really really not happy

[rpgrainger]

I have been renting a garage from the council since 2009...I keep my dolomite in there and don't go down that often...
went down to take it out for a spin today only to find the locks changed on the garage.....I was down there in july and everthing was fine.....
all sort of thing were going through my mind.....had it been broken into, and the council had to change the locks...was the car damaged.....
just thought I would check my bank statement and there was no payment to them....thought this was strange, so I rang the bank to find out why...they said that the direct debit was still active but the council had stopped taking payments in 2012....
I have never had a letter from them....now I don't even know if my car is still there.....
worst thing is I would not have gone down till next year...car is taxed and insured
rob

[xvivalve]

I've encountered this tactic before; is the garage in a block that sees very little use?

[rpgrainger]

Yes

[Jon Tilson]

Get a locksmith to go pick the lock and get your car out asap would be my advice....

Or use your own tools and be more brutal....

So hope the car is safe....

Jon

[xvivalve]

They stop taking payments, most folk don't complain/notice and contracts expire. Then, after a period of time which I think is 3 years, they can do as they like.

Far easier than waiting for everyone to cancel their leases and far less public than serving notice.

Garages, allotments, etc ripe for redevelopment.

Needless to say, speak to them Monday!

[xvivalve]

Meanwhile, Jon's advice is worth considering, though if the locks have been changed...

[rpgrainger]

Not sure how I stand if I break into the garage...even if I get a locksmith
Rob

[Galileo]

Not sure how I stand if I break into the garage...even if I get a locksmith
Rob

Double check this, but if reasonable care is taken to minimise any damage you should be on a strong legal footing. Good luck with this, I know the sick feeling I would be having at this very moment in the same shoes.

This is exactly the get out I used a few years ago when the Nationwide Building society clamped me when going into the branch to discuss my account. They would not get it removed, as they said it was in the hands of their private contractor. The said private contractor refused to remove the clamp without me paying their 'release fee', so I jacked up the car, released the air from the tyre, wiggled off their clamp, put on the spare and marched into the branch and deposited the clamp on their counter and told them to stuff their account. Contractor tried to take me to court for scratching their clamp, I quoted the Protection of Freedoms act 2012, they backed away tail betwixt legs!

Section 2 part 3:

(1)A person commits an offence who, without lawful authority—

(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b)moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

http://www.legislation.gov.uk/ukpga/201 ... /2/enacted

[xvivalve]

Technically, your lease has expired, so I expect you'd be breaking and entering if you cause damage to do so.

On the other hand, your property is (hopefully) being kept inside. If it's still open, pop into the local cop shop and ask advice; they may be willing to attend whilst you seek entry, but you'd have to do so without causing damage and a locksmith won't be cheap.

Nothing is likely to happen further on a Sunday, so waiting until Monday won't change much.

Do you know anyone with a boroscope that could look through a gap for you?

[xvivalve]

Digressing there for a moment Raf, does that mean you can now tell someone who has clamped your car on open land, ie no barrier, to remove it without payment being made?

[Galileo]

Exactly that, they can though still pursue you for parking charges through the civil courts, but what they cannot do is clamp or otherwise restrict your freedom to remove your car, and that includes someone blocking you in with another vehicle, it is a criminal offence to do so and you can quite rightly call the police.

There was always a previous argument about restricting the freedom to 'enjoy' your property but the 2012 law actually cleared everything up and made it crystal clear.

Here is the police position: https://www.askthe.police.uk/content/Q441.htm

(Though not exactly the OP's issue, this is more a question about an abandoned vehicle on your own land)

Edited with a much better example! https://www.askthe.police.uk/content/Q528.htm

[rpgrainger]

so I rang the council today and they confirmed they thought the garage was not rented.....
and had not been rented since 2012....they only changed the locks on Thursday as someone wanted to rent a garage.....
they always go down change the locks and confirm its empty
my car is safe and sound and I can get it out whenever I want...they don't want any back pay......he just laughed and said " you have had a free garage for a few years"
he is going to set up a new direct debit and have found me a garage just down the road from me
so a good result in the end
rob

[Galileo]

Phew! Good to hear that we have a happy ending here!

Now let that be a lesson for you, your Dolly needs to see fresh air a little more often.

[Mahesh]

That is good news.

[tamtrucks]

when i read this my heart sank but luck was on your side,great outcome.alway check your bank account for dd stopping for no reason,,,,,,,,,,,funny that,councils and other firms they always ask for contact number but never phone it