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Scam Tow Company Purposely Fails To Update TRACE - Legal Ramifications?
post Sat, 12 Jan 2019 - 07:04
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Hello, it may at first seem I've posted this in the wrong area, but bare with me here. Extremely strange set of circumstances have unfolded in the last few days.

I live in a new-ish built area and the whole land is privately owned Including all the car spaces. The streets all have "private road" written on them on the entrance, and is miles away from civilization.

6 months ago I purchased a vehicle from an auction, turned out it had no log book so I couldn't tax until I received my own copy. Oh well, not to bother, I parked it up (on private land) and didn't think twice about it. 3 days later.... It was gone! Shocked, I phoned the police and told them of the situation, they checked on TRACE and nothing came back so they proceeded to file a stolen vehicle report. I never heard anything back. I even phoned up a few weeks later out of curiosity, but to no avail.

As I drive a company van, I tend to not need a personal car however the need arose, so fast forward to last week, I went back to the same auction and purchased myself ANOTHER car. The car was out of M.O.T so needed to be checked and a few repairs made, so once again, parked it on 'private land' booked in an M.O.T and ONCE AGAIN the car was GONE!!

I immediately phoned the police and the first thing they did was check TRACE, nothing came back so they filled in a stolen vehicle report. At this point I am fuming that this could have happened twice in a row!

The next day I spoke with the neighbours who said they saw a branded company arrive and leave within minutes, no warnings, so signs on the windscreen, nothing. The arrived, lifted it and disappeared. So I phoned the police back to give the information to them and the first thing they said was "that's a company we/council/DVLA use to remove vehicles" Confused I asked for an explanation, they said "does the car have any parking tickets, no tax, etc" I said I had just purchased the car and not sure however it is out of tax, and needs an M.O.T for which I booked in.

First thing they did was check TRACE, guess what? NOTHING! No record on TRACE what so ever.

They then gave me the number to this alleged company that apparently lifted the vehicle and it would ring a few times and go to some mobile voicemail. I tried for hours but with no joy, this is already sounding fishy! Their impound was over 30 miles away so I thought out of a spot of luck I'd go there and see what happens. I went, and low and behold, THERE'S MY CAR!

I'm now arguing with the scummy clerks and demanded they tell me on what grounds they removed my car and who assigned them to take my vehicle. They said "vehicle not taxed - so we took it - probably the DVLA." I'm fuming at them yet all they could say is "the police know we have it, we tell them before we take any cars." So RIGHT IN FRONT OF THEM I phoned the police 101 number, gave the crime reference, and on loud speaker, the police said "we don't have a record of this vehicle on our systems or on TRACE." All the dodgy clerks did was smirk and shrug their shoulders and say it's not their problem. 'Pay up or sod off.'

I'm raging at this point so I phoned that dodgy number the police gave me for this company, and guess what? Its a mobile phone that's ringing on the desk right in front of them and they just DECLINED THE CALL! IN FRONT OF MY EYES! I had no choice but to pay up and get my vehicle back. I am sickened at this point but there was nothing I could do as my hands where tied.

Now here is the INTERESTING PART. Just before I left I asked for them to check if they by any chance (out of blind luck mind you) taken another car, my first auction car, I had purchased 6 months ago? AND YOU'D NEVER BLOODY GUESS WHAT!! IT WAS THEM! ITS NOW SITTING ON A HEAP IN THE YARD OPPOSITE BEING STRIPPED FOR PARTS!! BangHead.gif angryfire.gif angry9.gif angry7.gif angry6.gif angry5.gif angry4.gif angry5.gif

I IMMEDIATELY PHONED THE POLICE to inform them about this and once again, IT WAS NOT REPORTED TO TRACE NOR THE POLICE! All the police could say was I had to find the authority that ordered the removal. Before I ended up doing damage to something or something, I left that place in fear I was going to loose my marbles!

When my first car was stolen (sorry I mean 'recovered') I ran into a guy who had his BMW stolen when he was away over the summer holidays, he had it SORN'd before leaving, he reported it to the police and heard nothing back.

So to recap.

1) Vehicles were both on private land (shared use, not owned by me) How does this relate to non-taxed vehicles?
2) No signage regarding non-taxed vehicles, simply a sign that vehicles who do not display a permit will be ticketed. (private parking firm who never attend.)
3) No clamp on vehicle, no removal notice on windscreen from DVLA, nothing!
4) Both cars reported stolen, and no police records where updated with removal. Even after six whole months of passing.
4) Failure to update TRACE. (This MUST be illegal - waste of police time otherwise??)

There is obviously something extremely fishy or better yet an outright SCAM with this specific outfit is running. What are the legal ramifications in failing to update TRACE? Who do I contact to make an official complaint/seek compensation for the loss of my vehicles? Essentially, they fail to update TRACE on purpose, car is not recovered within 28 days, they then strip for parts ££££. Vehicle is never heard of again. This is outright fraud or worse yet THEFT.

Any advice thrown my way is a start for me, I'm going to ask around and find out all of the vehicles that have gone missing over the years from this area and bring this to some official to look into. This is beyond absurd. Something must be done to stop this. This must be illegal some how, and they have to be held accountable.

thank you
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post Sat, 12 Jan 2019 - 07:04
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post Sat, 19 Jan 2019 - 12:39
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QUOTE (Korting @ Sat, 19 Jan 2019 - 12:31) *
A burglar was being chased by police and came across the rear of my drive which is gated off and there is no public access unless invited, now had I been reversing a sorned an uninsured car and hit him, would I have been guilty of any offence?

Of course not, you would just say you were assisting the police in effecting an arrest biggrin.gif

I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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post Sat, 19 Jan 2019 - 12:40
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QUOTE (Korting @ Sat, 19 Jan 2019 - 12:31) *
.........A burglar was being chased by police and came across the rear of my drive which is gated off and there is no public access unless invited, now had I been reversing a sorned an uninsured car and hit him, would I have been guilty of any offence?

Not as far as insurance is concerned.
Possible negligence or even assault charges but they would be dependent on circumstance.
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post Sat, 19 Jan 2019 - 12:44
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QUOTE (cp8759 @ Sat, 19 Jan 2019 - 12:23) *
My point was that at least in principle, a SORN car on your drive needs RTA compliant insurance

Only if the private drive is considered to be a 'Public Place' within the meaning of the Road Traffic Act.

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