Car Crushed by Management Company while on Vacation

E

ELG

Registered User
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Hi everyone,

I am an apartment owner and my apartment came with a private car parking space. However I ride a motorcycle almost all year round, motorcycle parking is free in the apartment complex. I do own a car, registered in my name and parked in one of the designated private spaces. However as the car is never used it was not insured, taxed nor did it have a current NCT.

I recently returned from vacation after spending 3 weeks abroad to find that my car had been towed at the request of the Management Company for being illegally parked. Despite all apartment owners having to give details of the car, make, model, colour and reg to the Managment company. So they should have had all my details on file.

After finally getting in touch with the towing company earlier today (Friday) they informed me the car was crushed.

Immediately I tried calling my Management Company but their office had closed for the day and is not open until Monday 9am.

Can anyone tell me where I might stand regarding this situation? As we are coming into the really cold mornings it's almost time to ditch the two wheels in favour of four which was my plan to get the car NCT'd and back on the road in December.

Thanks in advance for any advice.
 
I'd imagine the OMC will come to some settlement with you for the value of your car but there's somethigh missing from your post. You say the car was parked properly, they say it was illegally parked - which is it?
 
You really need to take legal advice before going any further. There are a number of legal issues that need to be explored.
 
Thanks for the replies.

Regarding the car being illegally parked, that's what the management company told the towing company. The car wasn't illegally parked but I have a feeling from the look/state of the car, it wasn't washed in over a year plus it had two flat tyres, they probably thought it was abandoned.

Regarding legal advice, what type of advice should I be looking for?
 
Get straight down to the Garda station and report it as an Unauthorised Taking (UT). Your car was taken without your permission from where you left it, that is a crime.
 
Legal advice would revolve around unlawful taking and disposal. Both criminal and civil matters. A solicitor would in the best position to advise what form any complaint to the Gardaí should take.

they probably thought it was abandoned.
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There are procedures they must follow, it is obvious they haven't.
 
That's good advice. Thanks everyone. I'll get down to my local garda station tomorrow and report it as a Unlawful Taking and take it from there. Very much appreciated. Thanks again.
 
there may be a clause in your contract with the management company that any cars parked in the car park must be insured. From their point of view, if a car caught fire in a communal car park and set fire to others, they don't want to be liable.

I know its different, but I have a parking permit with Dublin City Council. I have to produce an insurance cert every year in order to get a permit.
 
You say it was a designated spot. but was it your designated spot? Or a designated visitor spot?
 
are you fully up to date with your service fees? in other words fully contractually compliant?

Not sure how an OMC would be responsible for cars as even if a fully insured car were to catch fire damage to other cars would be covered by those individual policies and damage to the building would be claimed from the block insurance policy. So you wouldn't be claiming from the car who caught fire anyway? Unless you could prove that it was the drivers fault.

Certainly you would expect a fairly rigorous process of notification and advice on what the OMC was considering doing and the legal clauses that back them up in this regard. Get a copy of your contract lease and read it carefully.

On the flip side I would imagine a car like this which I will 'assume' had passed its best had there a long time was doing everyone's nut in parked in the car park and the questions to be asked is why were you keeping a piece of junk? If you don't want a car just get rid of it. You have plenty of money for a three week vacation which most people including myself could only dream of as keeping fuel in the car is a priority.

Anyway, hardly a huge loss as its value was potentially minimal. What do you want from this situation? Subject to garda and legal advice you may have a claim. Again, if you have plenty of money to launch a court case why are you not just looking after your car?

Not picking but its important to be plain and blunt.
 
Brilliant! So now a person cannot keep an old car in a proper parking space?

What a person spends their hard earned money is of no concern to the OMC or other people.
 
lantus said:
are you fully up to date with your service fees? in other words fully contractually compliant?

Not sure how an OMC would be responsible for cars as even if a fully insured car were to catch fire damage to other cars would be covered by those individual policies and damage to the building would be claimed from the block insurance policy. So you wouldn't be claiming from the car who caught fire anyway? Unless you could prove that it was the drivers fault.

Certainly you would expect a fairly rigorous process of notification and advice on what the OMC was considering doing and the legal clauses that back them up in this regard. Get a copy of your contract lease and read it carefully.

On the flip side I would imagine a car like this which I will 'assume' had passed its best had there a long time was doing everyone's nut in parked in the car park and the questions to be asked is why were you keeping a piece of junk? If you don't want a car just get rid of it. You have plenty of money for a three week vacation which most people including myself could only dream of as keeping fuel in the car is a priority.

Anyway, hardly a huge loss as its value was potentially minimal. What do you want from this situation? Subject to garda and legal advice you may have a claim. Again, if you have plenty of money to launch a court case why are you not just looking after your car?

Not picking but its important to be plain and blunt.
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Plain and blunt?! Your post is so self righteous....whining on about dreaming about a vacation and struggling to keep fuel in your car. Spare us, as it has nothing to do with the question.

The OP's car was basically stolen and scrapped, i'd say (s)he wants the value of their car back! I would get straight to the Gardai as others have said. Ensure you have proof of ownership and a copy of the destruction cert if possible
 
well I have outlined both sides. Given the OP's assertion that the OMC had his details it is difficult to see any situation where correspondence was not delivered to the unit owner regarding this situation given how serious vehicle removal is. I suspect that there is an untold element to this story and as we all know only the people involved have all the information so there is little point in guessing. As per times comment it is 'odd' that an OMC would undertake such activities.

Certainly no one wants to see anyone's property removed without good cause but there may of been a correct and fully legal process undertaken in full accordance with the contract lease. And there may not of been....

The simple answer is that the OP should seek legal advice and contact his OMC at the earliest opportunity. If the development has parking permits and one has been issued it will be very hard for the OMC to argue they did not know about this vehicle. The OP should consult his contract lease immediately and see what it says and his solicitor will also be able to advise on this matter as they can be challenging to read.
 
lantus said:
are you fully up to date with your service fees? in other words fully contractually compliant?

Not sure how an OMC would be responsible for cars as even if a fully insured car were to catch fire damage to other cars would be covered by those individual policies and damage to the building would be claimed from the block insurance policy. So you wouldn't be claiming from the car who caught fire anyway? Unless you could prove that it was the drivers fault.

Certainly you would expect a fairly rigorous process of notification and advice on what the OMC was considering doing and the legal clauses that back them up in this regard. Get a copy of your contract lease and read it carefully.

On the flip side I would imagine a car like this which I will 'assume' had passed its best had there a long time was doing everyone's nut in parked in the car park and the questions to be asked is why were you keeping a piece of junk? If you don't want a car just get rid of it. You have plenty of money for a three week vacation which most people including myself could only dream of as keeping fuel in the car is a priority.

Anyway, hardly a huge loss as its value was potentially minimal. What do you want from this situation? Subject to garda and legal advice you may have a claim. Again, if you have plenty of money to launch a court case why are you not just looking after your car?

Not picking but its important to be plain and blunt.
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Firstly I clearly outline in my original post I'm a biker, I use my bike in all weather conditions. Mainly because I can't afford Tax and Petrol to keep a car running all year long. But in the winter months I go back to 4 wheels for my own safety. The car in question hasn't been used since last January. A good service and it's as good as new. It has plenty of life left in it.

Secondly, I also can't afford a 3 week vacation. I bloody wish. My girlfriend is a nurse overseas and as I won't see her over Christnas and New Years she invited me over to stay with her. All it cost was a cheap flight.

Which brings me to my last point. I definitely can't afford to take a legal case or bring the management company to court. I'm hoping they will admit there was no communication and using the details they have on file come up with an agreed value. I can't afford to replace the car so close to Christmas so could potentially be out of pocket if I miss work due to no transport. (I work nights so don't have the ability to take public transport and a taxi would defeat the purpose in going to work at all. ) Most roads aren't gritted by the time I'm leaving work so taking a motorcycle is a huge risk on our roads in winter.

I was just hoping perhaps somebody on here has heard of a similar scenario and I would have loved to hear the outcome. Either way I'll find out tomorrow when I call them.
 
Can you get car insurance and tax just to drive over the winter/part time or do you have to pay the full year cost?
 
Do you live in a gated estate, or does it have open access to the public? If it's open to everyone, then it's defined as a public space, and your car needs to be taxed and insured, even if it's left in a parking space.
 
Bronco Lane said:
Can you get car insurance and tax just to drive over the winter/part time or do you have to pay the full year cost?
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Yes you can get Tax for 3 Months. I pay for a full years Insurance up front but after 3 months get a pro rata refund on the remaining months.
 
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