Impounded car and can’t get it back

[TM1989 3]

Hi guys advice needed please. 
 

Got a car which has a gearbox issue and isn’t driving and is currently in trade at the moment. 
 

got it taken to a garage to get the car fixed and mot’d on the 12/7/24 so that I could tax it. 
 

The was parked on the road and was left there by a recovery driver for the mechanic to pick up and take into his garage. 

 

on the very same day the car had been imported by the dvla to their compound. 

 

unfortunately on the very same day my father had been taken to the hospital and has been severely ill ever since so my head has been all over the place. 
 

The dvla knew the car was in trade but never once contacted me and had in-fact contacted the previous keeper so they say. 
 

I have had a family member who is severely poorly in hospital so not checked up on my car until yesterday only to realise it wasn’t there. Spoke to the police who said it was importered in July. 
 

I have not received one letter telling me it had been imported even though I am registered as a trader with the dvla. 
 

phoned the compound and the operator who is very rude has said it’s too late the vehicle is being sold at auction and you ain’t getting it back even after I have explained my situation to her.

 She then gave me an email address and told me to email customer relations. I can do anything until I hear back from customer relations. 
 

basically they will probably tell me that my £10000 car has been sold and there is nothing I can do or they will tell me to pay nearly £2000 to get may car back even thought they didn’t tell me it had been compounded. 
 

The car was on my insurance so surely they could’ve contacted me and told me sooner. 
 

I really do not know what to do and feel like some gangsters have just robbed me of £10000 and there is nothing I can do. 

 

any help or advice will be greatly appreciated. 

Edited July 31 by TM1989
Missed some words

[TM1989 3]

Someone must be able to offer some advice please?

[trade vet 703]

10 hours ago, TM1989 said:

Someone must be able to offer some advice please?

Hi there ,would you mind clarifying whether the car was impounded because it was not taxed and then left parked up by the recovery company driver on a public road unknown to the garage where it was booked in for MOT and repairs.

It does appear that DVLA employ subcontractors who now ‘soft target ‘repair garages and pitches by monitoring and reporting the comings and goings of untaxed vehicles even if they only travel a matter of yards on the public road outside premises.

[TM1989 3]

Hi 

yes it was left on the road for the mechanic to mot it and fix the gearbox issue for me. 
 

The garage was closed so he would’ve sorted it the following day. The dvla then impounded it and took it away. 
 

dvla knew it was in trade and was insured on my policy but didn’t contact me once to tell me they had my car. 
 

I have just been told that they sold it at Wilson’s auction on Tuesday and it’s still parked on their compound when I saw it yesterday. 
 

I do not know what to do at all. I’ve just lost a load of money on a car and feel like I’ve been robbed by professional thief’s 

It was impounded because it was not taxed but I didn’t get any contact from them telling me they had my vehicle at all

[trade vet 703]

That doesn’t sound right .If you can prove it was there less than 24 hours before being impounded and the MOT station can conform it was booked in ,surely you must have grounds to take some sort of legal action.

[TM1989 3]

I can prove it all but not getting anywhere with them. The car was taken to the garage on the 11th and was impounded on the 11th too. 
 

The car when I bought it from auction was in trade and has been since. 
 

They say they contacted the previous keeper and did not contact me at all. 

When you buy a car from the auction do you put it onto your trade name or do you leave as is as it’s currently in trade? 
 

They didn’t even leave any notices or anything and just simply took my car and did not contact me and told me my car had been sold on Tuesday at Wilson’s auction. 
 

spoke to Wilson’s auction and they have said that the only way they would stop the sale is if dvla contact them and tell them but dvla are not doing this. 
 

The compound are complete idiots too. NSL compound in Leigh absolute scum bags!!

 

[trade vet 703]

They have admitted trying to contact the previous keeper when it was ‘ in the trade ‘.I think you need to contact a solicitor. You could possibly make a bit of money out of this ,full refund ,lost profits,stress,time and trouble costs etc etc.They will reply to a solicitor.

[TM1989 3]

Hi 

i am in the process of speaking to one now. Thank you so much for your reply mate. 
 

I honestly really really appreciate it. I’ve been upset all day and did not sleep a wink last night. 
 

I feel like I’ve robbed by some ‘legitimate gangsters’ and there is nothing I can do. 
 

I even went to the compound today and saw my vehicle parked there. 
 

I tried speaking to the lady at the reception and she was completely rude and arrogant. 
 

basically telling me to email dvla customer relations and wait for them to get back to me. 
 

The get back to you the following day sending you an automated email telling you your vehicle had been sold and there is nothing you can do at all. 
 

This was a a crazy situation to be in especially when you have a family member who is severely ill in hospital too. 
 

I don’t wish this on anyone even my enemies. 

[trade vet 703]

Good luck,there is always Lawgistics,it’s a good one for them.

[TM1989 3]

What do you make of this? My solicitor thinks we can fight in relation to the below: 

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997

10.—(1) Subject to the provisions of this regulation, the custodian of a vehicle delivered to him in accordance with regulation 9(3) may dispose of it by selling it or dealing with it as scrap, as he thinks fit.

1. Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle, it may be disposed of pursuant to this regulation al any time.
2. In a case not falling within paragraph (2), a vehicle shall not be disposed of pursuant to this regulation before the end of the period of five weeks beginning with the date on which the vehicle was removed in accordance with regulation 9(3) and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in Schedule 2 to these Regulations as are applicable to the vehicle and either—

1. he has failed to ascertain the name and address of the owner, or
2. the owner has failed to comply with a notice in accordance with paragraph (4) served on him by post.

(4) A notice under paragraph (3)(b) shall be a notice addressed to the owner which—

(a) states—

(i) the registration mark and make of the vehicle;

ii) the place where the vehicle was found before it was immobilised; (iii) the place to which the vehicle has been removed;

(iv) the steps to be taken to obtain possession of the vehicle in accordance with regulation 12;

(v) that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and

(b) requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(5) Where it appears to a custodian of a vehicle that more than one person is the owner, such one of them as he thinks fit shall be treated as the owner for the purposes of this regulation.

It’s only been 3 weeks for me and they’ve sold it and told me to do one. 

[trade vet 703]

Excellent,looks like you have a ‘switched on ‘ solicitor.

[TM1989 3]

Does anyone else have any advice on this?