Is this theft

[maxpower]

i gave my stepson my ford ka as a runaround and he got pulled by the police, everything was fine except a check with the doovla came back saying his licence was revoked so the car was impounded. after contacting the police we discovered that it was a case of identity theft and that someone had been using his name to hire cars and drive around like a total arsehole, hence his licence being revoked. his case for which he was stopeed is coming to court in november and the c.i.d who discovered the i.d theft is willing to speak on his behalf in court.

but the main bit of advice i would like is.. if the car pound has been told that it is an ongoing enquiry and that the car was not to be disposed of by crushing or selling and they go ahead with disposing of the car is that theft?

i ask this because on friday i got a letter from doovla saying that i am showing as registered keeper of said car but they have been asked to supply a log book to a new keeper?

i will be calling solicitore on monday and the doovla to say i am still the owner but sureley if pound was told not to sell car then its theft if it is not their car to sell?

 

went to police yesterday and they said contact pound... getting them to pick up phone is a no-goer as they never answer it.

police also said if it wasn't an ongoing case then what pound did would be legal???

i said to police if i took his car and kept it in a shed for 2mths and then contact doovla and say i want a log book then that is legal?

she says no that would be theft... its the exact same thing the pound has done to me..

no wonder they said to lad that he could have his belongings from the car if he brought them the log book

which i wouldnt give them...... any advice or direction of a site i can check on this would be very helpful.

[autofive]

the pound obtained the car legally

 

and if you dont tell the dlva you still own it, they can keep/sell/scrap it because you (by not replying) relinquished title to them

 

a strongly worded solicitors letter should sort it

 

then sue the police for the costs

[Lord Sterling]

I dont know if it is theft or not. I would get some legal advice or speak to a solicitor as soon as to see exactly where you stand. The car-pound was told by the CID to keep the car as part of an ongoing enquiry which they should have done as it is the police who have to pay to keep the impounded.

 

As far as I understand it, the car was kept as part of an enquiry so you still own it regardless of whether the pound has it or not, you only relinquish the title if you sign some sort of declaration.

 

You may have to take the car-pound to court to or at least try and get some help from CID who are taking up your sons case, as they needed the car for thier enquiry as I understand it.

[Station]

Has this done to me on Friday.

It's strange (and scary) the Police aren't really trained up on laws. I certainly wouldn't go to them for advice (that's what lawyers/solicitors are for).

[scaryoldcortina]

The only way the pound can take posession (legally) of your car is by serving notice (tort) under the interference with goods act 1977. Two separate torts are required, they must request the sum owed (storage fees etc) and state clearly that if not paid, the car will be taken as payment. The second tort needs to be either served in person or recorded delivery. Sending off for the logbook is NOT the same thing, and a very naughty trick indeed.

 

I wouldn't ask the time of day from a policeman, let alone legal advice!

[maxpower]

thanks for the replies guys... i will be informing solicitor and doovla tomorrow that i am STILL the owner of the vehicle and what the nuts &bolts of the case are and that the car should never have been sold on..

 

and as i still have the log book/m.o.t and insurance for the car as well as a spare set of keys

 

if i saw it in the street would i be legally within my rights to jump in and retake ownership of the car?

 

like repo men do if money is owed or if it is a ringer and therefore doesn't belong to the person in posession of the car?

[Espacetic]

thanks for the replies guys... i will be informing solicitor and doovla tomorrow that i am STILL the owner of the vehicle and what the nuts &bolts of the case are and that the car should never have been sold on..

 

and as i still have the log book/m.o.t and insurance for the car as well as a spare set of keys

 

if i saw it in the street would i be legally within my rights to jump in and retake ownership of the car?

 

like repo men do if money is owed or if it is a ringer and therefore doesn't belong to the person in posession of the car?

 

Tricky one... I sold a car to a so called mate years ago. Being a soft git and him on low pay with a family to feed, I let him have it on payments. He paid £100 out of a grand, then left it outside my place 12 months later with a note asking me to MOT it again for him. I thought bollocks and didn't hand it back, my reasoning being the car is 90% mine and the V5 was still in my name. I lent the car to another mate who popped to the post office and ended up surrounded by armed police. They recovered the car and I ended up having a criminal record for car theft.

On that basis, my advice would be don't take it if you see it parked up..

[Albert Ross]

If you do see it,. by all means park up and wait for the owner, to see where they got it....... It would help your case no end to have answers to questions in court....

[Lankytim]

If its part of an ongoing investigation then it shouldn't be disposed of by the car pound, not only that but as its been seized as evidence the police are liable for the recovery and storage charges, although its very common for them to try to bill you for it!

 

I would send a letter back to the DVLA explaining the facts, you could report it as stolen right now, seeing as someone else seems to be trying to get ownership of it! I heard of a similar story when the DVLA wrongly seized a car and the owner claimed on their home insurance for it, whos team of crack solicitors then promptly bum raped the DVLA.