity on behalf of LME Services Ltd, a company other than his certificated employer Newlyn Plc. If that is correct, he has acted outside the scope of the employment for which his certificate was granted.

e) His actions have resulted in the unlawful immobilisation, removal and detention of my vehicle and a continuing demand for payment as a condition of its return.

10. I have reported the matter to the Metropolitan Police. They have accepted that a criminal offence has been committed and have issued a crime reference number: [crime ref]. The police are investigating offences including unlawful immobilisation/removal of a motor vehicle on private land and theft of a motor vehicle.

Outcome sought

11. In the circumstances, I respectfully request that Hertford County Court lists this complaint for consideration by a District Judge with a view to:

a) Investigating the conduct of Mr Khoshal Ebrahim as set out above; and

b) Suspending and/or revoking his enforcement agent’s certificate on the basis that he has abused his position and is not a fit and proper person to hold a certificate.

12. I am willing to attend a hearing and give evidence, and I can provide any further documents the court may require. I would be grateful if the court would acknowledge receipt of this complaint and inform me of the next steps.

Statement of truth

I believe that the facts stated in this complaint and the attached documents are true.

Signed: [full name]
Dated: [date]

– Attach copies of all relevant documents, paginated.
– Keep the tone firm but measured – you are helping the judge, not ranting.
– Send a copy of the complaint to LME and to Mr Ebrahim (care of Newlyn Plc) after filing, so nobody can say they were ambushed.
– Keep proof of postage and any email acknowledgements from the court.

That is the process. Once the complaint is lodged, it is up to the Hertford DJ to decide whether to list a hearing. The fact pattern here is strong enough that the court is likely to take it seriously.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 08, 2025, 12:57:01 pm
A person on whose land a trespassing vehicle is parked is an involuntary bailee. In that context possession/control can be considered to be either passive or active.

The fact that they immobilised and removed the OP's vehicle is far stronger evidence that they took possession (active) than some (IMHO) misguided nuance in a legal term. Never give a mendacious party anything they can turn into a smokescreen.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 08, 2025, 12:49:39 pm
Perhaps the oldest legal adage (other than the potentially more aposite "possession is nine tenths of the law") is that you "cannot sue a straw man".

Apart from the apparent strength of your case, the other relevant question is the likelihood of the defendant either satisfying the judgment, or failing that having goods that can readily be seized and sold in order to satisfy the judgment.

Vicarious experience tells us that there is little point in suing a common or garden knuckle dragging clamper. Are any of the parties potentially in the cross-hairs vulnerable to having a CCJ against them?

N.B. Quite farcically, as regards self-help by removing an unlawfully applied wheel-clamp by cutting off the padlock, the Court of Appeal decided that the proper course of action would be to pay under protest and sue the clampers to get the money back. If I was ever involved in a case where that came up, my opening gambit would be to ask if anyone intended to pretend that that was in any way good law. That said, my track record in private parking cases is arguably the worst in history.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 12:47:21 pm
Send the following response to LME immediately:

Quote
Subject: Immediate Return of Stolen Vehicle – Further Action Imminent

LME Services,

Your latest email confirms beyond any doubt that you have unlawfully seized my vehicle and are now attempting to justify it with a completely fabricated interpretation of the Torts Act. Let me be absolutely clear: everything you have done is illegal, and you are now in very serious trouble.

You have admitted in writing that you removed my vehicle without a warrant, without any judgment, and without any lawful enforcement authority. Your claim that the Torts (Interference with Goods) Act 1977 gives you power to seize goods is false. It is a blatant misrepresentation of the law and will be used as evidence of deliberate wrongdoing.

You also describe yourselves as “involuntary bailees”, which is an admission that you took possession of the vehicle without lawful authority. That is not bailment – it is conversion. It is an unlawful interference with goods. It is also a criminal offence under section 54 of the Protection of Freedoms Act 2012. The police have already accepted this and issued a crime reference number.

In addition, I have checked the enforcement agent register. Mr K. Ebrahim is certificated by Hertford County Court only in connection with his employment for Newlyn Plc. He is not authorised to carry out enforcement action for LME Services Ltd. Even if he were, he cannot lawfully seize any goods without a warrant of control — which does not exist. Acting outside the scope of his certificate is professional misconduct and I am now reporting him to Hertford County Court for abuse of his position.

Your claim that you can demand a “Removal Truck Fee” is absurd. You created that alleged charge by committing the unlawful act yourselves. Offering a “Christmas reduction” from £5,325 to £575 only proves you know you have been caught and are scrambling to minimise the consequences.

Here is what is going to happen:

1. You will immediately confirm the exact location of my vehicle.
2. You will immediately confirm that it will not be sold, damaged, or interfered with.
3. You will immediately return the vehicle to me.
4. You will cover the cost of returning it.

If you insist on demanding £575, understand that I regard that demand as further unlawful coercion. Because I require the vehicle for work, I may pay the £575 strictly under protest, solely to recover my property and mitigate loss. That payment will be used as further evidence of your illegal activities and will be recovered in full through the courts along with damages and costs.

If the vehicle is not returned immediately and in full, intact condition, I will:

– issue a County Court claim without further notice;
– seek an injunction and full damages;
– escalate my criminal complaint; and
– pursue all regulatory bodies involved.

You are now on notice. I expect a response today.

[Name]
[Address]
[Contact details]
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 12:43:44 pm
FWIM, I don't see how it can be 'theft' because the person who has possession does not intend to permanently deprive the owner of their goods* but rather to release on payment of the stated sum. IMO, it's certainly a crime(bp listed several possibilities), but not theft.

I hope the OP has secured legal advice.

*- interestingly, the 'Torts' notice made no reference to a release fee, but to removal and scrapping(OP, this word is blurred, is it scrapping?) but the second notice does.

Permanent removal of the vehicle is definitely mentioned in the various notices served at the scene - either selling or destroying the vehicle is permanently depriving the owner of its use?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 12:33:17 pm
Update, (good news) LME have replied to my email with this reponse:

Thank you for your email in regards to your goods being removed.
Thames City have an obligation to keep that access road clear as there is a high volume of heavy goods vehicles traffic from neighbouring locations, which is why they operate a no parking policy on that access road.
By leaving your goods there you are causing distress and disruption to the lawful use of the land, the tort notice issued to your goods does clearly state that you must permanently remove your goods from the land.
Since then you have continued to leave your goods on the land without permission.
The involuntary bailee is entitled to secure goods that have incurred charges, i.e a removal truck.
No goods are exempt from TIGA 1977
TIGA 1977 provides lawful authority to remove goods. 

In the spirit of Christmas as we are closing down for the holiday season soon, we will only charge you the Keyless Removal Truck Fee.

Amount: £575.00

Is the best option now to pay under protest and then sue?

You need pay nothing.

You could point out that they illegally clamped your vehicle which prevented you from moving it yourself.

Furthermore, they only served you with the notice moments before removing it.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 12:31:25 pm
I specifically gave you contact details for Jackson Yamba. Have you not made contact with him yet? you appear to be relying on the advice given here which is not complete legal advice. We are not solicitors.

The email from LME is actually fantastic news for you. It confirms in writing that they have no lawful authority for what they did and that they are relying entirely on a completely false interpretation of the Torts Act. In other words, they have now provided you with written evidence that what they did was unlawful.

Their email admits several things that destroy their position. They claim the Torts Act gives them “lawful authority” to remove goods, which is legally wrong. The Torts Act only deals with disposal of genuinely abandoned goods that the bailee already holds lawfully. It gives no power at all to seize anything, and certainly not to enforce private parking charges. They also claim that “no goods are exempt” from the Act, which is nonsense. The question is not exemption but the total absence of any lawful seizure power. They likewise claim that they are the “involuntary bailee,” but you cannot become a bailee by unlawfully seizing someone else’s property. This admission effectively confirms that they know they took your car without a warrant and without legal authority.

Their collapse from £5,325 to £575 is the clearest sign yet that they know they have been caught out. If they believed for a moment that their actions were lawful, they would not be dropping the alleged debt by nearly ninety percent. They are now trying to save face and salvage the situation before the police close in further. It is also obvious that they understand the clamp and tow are being treated as a crime by the police.

At this point you really have two realistic options. One is to push the police to act immediately on the criminal side: tell the investigating officer about this email, tell them LME are admitting reliance on the Torts Act and demanding £575 to release a car they unlawfully seized, and make clear that they are continuing to detain property that they know they have no right to. That might encourage the police to intervene directly, but relying entirely on police urgency is unpredictable.

The other, and more practical option given that you need the car now, is to pay the £575 strictly under protest and then sue. Before paying, you must send them an email stating clearly that payment is being made under protest, without admitting liability, solely to recover your car, and that you will be pursuing full recovery of the money and damages. This protects you completely. Once the car is safely back in your possession, you can bring a civil claim for the £575, loss of use, and any other losses. Your prospects of winning that claim are extremely high based on everything they have written, what the police now accept, and the clear lack of any lawful authority for the tow.

In short, the LME email confirms you are in the stronger position legally. If you need the car urgently, paying under protest and suing afterwards is now a clean and effective strategy.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 12:26:09 pm
The PCNs are irrelevant unless PPS had already issued a county court claim, obtained a CCJ against the OP, and then applied for a warrant of control. Without that sequence, nobody has lawful authority to clamp, tow, or detain the vehicle. The fact that the OP received the original PCNs means PPS had a valid address for service. If the OP never received any claim form or judgment paperwork, then no claim was ever properly served and no enforcement power could possibly arise. In short, no warrant means no enforcement.

LME’s entire position depends on whether they had any lawful power to act. Nothing in the Torts (Interference with Goods) Act gives any power to seize a vehicle. It can only be used by a bailee who already has lawful possession of abandoned goods, and even then it only authorises disposal after proper notice. It cannot be used to enforce private parking debts, cannot be used to justify wheel clamping, and cannot be used to justify towing a vehicle being actively used by its owner.

The position of Mr K Ebrahim now makes the situation worse for LME, not better. He appears on the official Certificated Enforcement Agent register as “Khoshal Ebrahim”, certificated by Hertford County Court for the period 16/04/2025 to 15/04/2027. Crucially, the register lists him as certified specifically in connection with his employment by Newlyn Plc. Certification does not grant general enforcement powers. It only means he is authorised to act as an enforcement agent when he is executing a valid warrant of control and when he is acting within the scope of the employment for which he was certified.

If Mr Ebrahim carried out the clamp and tow while acting for LME Services Ltd, he was not acting as an enforcement agent under the employment named on his certificate. That alone is potential misconduct. More importantly, even if he had been acting for Newlyn, he still cannot lawfully seize a vehicle unless a warrant of control has been issued by the court following a CCJ. No such warrant exists here.

A certificated enforcement agent without a warrant has no enforcement powers whatsoever. He cannot lawfully clamp, tow, detain, or threaten to sell any vehicle. Certification carries an expectation that he knows the limits of his lawful authority. Misusing a certificate to give the impression of enforcement powers he does not have is not excused by ignorance and is grounds for a complaint to the County Court that issued his certificate.

As things stand, publicly available records do not show any link — corporate or contractual — between LME Services Ltd and Newlyn Plc. That lack of linkage is significant: it means LME cannot credibly claim Newlyn’s status or rights, and Mr Ebrahim’s certification under Newlyn does not legalise LME’s clamp/tow actions. There is no evidence to support any corporate or operational affiliation between them.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: DWMB2 on December 08, 2025, 12:14:44 pm
Quote
Is the best option now to pay under protest and then sue?
Have you taken up our suggestion of contacting a suitable solicitor? If so, see what they say.

At face value, reducing their demand from £5k+ to £500 "in the spirit of Christmas" doesn't sound like the actions of someone who is confident in the legal basis of their demands.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: mickR on December 08, 2025, 12:12:11 pm
just going back the the "tort notice" they are/will rely on.
the landlord in order to lawfully issue it they are required to make all reasonable attempts to contact the owner of the goods
bearing in mind that the OP's contact details were known to them vis DVLA then is attaching a notice the vehicle and not sending it the the last known address still a lawfully serving of the notice?
also, I seem to remember when I served one I had to include clearly my name and address, the Bailee's address doesn't appear to be on the notice posted.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 08, 2025, 12:02:30 pm
Update, (good news) LME have replied to my email with this reponse:

Thank you for your email in regards to your goods being removed.
Thames City have an obligation to keep that access road clear as there is a high volume of heavy goods vehicles traffic from neighbouring locations, which is why they operate a no parking policy on that access road.
By leaving your goods there you are causing distress and disruption to the lawful use of the land, the tort notice issued to your goods does clearly state that you must permanently remove your goods from the land.
Since then you have continued to leave your goods on the land without permission.
The involuntary bailee is entitled to secure goods that have incurred charges, i.e a removal truck.
No goods are exempt from TIGA 1977
TIGA 1977 provides lawful authority to remove goods. 

In the spirit of Christmas as we are closing down for the holiday season soon, we will only charge you the Keyless Removal Truck Fee.

Amount: £575.00

Is the best option now to pay under protest and then sue?

Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 08, 2025, 11:52:54 am
As already mentioned, I have sought legal advice based on what we know. That advice (a District Judge no less) agrees that it is "theft". I have put the OP in contact with Jackson Yamba who has agreed to consider taking this on or at least referring it to a suitable solicitor to get an injunction against LME. So, real legal advice is on offer.

Back to my untrained but experienced knowledge that there is a very strong argument that what LME have done fits the Theft Act definition, but in law it is not quite as “pure and simple” as it feels, because of the way “dishonesty” works.

The legal test for theft under the Theft Act 1968 is:

1. Appropriation
2. Of property
3. Belonging to another
4. Dishonestly
5. With the intention of permanently depriving the other of it.

On the facts as we know them so far:

– LME have clearly appropriated property: they physically took the car and now control it.
– It is property, and it belongs to the OP.
– They are demanding a ransom and threatening to sell it. That is very strong evidence of an intention to permanently deprive the owner, or at least to treat the car as their own to dispose of regardless of the OPs rights (which also satisfies the Act).

So the only real legal argument is about “dishonesty”.

This is where it stops being “pure and simple”. Section 2 of the Theft Act says a person is not dishonest if they honestly believe they have a legal right to deprive the other of the property, even if that belief is unreasonable. LME will say: “We believed we had a legal right under the Torts (Interference with Goods) Act and under the contract with the landowner to remove and hold the vehicle for these debts.” That belief can be utterly wrong in law, but if a court or jury accepted that it was genuinely held, it defeats theft.

That is why my relative, the District Judge, quite reasonably describes it as “straightforward theft on the facts”: to an experienced judge it looks like exactly that – taking someone’s car with no lawful authority, keeping it until they pay, and threatening sale. But the criminal law still has to grind through the section 2 “honest belief” point. The police and CPS will often shy away from charging theft in civil-flavoured disputes because of that, even where a judge looking at it in the round calls it “obvious theft”.

Crucially, the PoFA offence does not have that complication. Section 54 PoFA and wrongful interference with goods/conversion in civil law do not turn on proving dishonesty; they turn on the absence of lawful authority and on possessory rights. Here, there is no judgment, no warrant, no statutory power. On that basis:

– It is almost certainly a criminal offence under section 54 PoFA.
– It is almost certainly a civil wrong in conversion/wrongful interference with goods.
– There is a powerful argument that it is also theft, but whether the police/CPS run with “theft” as the charge will depend on how much weight they give to the supposed “honest belief in a legal right”.

So: morally and practically, it looks and feels like theft. Legally, there is a strong case for theft, but it is not quite as clean-cut because of the way the honest-belief defence to dishonesty works. That is why it makes sense to keep pushing both angles with the police (theft and PoFA) while using conversion/wrongful interference and an injunction in the civil courts.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: H C Andersen on December 08, 2025, 11:10:05 am
FWIM, I don't see how it can be 'theft' because the person who has possession does not intend to permanently deprive the owner of their goods* but rather to release on payment of the stated sum. IMO, it's certainly a crime(bp listed several possibilities), but not theft.

I hope the OP has secured legal advice.

*- interestingly, the 'Torts' notice made no reference to a release fee, but to removal and scrapping(OP, this word is blurred, is it scrapping?) but the second notice does.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 08, 2025, 07:33:57 am
It's theft 100%.

It also sounds like something of a set up - having the outdated tort notice to hand followed by a bailiff attending so quickly smells of a pre planned scheme of some kind.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 07, 2025, 07:45:42 pm
The BPA are a members club, who ostensibly exist solely to protect their paying members' interests (and less ostensibly to protect their own). Historically, they have somewhat begrudgingly applied minor sanctions to paying members who have done something so egregious that if they aren't seen to act, Government might be forced to do so. Members who are substantially in arrears tend to get binned for often less egregious acts. They are not a regulatory body, and do not act like one, regardless of how hard that DVLA tries to pretend that they can abdicate their responsibilities.

However, to be fair to the BPA, this is what trade bodies do, and compared to the IPC they are the love-child of Mother Teresa and the Dalai Lama.

Point being that in order to get the BPA to attack rather than defend their own member, it needs to be clear to them that they have no choice, or otherwise that protecting that particular member's interests is likely to harm their own interests.

Similarly, the DVLA as a self-contained department, is very keen on the ability to self-fund by selling keeper data at £2.50 a pop on the somewhat shaky grounds of automatic reasonable cause by dint of being an AOS member, and claiming that regulatory issues are down to the AOS.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 07, 2025, 07:05:55 pm
That makes a lot of sense, and I appreciate the explanation. If LME were acting purely on instructions from the landowner and not PPS, then PPS themselves might try to argue they are not responsible. However, because LME’s demand includes the 29 PPS-issued PCNs, it strongly suggests PPS are involved in or connected to this enforcement, which brings BPA compliance issues firmly into play.

If the landowner had instructed LME independently, I would expect the demand to relate solely to trespass/nuisance or alleged abandonment, not to 29 PPS parking invoices with itemised amounts copied directly from PPS’s own PCNs.

This suggests PPS are either complicit or are at least allowing their accredited status to be used to justify what looks like an unlawful workaround of PoFA.

If PPS did not authorise this, then LME appear to be enforcing PPS’s charges without authority, which is a separate and very serious issue for BPA and DVLA.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: H C Andersen on December 07, 2025, 05:50:59 pm
Thanks very much.

As I understand it, a 'Torts Notice' and subsequent removal is open to a landowner as a remedy against a nuisance caused when a vehicle is left on their land without permission. But what is not allowed is this 'self-help' means of securing payment of unpaid parking charges which are based in PoFA.

If PPS were involved in instructing the Enforcement Agent, then IMO they're in deep trouble with the BPA. But perhaps the landowner went native and as the person responsible for managing the property (PPS) could only shrug their shoulders and point to the limiting nature of PoFA, they decided to employ other means using LME Services Ltd. But as the NTK which you posted identifies PPS(London) Ltd as the creditor, then the £5k+ demand would appear to be bogus and unlawful as regards action under the 1977 Act.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 07, 2025, 03:55:34 pm
Here is a link to a PCN and NtK: https://drive.google.com/file/d/1bXxU-meS8OgFfVVHvRJLp-gcfCDZ9iFS/view?usp=sharing

Timeline of events on the basis of creating a clear picture:
5 December 2025 18:10
I phoned the number on the “Warning of Immobilisation” notice after discovering my vehicle had been clamped.
I asked the enforcement agent why my vehicle had been clamped; he replied that my car was “getting towed.”

Shortly after, I went to the vehicle, sat inside it, and called 999, explaining that my car was being clamped and removed on private land without lawful authority and that this was unlawful under s.54 POFA.
The call handler told me it was a civil matter and that police officers would not be attending, despite my repeated attempts to explain the criminal offence.

Approximately 18:40
The enforcement agent, Mr K. Ebrahim, arrived and demanded that I exit the vehicle, stating that he had “seized” it.
I told him the clamping and towing were unlawful. He insisted he could proceed and said he was calling the police.

Around 5 minutes later
Police officers arrived extremely quickly, which was surprising given that the force had just told me they would not attend.
The officers then explained that they had been dispatched urgently because the enforcement agent had reported that objects were being thrown at him (a complete fabrication), which they treated as a violent incident requiring immediate response.
The enforcement agent showed officers: The June “7-day tort notice”, and The “Notice That Goods Have Been Secured / Notice of Intention to Sell.”
I explained that the “7-day tort notice” issued in June 2025 was a notice relating to abandoned vehicles, not a lawful authority for clamping or towing. I pointed out that the vehicle could not possibly be considered “abandoned” because:
I had driven it to the location that same day, and I was physically present inside the vehicle at the scene when they attempted to tow it.

Despite this, the officers continued to treat the June notice as if it authorised the December clamp and tow.
The officers appeared to treat these documents as if they were legally equivalent to a warrant or statutory authority.
They repeatedly told me this was a civil matter, yet simultaneously threatened to arrest me for: Breach of the peace, or
Intentionally obstructing a “lawful enforcement agent if I did not leave my vehicle.”
I repeatedly explained that private clamping and towing without lawful authority is a criminal offence under s.54 PoFA, but the officers did not accept this.

I asked the enforcement agent where my vehicle was being taken.
He refused to tell me, stating I would only be given the location after payment of the demanded £5,325.

Police officers stayed on scene to ensure I did not re-enter the vehicle or prevent its removal. The vehicle was then loaded onto a recovery truck and towed away. I was left without any paperwork identifying where the vehicle had been taken. Time of tow: 19:35

I can confirm there is no warrant of control from any statutory authority, and I have no CCJ or court claims for the PCNs associated with PPS.

I hope this provides clarification.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: H C Andersen on December 07, 2025, 02:59:42 pm
If a warrant of control was not involved, then I apologise.

My post wasn't intended to challenge the OP's actions, but instead to flesh out those parts which might assist.

Mr Ebrahim is a Certificated Bailiff according to the register.

The issue of PCNs and the signs and asking for a specimen was to see whether in fact the issues arise under 'relevant contract' or 'a relevant obligation arising as a result of a trespass or other tort..' provisions of PoFA. The prohibitive wording of the sign suggests it could be the latter.

My request to flesh out the underlying issue was to see even at this stage whether any application to the court could be bolstered by an assertion that the underlying claims are without foundation.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 07, 2025, 02:33:46 pm
<mod hat on>

I agree that having the relevant facts is generally helpful and sometimes necessary.

However, our role (as a site and as individual posters) is to provide advice regarding the legal issues the OP is facing, if we (individually) feel that the OP's case warrant's our time and effort.

Our role is NOT to cast judgment on the OP's alleged motoring misdemeanours which lead him to require advice. If any poster feels that the OP's motoring misdemeanours are such that they do not deserve their help, they are free to ignore the thread.

If they have wasted our time by misleading us or otherwise contravening the rules of the site, that is a different matter, although generally best left  to the mods to deal with.

Perhaps you can show where in this thread (or elsewhere) it says that the Enforcement Agent was acting under a warrant? If this is something that we have all missed, then that is clearly a very significant point.

We can probably assume that if the OP had some overarching right to park there that he would have mentioned it. Otherwise why he chose not to obey the sign is none of our business - not that it would be immediately relevant to the case, unless it subsequently resulted in a civil claim for breach of a purported contract formed without an offer.
</>

As per bp, I think you need legal advice.

bp's (and the District Judge's) advice is predicated on the facts as we know them, my worry is that these might not be all the relevant facts.

For example: : I have 29 PCNs from PPS private parking company - all at the same location,

...car parking charge consisting of 29 fines which have multiplied in costs (My plan was to wait for LOC to arrive for PCNs and argue)

So what's happened? An approved operator, PPS, decided to abandon(!) the Code of Practice and PoFA and out of frustration use a different tactic to achieve their ends, or what?

Why would PPS take such an overt risk when their landowner cannot indemnify them against their ATA's sanctions? Has this in fact got anything to do with PPS? Their name appears under 'Site Managed By' on the first notice after which they're not mentioned.

What was said when the car was removed and the police attended?

How come this is 'theft' if the Enforcement Agent was acting under a warrant?

You say 'As I use my vehicle on a daily basis and at this time of year, I really do need my vehicle back..' so you need to act urgently.

On the underlying issue, why were you parked where a sign clearly says you may not? There's no offer of a contract, you may not park or wait at any time 24/7. Perhaps you could post one of the parking charge notices and notices to keeper?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: H C Andersen on December 07, 2025, 01:26:15 pm
As per bp, I think you need legal advice.

bp's (and the District Judge's) advice is predicated on the facts as we know them, my worry is that these might not be all the relevant facts.

For example: : I have 29 PCNs from PPS private parking company - all at the same location,

...car parking charge consisting of 29 fines which have multiplied in costs (My plan was to wait for LOC to arrive for PCNs and argue)

So what's happened? An approved operator, PPS, decided to abandon(!) the Code of Practice and PoFA and out of frustration use a different tactic to achieve their ends, or what?

Why would PPS take such an overt risk when their landowner cannot indemnify them against their ATA's sanctions? Has this in fact got anything to do with PPS? Their name appears under 'Site Managed By' on the first notice after which they're not mentioned.

What was said when the car was removed and the police attended?

How come this is 'theft' if the Enforcement Agent was acting under a warrant?

You say 'As I use my vehicle on a daily basis and at this time of year, I really do need my vehicle back..' so you need to act urgently.

On the underlying issue, why were you parked where a sign clearly says you may not? There's no offer of a contract, you may not park or wait at any time 24/7. Perhaps you could post one of the parking charge notices and notices to keeper?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: JustLoveCars on December 07, 2025, 09:10:40 am
This situation reminds me of the 2011 Mayhook v NCP case (PePiPoo days), pre-PoFA.

Mr Mayhook's car was towed and clamped for around 30 outstanding PCN's.

Mr Mayhook eventually won and was awarded large costs (approaching £90k) and triggered bankruptcy for some of those involved.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 07, 2025, 01:25:14 am
As I’ve now had the benefit of an informal view from a long-serving District Judge, and his take is very clear and very helpful for you.

On the facts as you’ve described them, he sees no lawful authority at all for anything LME have done. In other words, in his view they have no legal leg to stand on for clamping, towing, or threatening to sell your car. That is a very strong endorsement of what we’ve been saying about the misuse of the Torts Act and the complete absence of any warrant or statutory power.

He also said that, putting the technicalities to one side, the obvious criminal offence here is straightforward theft of the vehicle. They have taken your car, with no lawful basis, are refusing to return it unless you pay a ransom, and are threatening to sell it. That comfortably fits the Theft Act formulation of dishonestly appropriating property belonging to another with the intention of permanently depriving the owner (or at the very least treating it as their own to dispose of regardless of your rights). The section 54 PoFA point is still important, but it is entirely proper for the police to treat this as suspected theft in parallel with PoFA and to investigate it as such.

On the civil side, his advice is that you should apply to the County Court for an immediate interim injunction ordering the return of the car and prohibiting any further interference with it. That means issuing a claim for conversion/wrongful interference with goods and, at the same time, asking the court for an urgent order that they must hand the car back and not sell, dispose of, or otherwise deal with it. He is also clear that you will need proper legal advice to do this – injunction work is technical and time-sensitive, and you should not be trying to bodge it alone.

Given that level of judicial endorsement, my advice is:

1. Treat theft as front and centre in your dealings with the police now. You already have a crime reference number; make sure your further contact with the officer in charge explicitly refers to suspected theft as well as the PoFA section 54 offence. The fact that a District Judge regards it as “straightforward theft” is something you can mention when pressing for active investigation.

2. Put urgent injunctive relief at the top of your civil options. A judge has effectively told you that, on these facts, LME have no lawful authority. That substantially increases your comfort that an injunction is not speculative and that your prospects are good. The aim is to get the car back without conceding any payment towards their bogus charges.

3. You still do not accept any liability for any “storage” or “release” fee. The daily storage figures they quote remain useful only as evidence of the pressure they are trying to exert. You do not owe them and will not be offering to pay them. The injunction application should be framed on the basis that the car is to be released unconditionally, and any sums already demanded are themselves part of the unlawful interference.

I would now strongly recommend that you speak to a specialist who understands both the criminal overlay and the civil remedies, and who is comfortable with interim injunctions in this sort of context. In particular, I suggest you make contact with Jackson Yamba at Contestor Legal (https://contestorlegal.co.uk). He has direct experience with parking-related litigation. He should be able to give you a realistic view on the mechanics, costs, and prospects of an urgent County Court injunction in your case, using the material you have already gathered and with the added weight of a District Judge’s informal view that there is “no lawful authority for any of the actions of LME”.

If you PM me, I will let Jackson Yamba know about this and to expect contact from you.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 06, 2025, 10:40:28 pm
I have finally managed to convince the Police that this is in fact a crime, and not a civil matter, so I have been issued a crime reference number. I have also reported the crime using MET police's online report a crime form, stating the facts.

I have made a complaint to the MET Police PSD for the officers' failure to record my matter as a crime, also that they stated it was a civil matter yet threatened to arrest me for breach of peace if I did not exit my vehicle, the enforcement officer also showed the police a print out of Tribunals, Courts and Enforcement Act 2007, Schedule 12 Paragraph 68: seen here: https://ibb.co/QSCG1KC to threaten me with arrest if I did not leave the vehicle or intervened with the towing process.

I have also involved my MP, sending them an email, writing about what you said. I have also sent relevant complaints to the DVLA and BPA.

Unfortunately, after double checking my insurance I am not covered for legal protection, therefore I will have to pay out of my own pocket for legal expenses.

I have emailed LME Services Ltd, PPS, and Thames City management to ask the whereabouts of the vehicle and legal basis, etc, as you said. I'm planning to send letters tomorrow to ensure delivery.

As I use my vehicle on a daily basis and at this time of year, I really do need my vehicle back, if I go the urgent injunction route, how long would it be expected for this process to take? Or if I choose to pay under protest and then sue, wouldn't it be potentially months until I can receive the funds back? And would my case have a high likelihood of winning and receiving the funds? I know these are questions which may be difficult to answer without knowing the whole facts. I have not spoken to LME or PPS by phone yet. Seeking recommendations for legal advice and or solicitors.

Picture at the scene of towing: https://ibb.co/pvJvZnVX
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 06, 2025, 05:21:40 pm
After further discussion of this case with a long serving District Judge, they have agreed and just on the facts (and without seeing any documents) they stated that there is no lawful authority for any of the actions of LME.

Their suggestion: Report everything to the police immediately - the obvious offence must be straightforward theft of the vehicle. Issue a claim at the county court for an immediate interim injunction - ordering the return of the car and prohibiting further interference with it. Legal advice will be needed.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 06, 2025, 03:22:40 pm
After further consideration and some consultation, this is what you should also do now in conjunction with the police complaint above. You need to work on two tracks in parallel: (1) protecting the car from sale and limiting storage fees, and (2) preparing for a civil claim.

1. Get the car’s whereabouts and legal basis in writing
   – Write (email if possible, otherwise by first class post with a free Proof of Posting certificate from any post office) to:
   • LME Services Ltd
   • Private Parking Solutions London Ltd (PPS)
   • The site managing agents/“Thames City” management office
      – Demand, in very clear terms:
   • The exact location where the vehicle is stored.
   • The legal basis they say allows them to immobilise and remove the car (judgment number, warrant of control number, or statutory power).
   • A full breakdown of the sum they are demanding.
   • Copies of any “authority” from the landowner authorising LME to clamp or tow vehicles and to sell them.
      – State that unless they provide this, you will treat the seizure and continued detention as wrongful interference with goods and conversion and will claim damages and costs.

2. Put them on notice about unlawful conversion and sale
   In the same letters, state clearly:
   – You do not accept that the vehicle was abandoned.
   – You do not accept that the Torts (Interference with Goods) Act gives them any power to seize or to hold the car as security for alleged parking debts.
   – Any sale of the vehicle will be treated as conversion, and you will pursue the full market value of the car, plus consequential losses and costs, against LME, PPS, and the landowner/management company jointly and severally.
   This is to make it very hard for them later to say they thought you had consented or did not object.

3. Decide quickly: injunction or pay-and-sue
   You now have to make a hard, practical decision.

Option A – urgent injunction
– Ring around solicitors who do civil litigation and have experience with injunctions or property/contract disputes (I may have a contact for you)
– Ask for an urgent appointment and bring all paperwork and photos.
– If the solicitor agrees there are good prospects and you can afford the court fee and initial costs, pursue an application for an interim injunction for immediate release of the car and to restrain sale.

Option B – pay under protest, then sue
If an injunction is not realistic and you can raise the money:
– Get an email or text from LME confirming the exact sum required for release.
– Pay only what is absolutely necessary to get the car back.
– At the moment you pay, send them a short email saying:
   • This payment is made under protest and without admission of liability.
   • You dispute both the parking charges and the lawfulness of the clamp/tow.
   • You reserve all rights to claim a refund and damages.
– Once the car is back, you prepare a county court claim to recover the money and damages for wrongful interference with goods.

You should not wait long to choose. Every day increases the “storage” demand and gives them more leverage.

4. Preserve and gather evidence
   Immediately:
   – Photograph and scan:
      • All notices (7 Day Tort, Notice that Goods Have Been Secured, Warning of Immobilisation).
      • The PPS sign and surrounding area.
      • Any PCNs you still have.
   – Write a short dated note of everything that happened on the day, including what the police and the clampers said.
   – If any neighbours or witnesses saw the clamp/tow or heard conversations, get their contact details and ask them to write a brief note now while memories are fresh.

5. Contact the managing agent/landowner separately
   – Go to or phone the Thames City estate office and ask who the managing agent is and who instructed PPS and LME.
   – Then send that agent/landowner a separate formal complaint:
      • Explain what has happened and that their contractors have almost certainly committed a criminal offence and serious civil wrongs.
      • Put them on notice that you hold them jointly liable and that you will name them as a defendant if you need to issue proceedings.
      • Ask them to urgently instruct their contractor to release your vehicle with no charge.
   Sometimes the landowner or big managing agent will intervene once they realise they could be sued.

6. Put DVLA and BPA on notice (early, even if fuller complaints follow)
   – Email DVLA complaints saying PPS have passed your keeper data to a third party who has then used that data as part of a scheme to clamp and tow vehicles in apparent breach of section 54 PoFA, and that this seems outside any reasonable “parking management” purpose for which data was supplied.
   – Make an initial complaint to the BPA about PPS’s use of a “tort” contractor to clamp and tow and demand PCNs in this way.
   These are not urgent for getting the car back, but sending short early complaints fixes the timeline and may help later.

7. Check insurance and finance again, properly
   Even if you think there is no cover:
   – Re-read the motor insurance policy schedule and booklet looking specifically for “legal expenses”, “motor legal protection”, or “uninsured loss recovery”.
   – Check any home insurance for “family legal protection”.
   – If there is any such cover, call that helpline, not the standard claims line, and treat this as an uninsured loss/civil dispute over unlawful removal of a vehicle.
   – If the car had any form of finance, even HP long since almost paid off, check whether title still sits partly with the finance company – they may be willing to act because their asset has been seized.

8. Do not negotiate away your position by phone
   – If you must speak to LME or PPS by phone, treat it as purely to ask “where is the car and how much are you demanding today for release”.
   – Do not accept or suggest that you are paying “the fines”.
   – Do not agree that the vehicle was abandoned or trespassing.
   – Follow every call immediately with a short email record of what was said.

9. Start drafting a Letter Before Action
   Even if you have not yet decided whether to go for an injunction or to pay and sue, start preparing a clear letter before action to LME, PPS and the managing agent, setting out:
   – The facts.
   – The statutory ban on clamping and towing on private land without lawful authority.
   – Why their reliance on the Torts Act is misconceived.
   – What you will claim (release of vehicle and/or damages).
   Having this drafted now means you can move quickly once the car is back or if they refuse to release it.

In short: act immediately against LME, PPS and the landowner in writing; decide very quickly between injunction versus pay-and-sue; secure and organise all evidence; and open as many parallel pressure points as you can (management, DVLA, BPA, insurers) without letting any of that distract from the central aim of stopping the storage clock and preventing sale.

Here is a draft Letter Before Action (LBA) you can use if you decide to go with a suit against LME, PPS and the landowner/managing agent. At Thames City Carnation Way, PPS (Private Parking Solutions London Ltd) is almost certainly contracted by Thames City Property Development Ltd (the developer’s UK subsidiary) or its appointed estate managing agent. The signage and disclosure of the contract will confirm which entity actually signed them on. Include them in any LBA.

Quote
[Your name]
[Your address]
[Postcode]
[Email]

[Date]

BY EMAIL AND POST

hello@lmeservicesltd.co.uk

LME Services Ltd
128 City Road
London
EC1V 2NX

and

info@privateparkingsolutions.co.uk

Private Parking Solutions London Ltd
PO Box 1115
West Drayton
UB8 9XD

Letter Before Action – Unlawful immobilisation, removal and detention of motor vehicle; threatened sale; intended claim for damages

1. I write in accordance with the Pre-Action Protocol for Debt Claims and the Practice Direction – Pre-Action Conduct. This letter concerns the clamping, removal and continuing detention of my motor vehicle by your companies and the threatened sale of that vehicle. Unless the matters set out below are resolved within 14 days, I intend to issue proceedings in the County Court without further notice.

Parties

2. I am the owner and keeper of a BMW 530e motor car, registration [VRM] (“the Vehicle”).

3. LME Services Ltd (“LME”) is a private company which describes itself in its paperwork as “Enforcement Agent” and “Involuntary Bailee”. Private Parking Solutions London Ltd (“PPS”) is a private parking operator and BPA member responsible for the management of parking at the Thames City development, Carnation Way, London SW8 5GZ (“the Site”).

Factual background

4. PPS has previously issued 29 Parking Charge Notices (“PCNs”) to me in respect of the Vehicle at the Site. All of these notices are disputed. No County Court claim has been issued, no judgment entered and no warrant or writ of control has been granted in respect of any of the alleged PCNs.

5. On or about 26 June 2025 a document headed “7 DAY TORT NOTICE” was attached to my vehicle. This document purported to rely on the Torts (Interference with Goods) Act 1977 (“the 1977 Act”) and asserted that the Vehicle was an “abandoned vehicle” which would be removed and scrapped “on or after 03/07/2025” unless removed from the Site. The notice named PPS as the party managing the Site and stated that “a removal contractor has been authorised and are acting on behalf of the land owner / managing agent”. The notice gave the address “Carnation Way, Nine Elms, London SW8 5GZ”. I attach a copy of this notice.

6. The Vehicle was not abandoned at any time. I was using the Vehicle regularly and continued to do so after June 2025. The assertion of abandonment was and remains false.

7. On 5 December 2025 I parked the Vehicle on the private road at Carnation Way SW8 5GZ. At approximately 16:45 an operative of LME applied a wheel clamp to the Vehicle. A notice headed “WARNING OF IMMOBILISATION” was attached to the Vehicle. This states that the Vehicle has been immobilised because it was “trespassing and or abandoned on private land”. The notice is dated 05/12/2025 and signed “K. Ebrahim” as “Enforcement Agent”, naming “LME Services Ltd” and quoting reference “[VRM]”. I attach a copy.

8. Shortly afterwards, without my consent, the Vehicle was removed from the Site by LME using a recovery truck. I was not provided with any original paperwork nor informed where the Vehicle was being taken. The police were called but declined to intervene, stating incorrectly that this was a “civil matter”.

9. LME subsequently left a document headed “NOTICE THAT GOODS HAVE BEEN SECURED and NOTICE IMPOSING OBLIGATION TO COLLECT GOODS and NOTICE OF INTENTION TO SELL GOODS” (“the Secured Goods Notice”) dated 05/12/2025. This again purports to rely on section 12 of the 1977 Act. It identifies the Vehicle and gives the location as “Thames City Carnation Way SW8 5GZ”. It demands a “Release Fee” of £5,325 and “Storage Fee £40/day”. In manuscript it breaks down the £5,325 as “29 x Car Parking Charges £4,750” and “Removal Truck £575”. It further states that if I fail to arrange collection of the Vehicle within 3 months of the date of the notice, LME intends to sell or dispose of the Vehicle and deduct from the proceeds “the costs of the use of the land, securing the goods, removal, storage and sale or disposal”. The notice is signed “Mr K. Ebrahim (Enforcement Agent)”. I attach a copy.

10. At no stage has LME or PPS provided any County Court claim number, judgment reference, warrant of control or any other lawful authority entitling them to immobilise, remove or retain the Vehicle. They have repeatedly refused to disclose the storage location of the Vehicle unless I agree to pay the demanded sums.

11. PPS’s own signage at the Site states “NO PARKING AT ANY TIME – £100 Parking Charge Notice” followed by wording that unauthorised parking will result in a Parking Charge Notice. This is plainly directed at contractual parking charges and civil recovery, not at seizure of vehicles. I attach a photograph of the sign.

Legal position

12. Section 54 of the Protection of Freedoms Act 2012 (“PoFA 2012”) makes it a criminal offence for a person, without lawful authority, to immobilise a motor vehicle by attaching to the vehicle, or to a part of it, an immobilising device, or to move or restrict the movement of such a vehicle by any means. Neither PPS nor LME is a statutory authority. Neither has, or has claimed to have, any warrant or writ of control. Accordingly, they have no “lawful authority” within the meaning of PoFA 2012 to clamp or remove vehicles on the Site.

13. The 1977 Act does not confer any substantive power to seize goods. Section 12 and Schedule 1 merely prescribe a procedure for a bailee who is already in lawful possession of goods (typically genuinely abandoned goods) to sell those goods after appropriate notice has been given and to account to the bailor for any net proceeds. The Act does not authorise private parties to seize vehicles in order to secure disputed civil debts, nor does it override the criminal prohibition on clamping and towing on private land contained in PoFA 2012.

14. Even if the 1977 Act were capable in principle of assisting, its preconditions are not satisfied. The Vehicle was not abandoned, and both PPS and the landowner had my name and address from DVLA enquiries for the PCNs. They cannot credibly contend that they were “unable to trace or communicate with the bailor” or that they are simply seeking to dispose of uncollected goods. The Secured Goods Notice openly admits that the true purpose of the seizure is to compel payment of 29 disputed Parking Charge Notices.

15. On the above facts, the immobilisation, removal, detention and threatened sale of the Vehicle are wrongful at common law and statutory law. The causes of action include trespass to goods, conversion, and wrongful interference with goods contrary to the 1977 Act. In addition, your conduct amounts to an unlawful and oppressive attempt to enforce disputed civil parking charges by means expressly prohibited by PoFA 2012, causing me financial loss, distress and inconvenience.

Intended claim

16. Unless you remedy matters as set out below within 14 days of the date of this letter, I intend to issue a County Court claim against LME and PPS (and, if necessary, the landowner/managing agent for the Site) seeking:

   a) Delivery up of the Vehicle (if still detained) and an injunction restraining any further immobilisation, removal or sale; and/or

   b) Damages for conversion and wrongful interference with goods, being either:
      i) the full market value of the Vehicle at the date of conversion if the Vehicle has been sold or destroyed; or
      ii) the sums paid by me to secure release of the Vehicle (if I am forced to pay for its release) together with any storage charges and consequential losses; and

   c) General damages for loss of use of the Vehicle and inconvenience;

   d) Interest pursuant to section 69 County Courts Act 1984; and

   e) Costs, including litigant in person costs.

17. Based on current market evidence, I estimate the value of the Vehicle at approximately £[insert]. If the Vehicle has been sold or is not returned in the same condition in which it was taken, I will claim that full value together with any consequential losses (including alternative transport costs) and interest. If the Vehicle is returned, I will claim damages for the sums I have been forced to pay (if any) in order to secure its release, together with damages for loss of use, any proven damage caused by your actions, and interest. Subject to further information and disclosure, I currently estimate that the total value of my claim will be in the region of £[ballpark figure] and in any event not less than £[minimum figure].

What you must do now

18. To avoid proceedings, within 14 days of the date of this letter you must:

   a) Confirm in writing the exact location of the Vehicle and that it is safe, secure and fully insured;

   b) Confirm in writing that no further storage charges are being added pending resolution of this dispute;

   c) Confirm in writing that the Vehicle will not be sold, disposed of, damaged or interfered with in any way;

   d) Confirm in writing that you will release the Vehicle to me forthwith, at no cost, at an agreed date and time, and that all Parking Charge Notices and all associated charges and fees are cancelled in full; and

   e) e) Provide the following documents:
      i) A complete copy of any contract(s) between Private Parking Solutions London Ltd (“PPS”), LME Ltd, and Thames City Property Development Ltd (the UK subsidiary of R&F Properties/CC Land Holdings, being the landowner of Thames City, Carnation Way, London SW8 5GZ) authorising enforcement activities at the Site, including but not limited to clamping, towing, immobilisation, removal, or sale of vehicles. This request includes all schedules, annexes, variations, and evidence of consent by the landowner/managing agent.
      ii) Copies of any court judgments, warrants of control or other orders which you say justify your actions;
      iii) A full statement of account showing all sums you allege are owed, with dates and contractual/legal basis;
      iv) Copies of all DVLA keeper enquiries made in relation to my Vehicle;
      v) A copy of LME’s complaints procedure and PPS’s internal complaints procedure.

19. If you contend that you did have lawful authority under PoFA 2012 or under any other legislation to clamp and remove my Vehicle, please provide a detailed explanation, with statutory references, in your reply.

20. If you fail to provide a satisfactory response within 14 days, I will commence proceedings without further notice. I will rely on this letter and your response (or lack of response) when the court comes to consider costs.

Directions for reply

21. Please send your substantive response, and any documents, to me at the postal address and email address shown at the top of this letter.

Yours faithfully

[Name]
Owner of BMW 530e registration [VRM]
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: b789 on December 06, 2025, 02:30:46 pm
Oh dear... The images of the notices you have posted make the legal position clearer, and the overall picture is extremely troubling. Here is my considered view of the situation.

The documents issued by LME Services Ltd are presented as if they were statutory enforcement paperwork, but nothing in the notices shows any lawful authority to immobilise or remove the vehicle. Each notice you have shared relies solely on the Torts (Interference with Goods) Act 1977. That Act does not provide any power to seize goods. It only provides a mechanism for a landowner who is already in lawful possession of genuinely abandoned goods to dispose of those goods after giving proper notice. The Act cannot be used to enforce private parking debts, nor can it override section 54 of the Protection of Freedoms Act 2012, which makes it a criminal offence for a private party to clamp or tow a vehicle on private land without lawful authority. None of the documents you have posted indicate the existence of a court judgment or a warrant of control, and without either of those no private firm has lawful authority to seize or clamp a moving vehicle for an alleged civil debt.

The “7 Day Tort Notice” from June 2025 identifies the vehicle as allegedly abandoned, yet the notice you received on 5 December asserts trespass and disruption. These are mutually incompatible grounds. A vehicle being used regularly and moved on and off the site cannot reasonably be treated as abandoned for the purposes of the Act. The Torts Act requires the person giving notice to take reasonable steps to communicate with the owner before exercising any sale power. Here, the notices are addressed to “persons unknown” despite the landowner and PPS already having the keeper’s details on record from DVLA enquiries for the parking charges. That failure alone likely invalidates reliance on the Act. The Act also does not permit seizure to recover disputed sums. Using the Act as a debt recovery mechanism is not a lawful purpose.

The figure of £5,325 is itself revealing. It comprises a removal fee, storage, and the addition of 29 private parking charges that have never been adjudicated by a court. This makes the true purpose of the immobilisation and removal obvious: to coerce payment of private parking charges. That is a ransom demand in substance. The notices state that the vehicle will be sold after 90 days and the proceeds kept to offset the claimed debt. But because the original seizure appears unlawful, any sale would amount to conversion. If the vehicle is sold, you, the owner, can claim the full market value at the time of conversion, plus consequential losses. LME Services Ltd and possibly PPS would be jointly and severally liable.

The “Warning of Immobilisation” also fails to establish lawful authority. It states the vehicle is immobilised because it was trespassing or abandoned. Neither description is accurate on the facts. Even if trespass occurred, self-help remedies such as clamping or towing are forbidden by section 54 PoFA. Trespass alone does not confer seizure powers. The signature box describes the operative as an “Enforcement Agent”, which can be misleading. A certificated enforcement agent has powers only when acting under a warrant of control. The notices do not mention any warrant, court reference, creditor, judgment date, or certification details. Without that, the immobilisation is not enforcement but an unlawful act.

The site signage includes the statement “No Parking At Any Time” followed immediately by an offer that unauthorised parking will result in a £100 parking charge. This contradictory wording undermines the creation of any contract. If parking is prohibited, no contract is offered, and therefore no contractual charge can arise. If parking is allowed upon payment of a sum, the “no parking” headline is false. Ambiguous or contradictory signage cannot form the basis of a legally enforceable contract. This affects the validity of every PCN issued at the site.

You have several possible courses of action. First, you may choose to make an emergency application to the County Court for an interim injunction requiring immediate release of the vehicle. This is the strongest legal remedy because the seizure appears unlawful and the threat of sale is imminent.

Second, if urgent injunctive action is unaffordable, you may pay the minimum sum required solely to recover the vehicle and then immediately pursue a civil claim for damages. Any payment should be made under protest and without admission of liability.

Third, you could allow the seizure to continue and sue for the full value of the vehicle once conversion occurs, although this is risky and leaves you without the vehicle for months.

Fourth, formal complaints should be made to the police in writing, expressly quoting section 54 PoFA and the absence of any lawful authority. If refused, the matter should be escalated through Professional Standards and, if necessary, the IOPC.

Fifth, complaints should also be submitted to Trading Standards, the DVLA, and the BPA regarding the misuse of the Torts Act to enforce private parking debts.

The key point is that nothing in the notices suggests any lawful authority to immobilise or tow the vehicle. The action taken is very likely unlawful under both criminal and civil law. You should take urgent steps to protect the vehicle from sale and to preserve their rights to claim damages.

As this clamping and removal is not just a "civil matter" as the police stated but clearly involves criminality, this is what you should do, step by step, about the police refusing to treat it as a crime.

1. Write everything down
   – Date and exact time of the tow and clamp.
   – Which force attended.
   – Names and shoulder numbers of every officer present (from their epaulettes/body armour).
   – Any CAD/incident number given on the day.
   – What each officer said, as close to verbatim as you can recall.
   – Keep all photos of the notices, signage, and any video of the interaction.

2. Make a fresh written crime report to the force
   Use the force’s online “report a crime” form or an email address if they provide one. Do NOT rely on phone.
   Set it out clearly:
   – State you are reporting an offence under s54 Protection of Freedoms Act 2012 (unlawful immobilisation and removal of a motor vehicle on private land without lawful authority).
   – Confirm that the clamp and tow were carried out by LME Services Ltd on [date] at [location] to enforce unpaid private parking charges, that there is no court judgment or warrant of control, and that they rely only on the Torts (Interference with Goods) Act 1977.
   – Explain briefly why the Torts Act does not give seizure powers and why this is not “lawful authority” under s54.
   – State that you reasonably believe a recordable criminal offence has been committed and request a crime reference number and investigation.
   – Attach copies of the “7 Day Tort Notice”, “Warning of Immobilisation”, “Notice that goods have been secured”, and a photo of the PPS sign.

3. In the same letter/email, challenge the officers’ earlier decision
   – Say that officers who attended on [date] refused to record the matter as a crime and incorrectly told you it was “civil only”.
   – Explain that this refusal appears to breach the National Crime Recording Standard, which requires forces to record a crime when the victim reasonably believes one has been committed unless there is clear evidence to the contrary.
   – Ask that the incident be re-assessed by a supervisor and that you be told, in writing, why it is said that s54 PoFA does not apply on these facts if they continue to refuse to record it.

4. Make a formal complaint to Professional Standards
   Every force has an online “complaints” or “Professional Standards Department (PSD)” form. Use it.
   – Refer to the same facts as above.
   – Attach your written crime report and any reference number.
   – State that you are complaining about officers’ failure to record and investigate a clear s54 PoFA offence, and about their misdirection that the matter is purely civil.
   – Make it clear you are not asking PSD to investigate PPS/LME; you are complaining about police inaction and failure to apply the law correctly.
   – Ask for the complaint to be logged formally and for a written outcome.

5. Copy in the Police and Crime Commissioner/Mayor’s office
   – If this is the Met, copy the complaint to MOPAC; otherwise copy it to the local Police and Crime Commissioner for that force area.
   – Keep it short: say you have reported what you believe is an unlawful clamping/towing offence, that the force is refusing to treat it as a crime, and you would like the PCC/Mayor to ensure the matter is properly reviewed.

6. If the PSD outcome is poor, escalate to the IOPC
   – Wait for the final response from Professional Standards.
   – If it still dismisses your concerns or misstates the law, lodge a review/appeal with the IOPC (or the local review body if specified in the outcome letter).
   – Attach all correspondence, emphasising: unlawful immobilisation on private land; no warrant or statutory power; use of the Torts Act as a fig-leaf for private debt recovery; and the force’s refusal even to record it as a crime.

7. Involving your MP
   – Send your MP a copy of your crime report and the police responses.
   – Ask them to write to the Chief Constable/Commissioner about the misuse of “civil matter” as a way of ducking section 54 PoFA.

8. Keep this separate from your civil action
   – The police’s failure to act does not stop you bringing your own civil claim or seeking an injunction.
   – In any civil claim you can exhibit the police correspondence to show you have tried, unsuccessfully, to get the authorities to address the criminal element.

You can use these for your complaints to both the respective police force and their Professional Standards Department. Ideally send them as an email or as a PDF attachment to an email and CC yourself for each one:

Quote
Subject: Criminal offence under s54 Protection of Freedoms Act 2012 – unlawful immobilisation and removal of motor vehicle

To: [Force name] Police

I am reporting what I believe is a clear criminal offence under section 54 of the Protection of Freedoms Act 2012 (“PoFA”) and request that a crime be recorded and investigated.

1. Incident details

Date of incident: 05/12/2025
Time: approximately 16:45 onwards
Location: Thames City development, Carnation Way, London SW8 5GZ (private access road)

Vehicle: BMW 530e, registration [VRM]

Parties involved:
– Private Parking Solutions London Ltd (PPS) – BPA “approved operator” managing the site.
– LME Services Ltd, 128 City Road, London EC1V 2NX, company number 14082700 – described on the paperwork as “Enforcement Agent” and “Involuntary Bailee”.

2. What happened

On 5 December 2025 my vehicle was parked on the above private land when it was immobilised with a wheel clamp by an operative of LME Services Ltd. A “Warning of Immobilisation” notice was attached to the car stating that the vehicle had been clamped because it was “trespassing and/or abandoned on private land”.

Shortly afterwards, the vehicle was removed from the site on a recovery truck. I was not given the vehicle’s destination and was told that it would only be released on payment of £5,325. This sum comprises:

– £4,750 for 29 “car parking charges” previously issued by PPS
– £575 removal fee
– storage at £40 per day

I have attached photographs of:

– the “Warning of Immobilisation” dated 05/12/2025 and signed by “Mr V. Ebrahim” of LME Services Ltd
– the “Notice that Goods Have Been Secured and Notice of Intention to Sell Goods” dated 05/12/2025, quoting a release fee of £5,325 and storage of £40 per day, and threatening sale of the vehicle after 3 months
– a “7 Day Tort Notice” dated 26/06/2025 purporting to be issued under the Torts (Interference with Goods) Act 1977, warning that the vehicle would be removed “on or after 03/07/2025”
– the PPS site sign at Carnation Way headed “NO PARKING AT ANY TIME – £100 Parking Charge Notice”

There is no county court judgment or warrant of control in respect of any of the 29 parking charges. LME Services Ltd are private contractors, not acting as certificated enforcement agents under a warrant.

3. Why this is a criminal offence

Section 54 of the Protection of Freedoms Act 2012 (PoFA) makes it an offence to immobilise, move or restrict the movement of a motor vehicle on private land without lawful authority. The only examples of lawful authority are statutory bodies or certificated enforcement agents acting under a warrant of control. Private parking companies enforcing civil parking charges do not have “lawful authority” within the meaning of s54, and this cannot be created by contract or signage.

In this case:

– The clamp and tow were carried out on private land.
– The purpose was to coerce payment of disputed, unadjudicated private parking charges.
– LME Services Ltd rely only on the Torts (Interference with Goods) Act 1977 as justification. That Act deals with disposal of abandoned goods by a bailee and does not confer any power to seize or immobilise vehicles for debt enforcement.
– There is no warrant, no court judgment and no statutory power authorising the immobilisation or removal.

I therefore reasonably believe that the immobilisation and removal of my vehicle amounts to an offence under section 54 PoFA.

4. Previous police attendance

Officers from [force name] attended on 05/12/2025 (incident at Carnation Way, Thames City) after I called 999/101. They refused to record the matter as a crime and stated that this was a “civil matter” between me and the parking company. I explained section 54 PoFA, but the officers still declined to treat it as a criminal offence. I understand this may have been recorded under CAD/incident number [insert if known].

5. What I am asking the police to do

I request that:

a) A crime be recorded for an alleged offence under section 54 PoFA (and any other relevant offences, such as theft or fraud if considered appropriate).
b) An investigation be opened into the actions of LME Services Ltd and any instructing party (such as PPS or the managing agents for Thames City).
c) I be provided with a crime reference number and the details of the officer in charge of the investigation.

If the force takes the view that no crime will be recorded, I request a written explanation setting out specifically why section 54 PoFA is said not to apply to the above facts, so that I can consider my rights to complain or seek independent legal advice.

Please confirm receipt of this report and provide a reference number.

Yours faithfully

[Name]
[Address]
[Contact details]

And to Professional Standards regarding the police failure to record/investigate:

Quote
Subject: Complaint about failure to record and investigate s54 PoFA offence – unlawful clamping/towing at Carnation Way SW8

To: Professional Standards Department, [Force name] Police

I wish to make a formal complaint about the conduct and decision-making of officers from [Force name] Police in connection with an incident on 05/12/2025 at Carnation Way, Thames City, London SW8 5GZ.

1. Summary of incident

On 05/12/2025 my BMW 530e, registration [VRM], was immobilised with a wheel clamp and then towed away from private land at Carnation Way SW8 by an operative of LME Services Ltd, acting on behalf of Private Parking Solutions London Ltd (PPS) / the site management. I attach copies of the notices left on the vehicle and subsequent paperwork:

– “Warning of Immobilisation” dated 05/12/2025
– “Notice that Goods Have Been Secured and Notice of Intention to Sell Goods” dated 05/12/2025, demanding £5,325 for release and threatening sale after 3 months
– “7 Day Tort Notice” dated 26/06/2025 purporting to rely on the Torts (Interference with Goods) Act 1977
– Photo of the PPS sign at Carnation Way headed “NO PARKING AT ANY TIME – £100 Parking Charge Notice”

There is no court judgment or warrant of control for any of the underlying parking charges. The figures demanded are entirely private civil sums.

2. Police attendance and refusal to record a crime

I contacted the police when the vehicle was clamped and later towed. Officers from [force name] attended at the scene (CAD/incident number [if known]). I explained that:

– The clamping and towing took place on private land.
– LME Services Ltd are private contractors enforcing private parking charges.
– They rely only on the Torts (Interference with Goods) Act 1977, which does not confer seizure powers.
– Section 54 of the Protection of Freedoms Act 2012 makes it a criminal offence to immobilise, move or restrict the movement of a motor vehicle on private land without lawful authority.

Despite this, the attending officers refused to record the matter as a crime and repeatedly stated that it was “a civil dispute” between me and the parking company. No crime reference number was issued. I was left in the position that a private company had removed my car and was demanding £5,325 for its return, with the police unwilling to treat the matter as a criminal offence.

3. Grounds of complaint

My complaint is that:

a) The officers failed to apply the law correctly. Section 54 PoFA expressly criminalises clamping and towing on private land without lawful authority. Private parking companies enforcing civil parking charges do not have such authority. The use of the Torts (Interference with Goods) Act 1977 for abandoned goods does not create lawful authority to seize and hold a vehicle for ransom.

b) The officers appear to have breached the National Crime Recording Standard and HOCR by refusing to record a crime when I, as the victim, clearly and reasonably believed that a crime had been committed, and where there was no clear evidence to the contrary.

c) The blanket response that this is “a civil matter” shows a lack of understanding of PoFA and leaves me without the protection of the criminal law, despite an apparent offence having been committed.

4. Outcome sought

I am asking that:

1. My complaint is formally recorded and handled in accordance with the statutory police complaints procedure.
2. The incident is reviewed by a supervisor with legal knowledge of section 54 PoFA.
3. If, on proper consideration, the force accepts that the facts disclose an apparent offence, a crime should be recorded and an investigation opened, with a crime reference number provided to me.
4. If the force maintains that no crime will be recorded, I would like a detailed written explanation setting out the legal reasoning as to why section 54 PoFA is said not to apply, so that I can consider exercising my right of review to the IOPC or other appropriate review body.
5. Any learning or training issues identified regarding officers’ understanding of PoFA and unlawful clamping/towing on private land are addressed.

I confirm that everything I have stated is true to the best of my knowledge and belief and I am willing to provide further information or attend an interview if required.

Yours faithfully

[Name]
[Address]
[Contact details]
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 06, 2025, 01:13:07 pm
Unfortunately my vehicle is not financed, and I have no insurance to cover legal fees so I'll have to pay any legal expenses myself, I previously rented a apartment at the building but have since moved out some months ago. The enforcement agent failed to give me a original copy of the tort notice in June 2025 and instead sent me this picture when I asked: https://ibb.co/QvNKLQ7r
His words were: you can zoom in to read it. They have also refused to tell me where the car was towed to.

Clearer picture of notice that goods have been seized: https://ibb.co/MxT4bdTp
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: roythebus on December 06, 2025, 12:07:43 pm
Here's what s12 of the Act says:  Bailee’s power of sale.

(1)This section applies to goods in the possession or under the control of a bailee where—

(a)the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or

(b)the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or

(c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.

(2)In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.

(3)If the bailee—

(a)has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or

(b)has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,

and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.
(4)Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.

(5)A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—

(a)the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and

(b)where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale.

(6)A sale duly made under this section gives a good title to the purchaser as against the bailor.

(7)In this section, section 13, and Schedule 1 to this Act,

(a)“ bailor” and “ bailee” include their respective successors in title, and

(b)references to what is payable, paid or due to the bailee in respect of the goods include references to what would be payable by the bailor to the bailee as a condition of delivery of the goods at the relevant time.

(8)This section, and Schedule 1 to this Act, have effect subject to the terms of the bailment.

(9)This section shall not apply where the goods were bailed before the commencement of this Act.

Modifications etc. (not altering text)

C1   S. 12(9) modified by S.I. 1977/1910, art. 4
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: roythebus on December 06, 2025, 11:54:55 am
A new one on me as well. The sign is very contradictory,NO PARKING AT ALL, then underneath, ... How can they tell you not to park then say you will be charged of if you do!

I'don't know how to proceed. Under POFA they have broken the law and taken your car. Have you had any correspondence with them? If so have you mentioned tht you were the driver? You should follow the advice given here by never revealing who the driver was, always use the third person " the driver parked" NOT "I parked". Don't phone them, I'd suggest sending them a letter or email once you've had some more helpful advice from others. Any contract is with the driver and this errant bunch of chancers.

It seems they may just have found a way round the POFA parking laws and is a worrying development. Does your motor or household insurance cover legal fees, if so it's worth getting onto them PDQ.
Edited to add a quick internet search throws up this helpful link: https://hamlins.com/insight/the-torts-interference-with-goods-act-1977-guidance-for-landlords/#:~:text=The%20Torts%20(Interference%20with%20Goods)%20Act%201977,Ensure%20items%20are%20not%20damaged%20or%20destroyed
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: Half way on December 06, 2025, 11:08:43 am
You said "where I live"
Is this your own parking space that is part of your property, or something else?
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: InterCity125 on December 06, 2025, 08:13:45 am
Is there any chance that the car is still under finance? I ask this because it creates a scenario where the car actually belongs to the finance company.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: andy_foster on December 05, 2025, 10:20:05 pm
This is a new one on me, and I suspect everyone else on this forum.

S. 54 PoFA makes it an offence to immobilise a vehicle without lawful excuse. You do not need to bump your thread to tell us this (or even an edited version that you feel strengthens your case).

Bailiffs executing a warrant of control, for example have lawful excuse to immobilise a vehicle they have "seized".

However, it is not immediately obvious that the Torts (Interference with Goods) Act 1977 provides a lawful excuse to immobilise a vehicle. Nor is it immediately obvious that a notice warning of sale if the vehicle is not removed, issued some months ago, applies after the vehicle has been removed and to any subsequent instance of it returning. Nor is it immediately obvious that it permits holding the vehicle for ransom to recover a dubious purported contractual debt.
Title: Re: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 05, 2025, 09:52:48 pm
It is a Criminal offence under section 54 of pofa protection of freedoms act 2012 for private parking companies to clamp and or tow vehicles. Yet they have done so, I note the ongoing dispute in relation to the parking invoices that they have given me, yet my vehicle was clearly not abandoned as I drove it and parked it there today, yet the police keeps stating this is a civil matter and won't allow me to report it as a crime when it is clearly criminal.
Title: CAR TOWED on private land 7 DAY TORT NOTICE
Post by: bimmerfan on December 05, 2025, 08:02:48 pm
Background: I have 29 PCNs from PPS private parking company - all at the same location (where I live)  and on 3 July 2025 I was served a 7 DAY TORT NOTICE attached to my vehicle windscreen.  Since then I have not parked there, but today on 5 December 2025 I regretfully parked at the location and my vehicle was clamped, Police came and it was a whole scene.. and now my vehicle has been towed. They are now asking for £5325.00 consisting of £575.00 removal fee, £4750 car parking charge consisting of 29 fines which have multiplied in costs (My plan was to wait for LOC to arrive for PCNs and argue). Storage fee of £40 a day and after 90 days my vehicle will be sold with them keeping the funds. What should I do? I argued that my vehicle was not abandoned but I was helpless with the police supporting the bailiffs. Advice needed! Solicitors need to be instructed? 

I was parked on private land - Carnation Way - GSV: https://maps.app.goo.gl/4tWsrwWJV8nvLwDH8

https://ibb.co/Y4t4Qww1 - Sign at location
https://ibb.co/C3nSgXTW - NOTICE THAT GOODS HAVE BEEN SECURED 05/12/2025
https://ibb.co/whkssqD6 - 7 DAY TORT NOTICE 03/07/2025
https://ibb.co/Xr0rqLcC - Warning of immobilisation (on windscreen when vehicle was clamped)