Need legal advice regarding illegally scrapped bike.

[fireyphoenix1...]

I am in a very weird situation and need help ...as i dont know where i stand..

I recently moved home, during my meeting with the housing agency representatives (Regenda Housing) I said i would move my other bike (a 1986 GSXR 400 valued at £1000) to my new property as soon as possible as i was unable to do it immediately due to having no money.

It was locked to a concrete post in the back garden with a thick oxford chain.


Today i was able to get a van to go and collect my gsxr and it wasnt there.

I called regenda housing who then told me that as it was in the communal garden it was no longer my property and has been scrapped by their contractor M&Y (contract services).

No attempt was made to contact me and regenda have my both my phone number and my current address a simple phone call would have avoided this.
I have the V5C as far as i knew it is illegal to scrap a vehicle without it.

In order to scrap the vehicle they would have had to cut my bikes chain off break the steering lock and then scrap the vehicle without my V5C, consent knowledge or permission.

...im absolutely devastated but where do i stand legally ? .

Thanks for taking the time to read this.
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2014 Aprillia dorsoduro 750 factory.

[-Matt-]

Are you sure its even been scrapped. Have they given any proof. Id speak to the police at your local station personally sounds entirely dodgy..

[windows95]

Not the same sort of situation I know but when I rented a garage from the council and left stuff in it over the period of time which I was meant to clear it they did it for me.

I had a lot of valuable stuff so I chased it and turns out it was just stored elsewhere (for a bit anyway I assume?)

I'd get in touch and see what the score is. I'm not exactly 100% clued up with the law but don't see how they can legally take it in the manner they did and scrap it without a V5 anyway? Surely that's theft whether its on their land or not...? Again, I'm no solicitor.

Chase them down asap and also follow Matt's advice too.
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Current Bikes: Kymco Pulsar 125 2011 & Honda CB125TDC Super Dream 1982
Past Bikes: Typhoon 125, AP50, BWS 50, CBR125, Kymco ZX 50, Gilera Runner 125, 180 & 172, Honda XLR 125, KMX 125 x2, Piaggio NRG x3, x2 110 Pit Bikes, Pug Trekker 50, Honda Sky, Speedfight 50 & 100cc, SR50 x2, Suzuki Love, Chinese Fym 125 (yuk), Honda Varadero XL125-V1, Honda Vision 50 & 70cc, Honda X8R-S, Symjet 50, Suzuki Zillion &... Yamaha TDR 125.

[fireyphoenix1...]

Yeah i said you mean stored right ? "no its been scrapped"


Absolute scum

This sort of crap is exactly why i moved in to private accommodation Regenda are scum!!!
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2014 Aprillia dorsoduro 750 factory.

[windows95]

Wow, well in that case get onto the law about it. I cannot see how that is legal what so ever...

That really does suck mate.
____________________
Current Bikes: Kymco Pulsar 125 2011 & Honda CB125TDC Super Dream 1982
Past Bikes: Typhoon 125, AP50, BWS 50, CBR125, Kymco ZX 50, Gilera Runner 125, 180 & 172, Honda XLR 125, KMX 125 x2, Piaggio NRG x3, x2 110 Pit Bikes, Pug Trekker 50, Honda Sky, Speedfight 50 & 100cc, SR50 x2, Suzuki Love, Chinese Fym 125 (yuk), Honda Varadero XL125-V1, Honda Vision 50 & 70cc, Honda X8R-S, Symjet 50, Suzuki Zillion &... Yamaha TDR 125.

[covent.gardens]

Devil's advocate: "The 26-year-old bike was a rusting pile of scrap, that had been rotting in the garden for some time, and unsurprisingly was the only item left behind when the tenant moved out. We waited (x weeks) then disposed of the item at our cost, as per the contract ("any items left behind after the move-out date will be considered abandoned") - if that is in your contract; similar was in mine.

I know you say they agreed you could pick it up at a later date and if you could prove they said that, you'd be laughing, but how can you?

How long between move-out and disposal?

It doesn't sound like it I know but I do agree they did wrong here and I doubt they had the right to do what they did.

[sabian92]

May want to get the scrapers involved to, being complicit etc.

[kitty kat]

Not sure on the legalities of scrapping your bike, but I have scrapped a car recently with no V5, just signed a form that said I gave permission for removal of vehicle & received £££ for it. I got a letter a few weeks later from DVLA stating that vehicle had been dismantled.

[Marmalade]

It's been stolen, call the police.

It doesn't matter on other circumstances, it is your bike and they have permanently deprived you of it.
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Nobby the Bastard: How yo tell the difference between the actual japanese and her just screaming because she's had live fish stuck up her arse? [url=https://www.nicks-shop.co.uk/bcf-goodies-15-c.aspGet BCF stickers and things here[/url] Reflective helmet stickers - Legal requirement in france - Clicky

[The Disapproving Brit]

[Rogerborg]

Ready, fire, aim. Read your contract first.

In fact, you should have read it before posting here. Or leaving your bike and assuming that they wouldn't dispose of it.

I would encourage you to go on the offensive, but only once you've mapped out their defences.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[The Disapproving Brit]

[Rogerborg]

[Hetzer]

Exhaust all the legal options, if you get no joy there put the scum on a warning, if no joy there do serious damage to their property.

Just joking, do only the legal stuff of course.
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[The Disapproving Brit]

[Hetzer]

Right off the bat get a complaint of criminal wrongdoing into the police and secure a formal record of said complaint.

If the pigs refuse to play ball put in a complaint to the IPCC.

Basically start spraying shit at the fan.
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"There's the horizon! Ride hard, ride fast and cut down all who stand in your way!"

[UnknownStuntm...]

LOVE the letter timbstoke has given you and I sincerely hope it gets a look-in as a proper response.

[fireyphoenix1...]

Thanks for the help so far
More info...

Called 09 /7/13

Called to inquire regarding my missing GSXR 400 GK71F
I was informed that regenda had scrapped the vehicle.
This was done without my knowledge or consent and without the vehicles V5 documentation.
I consider this to be theft of my property and destruction/criminal damage.
The Theft Act 1968 Section 1 defines theft as one who "dishonestly appropriates the property of another with intent to permanently deprive the owner thereof" is theft and i consider the fact i was verbally told that it was ok to meet the term dishonestly.


called 10/7/2013

I Was told my tenancy agreement means they had the legal right to seize and dispose of the vehicle.
I explained that during the "closing" meeting i had asked about my bike in the communal garden their agent said "yes thats fine".
They are now trying to contact this person to ask her if she said this (penny to the pound she lies about it :/ )
I argued that they should have contacted me
They admitted that they have my forwarded address and telephone on file
They also admitted they did NOT try to contact me and made the decision to dispose of the bike without my consent or knowledge.





So far they are also refusing to give me details about where it was scrapped under whose permission it was scrapped ect ect and hiding behind the words "our contractor".

What i have the gist of tho is that the decision to scrap the vehicle was made the same day that "The contractor" went in to prepare the flat for the next tenants (The place needed extensive repair including mold damage in the roof that i had been trying to get regenda to do for the past 2 years and their failure to do was a big part of moving out in the first place, but thats a separate matter)


This is what has annoyed me the most, as i understand it they had a legal requirement to notify me of their intent to scrap the vehicle.
I have been told elsewhere i should have received 30 days warning of their intent to seize and scrap the vehicle.

They had both my telephone number and my home address and didn't even attempt to contact me via either avenue.
I find that they think its ok to just take someones property without contacting them first absolutely disgusting .
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2014 Aprillia dorsoduro 750 factory.

[fireyphoenix1...]

They also implied that they were "kind" by not charging me for the repairs the building needed ....repairs due to damage that happened due to them using people who simply cannot do a good job, IE the loft insulation had no air gap meaning it trapped moisture and caused black mould to grow front door fell off twice due to wood rot and the "repair" being longer screws which came out a week later ....the list goes on.

I have learned one valuable lesson however.
Stick to landlords i can talk to face to face and avoid housing agency's like the plague .
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2014 Aprillia dorsoduro 750 factory.

[Hetzer]

[UnknownStuntm...]

[The Disapproving Brit]

A few points:

- What you consider dishonest is meaningless for the purposes of the Theft Act. It comes down to whether they believed their actions to be dishonest, which is why it’s probably a non-starter.
- What they say your tenancy agreement allows them to do is irrelevant. We need to know what it ACTUALLY says.
- Their contractor is them. Who they choose to employ to do work on their behalf is completely irrelevant for your purposes.
- Any repairs which they may or may not be entitled to charge you for are a completely separate issue, and not relevant to your claim for your bike.

What you need to decide now is what you want to achieve. Assuming it’s been scrapped by an authorised disposal centre, it will have been registered with the DVLA as such, and your chances of getting it back are realistically nil. So I’m guessing you want the value of the bike, plus reimbursement for the chain and van hire. On that basis, chasing theft or TWOC is going to be a pain in the arse, and even if you succeed in doing so, chances are you’ll still have to take civil action to recover money from them.

If you’re taking civil action, the simplest approach as I see it is to view it as a parking issue – the law is pretty clearly in your favour and it’s bread and butter stuff as far as the courts are concerned. Also, they cannot contract out of the law, and even if they could, the Protection of Freedoms Act only came into effect on 1st October 2012, so chances are your contract was written before then and without reference to it.

If that’s the approach you choose to take, then your next steps are to identify who owns the land your bike was left on. If it’s the housing agency, fine. If there’s a landlord, then you need to target them directly as well as the agency. Then, you write a letter to both the landlord and the agency (if they’re different) covering the following points:

- Your vehicle was parked on their land
- It was removed by them, which is an offence under Section 54 of the Protection of Freedoms Act 2012.
- They have failed to comply with ANY of their obligations in respect of PoFA with regards to notifying the keeper of the vehicle.
- They have subsequently disposed of your vehicle
- They did not at any time attempt to make contact with you despite having your contact details.
- Your vehicle was valued at £x
- They committed criminal damage to your lock, which is valued at £y
- You incurred charges of £z in the form of van hire to remove your vehicle.
- You expect payment in full of all the above costs within 28 days, or you will initiate court proceedings without further notice.

See how they respond to that.

Also, stop phoning them. If they want to dig holes for themselves, let them do it in writing.
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Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13

[fireyphoenix1...]

I was un able to record the calls.


Timbstoke i will do that cheers.
____________________
2014 Aprillia dorsoduro 750 factory.

[The Disapproving Brit]

If you want a letter giving a once over before you send it, post it or PM me.
____________________
Current Bikes: 1983 Honda VF400FD / 2003 Honda VT750 Shadow
Bike Test Passed 18/03/09, Car Test Passed 14/05/13

[fireyphoenix1...]