Author Topic: CAR TOWED on private land 7 DAY TORT NOTICE  (Read 1820 times)

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CAR TOWED on private land 7 DAY TORT NOTICE
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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)
« Last Edit: December 05, 2025, 08:25:52 pm by bimmerfan »

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Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #1 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #2 on: »
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.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.
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Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #3 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #4 on: »
You said "where I live"
Is this your own parking space that is part of your property, or something else?

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #5 on: »
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
« Last Edit: December 06, 2025, 12:04:16 pm by roythebus »
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #6 on: »
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
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #7 on: »
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
« Last Edit: December 06, 2025, 01:17:15 pm by bimmerfan »

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #8 on: »
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]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #9 on: »
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]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #10 on: »
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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #11 on: »
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

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #12 on: »
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. 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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #13 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #14 on: »
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?
« Last Edit: December 07, 2025, 01:33:19 pm by H C Andersen »