Author Topic: CAR TOWED on private land 7 DAY TORT NOTICE  (Read 1819 times)

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Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #45 on: »
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?
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 #46 on: »
Hopefully just before he "instructed" Jackson!
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 #47 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #48 on: »
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)

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #49 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #50 on: »
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.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #51 on: »
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.
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: CAR TOWED on private land 7 DAY TORT NOTICE
« Reply #52 on: »
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.
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 #53 on: »
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.