Vehicle towed in legal car spot

Jellab

Sorry for the long story
We were in apartment for 3 ½ years. Lease was due to be up Jan 2010.
Apartment was cold and damp due to lack of insulation, but we were happy to stay there until lease was up.
On June 25th there was a leak (water flowing down the wall etc) that came from the upstairs apartment into our spare room. Thank fully nothing was damaged of ours but there was a lot of damage to the apartment. The Ceiling had to be replaced floors had to be replaced and painting had to be done. (Insurance paid out for the landlord)
The landlord gave us our money back for that month (we paid rent 14th June that was our date of sign lease originally). We remained in the apartment until the 14th July until we found a suitable place to live. (Even though the floor board were ripped up etc… as the landlord wanted to revamp and insulate the whole apartment). We still had bits and pieces to get from the apartment for a week or two after moving out – this was ok with the landlord.
My partner had his van parked in the underground car park which he was to move this week agreed by landlord.
So here’s what happened and my query.
He went to get his van it had been towed by the maintenance company (whom take care of the block of apts). The maintenance company had not contacted the landlord to ask was it an abandon vehicle. The committee of the apt block had requested that a few vehicles that had been abandoned be towed. It just happened my partner was one of them, even though it was parked in the correct spot of the apt.
My partner contacted the maintenance company they said it was towed to the scrap yard but he checked and it was still there. There were a lot of tools in it. The maintenance person has said it would be Monday before we get it back, but he is going on holidays so it all sounds a bit suss.
If we don’t get the tools back or the Van for that matter who do we take this up with?
The landlord wants nothing to do with it – he said technically we were out of our lease as we had moved out and to take it up with the maintenance company. I have texts to from the landlord saying that it was ok for us to collect the van this week. (There is nobody renting the apt at present)

Has anyone any advice

Thanks

faceman

You are moving into a civil issue there.

Contact Threshold as your first point of contact and depending on what they say, contact your solicitor.

I could be wrong, its possible that your vehicle was illegally towed as the law on clamping/towing only covers public parking.

RustyNut

Try reporting it stolen thats more or less what happened.

D3PO

faceman wrote: »

Contact Threshold as your first point of contact .

Threshold have nothing to do this kind of issue :rolleyes:

OP jsut to clarify your telling me they toed the van which was in a legal parking spot belonging to the apartment you rented and had permission to be parked there by the landlord.

Furthermore they never contacted the landlord to check if this was an abandonded vechile ?

If so thats an illegal tow. You need to contact the gardai in relation to this matter

seamus

Report it stolen, contact the Gardai tonight. No towing/clamping company has any legal right to move/remove any vehicle parked on private property.

Jellab

Thanks for you replies
I will get my Other half to contact the guy from the maintenance company this evening and if he does not get the van by tomorrow at 5pm then I will advise him to go to the Garda and take it from there.

Thanks
:rolleyes:

seamus

TBQFH, if I didn't have it back by 10am tomorrow, I'd be going to the Gardai.

Carawaystick

report it stolen, get a pulse number of the cops, then contact the management co with the pulse number telling them they're handling stole goods. see it that lights a fire under their backsides.

Jellab

The Garda has told us to get a solicitor on to the case as it was a civil matter. (Because we know who took it - but don't know where it is)
Anyone know of a good one that won't cost an arm and a leg.

(no word from management company - he is still on holiday (one man show management company) - no phone call no nothing so I am afraid we won't be playing nice anymore)
God knows where the Van is now

Thanks for all your help

lynchie

Fail to see how its not a criminal matter. If somebody robs my car and I find out who took it then the gardai are gonna do nothing about it because i know who took it

am i bovvered

Jellab wrote: »

The Garda has told us to get a solicitor on to the case as it was a civil matter. (Because we know who took it - but don't know where it is)
Anyone know of a good one that won't cost an arm and a leg.

(no word from management company - he is still on holiday (one man show management company) - no phone call no nothing so I am afraid we won't be playing nice anymore)
God knows where the Van is now

Thanks for all your help

This is a disgrace, so if you know who robbed you it is not a criminal offence, go back to the gardai let them know you will make a complaint to the ombudsman. good luck

antoinolachtnai

It does seem that they have taken it without the consent of the owner and they had no lawful reason to take it.

I would ask to speak to the Sergeant and Superintendent before you start talking about the ombudsman. It is probably worthwhile writing a letter if they aren't available.

Ste.phen

The ambiguity here is because the apartment landlord likely had no authority to allow someone park a vehicle in the carpark (which he doesn't own). Serious poor form from the car park owner / management company, definitely the guards should be involved here, usually a car or van would need to be parked there for weeks before a management company would consider getting it towed away

bobbysands81

Any chance you could post updates of what's happening Jellab?

I find this story fascinating!

Jellab

Hi
Not much of an update so far on whats being happening.
To the other poster as the landlord owns the apartment he has two parking spaces with it (underground) and I would assume he does own them so would have the authority to let us park there.
My OH had went back to the Garda ( a different station this time) he has been trying to call the company but still no answer. ( guy must be still on hols) So it will be citizens advice tomorrow so they can recommend a solicitor and some advice. At this point if the van was returned - its too late and we are pissed off at the whole situation. Plus god knows what damage has been done to the van as they had to break into it to get the tools out that were in it (The fella from the company had said he had taken stuff out of it)
It is just unreal and I suppose as we have been out of town this past few days we haven't got on top of this = so from MOnday on hopefully there will be some action.

the_syco

Jellab wrote: »

Plus god knows what damage has been done to the van as they had to break into it to get the tools out that were in it (The fella from the company had said he had taken stuff out of it)

On who's authority did he break into the van, to remove the tools? Also, do you have a list of everything in the van, in case something was to go "missing"?

Jellab

HI
He broke into it by his own doing as we knew nothing of it until first speaking with him when we realised the Van was gone. My oh knows what was in the Van. It is just a pain having to deal with this but what can you do. Not let them away with it = thats for sure

astrofool

How did the van get on the list of abandoned vehicles in the first place? Had it been left idle for months and months?

Jellab

If you read my first post we were living there 3 1/2 years until the leak. We had 2 parking spots. One was used for our car the other for the Van so both were parked there all along legally.
Don't know why they towed it as they didnt' contact the landlord or anyone. The apartment is vacant at the moment so it isn't as if the new tenants were angry at someone parking in their spot.
There was a few veichles in the underground car park that had been there years - abandoned so maybe they just assumed that the van was abandoned as it had been there for so long. Still not the point though as they should have notified landlord.

the_syco

Jellab wrote: »

He broke into it by his own doing as we knew nothing of it until first speaking with him when we realised the Van was gone.

To confirm, he takes the van claiming it was abondoned, and then breakes into it? Sounds a bit suss.

astrofool

Jellab wrote: »

If you read my first post we were living there 3 1/2 years until the leak. We had 2 parking spots. One was used for our car the other for the Van so both were parked there all along legally.
Don't know why they towed it as they didnt' contact the landlord or anyone. The apartment is vacant at the moment so it isn't as if the new tenants were angry at someone parking in their spot.
There was a few veichles in the underground car park that had been there years - abandoned so maybe they just assumed that the van was abandoned as it had been there for so long. Still not the point though as they should have notified landlord.

The management company would have sent notice around to all landlords about removing abandoned vehicles.

It just seems very odd that your van was taken, and even odder that you haven't got the van back yet, as it would be legally registered to yourselves, there seems to be a lot of information missing.

Jellab

No information is missing.
All that I have typed is what has happened so far.
First Garda didn't want anything to do with it as it was a civil matter they said. Then Second Garda station has been trying to get in contact with maintenance guy.
And when we did speak to the fella from the maintenance company when it was first discovered that the van was gone (He owns the company and works by himself it seems and only new to the apartment block) he said that the comittee listed a number of veichels that were abandoned so he took their word for it without notifying (his words) the owners of the apartments that he was going to tow all the veichels.He said he took tools from the back of it etc... and it was then towed to the scrap yard and he said he would have it back for us that monday as he was on holidays for 2 weeks. He either isn't back yet as we can't get in touch with him so there is nothing missing from my story. Other than we are going to Citizens advice today to see where we stand because neither the Garda or ourselves can get in contact with him to find out were the van is.
It is a disgrace that nothing has been done by the Garda but they said as we know that the maintenance company has taken it - it is a civil matter.

esmeralda

So if someone appropriates a vehicle and leaves a note saying who did it, it becomes a civil matter and the garda will do nothing?:eek:

Kimbot

Go to the super in the station and demand they find out where it is. If he said it went to a scrap yard then surely the gardai would check local scrap yards. Also it sounds to me like he would have to register the van as scrap with the scrap yard so ring shannon with your reg number and see if any forms are pending etc as they would have to be notified if a vehicle is been scrapped.