QLD Someone has registered a car that belongs to me

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cakeforbreakfast

Active Member
29 December 2022
10
0
31
Due to circumstances explained below I found myself in a situation when a vehicle to which I was the lawful owner off was taken from me. I have not transferred ownership of the vehicle and have recently searched the PPSR and found it registered.

My question is regarding my legal right to recovery ?


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Circumstances


During a time in my life when I was suffering from unforeseen circumstances I found my self homeless and living out of my car. My car was located in an underground carpark which was in a residential building of an acquaintance. While I was not present someone had jacked my car up and stolen the wheels (which were quite valuable) and placed concrete bricks where the wheels were. Soon after the building management spoted the car in the carpark proped up onto concrete bricks and made the decision to have he car towed (I am clueless how they thought this was the right decision to make as clearly a crime had occurred and they were interfering with a crime scene ). Nonetheless this is what came to my knowledge when I returned to where I believed my car was located at the time.

In this instance it may be common sense that one would contact the police given the nature of events, however I did not. There are a number of reasons why I did not and the situation was quite complex. However the main contributing factors for this was due to the emotional fear I held of law enforcement. This fear was due to my own personal experiences with the QPS and pending drug possession charges that I failed to appear before the court on. I feared that police contact may see to loss of liberty. So I decided not to report the event to the police even considering the additional challenges I now faced with the additional issue that the car I was living in was now gone along with all of my possessions that were inside the car.

A few weeks later I was in a Position to track down the location of my car and make some inquiries. After contacting the tow truck company I was told the fee for release was over $3000. The fee was made up of storage costs and associated high cost of towing due to a specialty vehicle being required for the tow as the car had no wheels. Due to my circumstances and the mounting issues I had at the time I was unable to focus on this single issue and was unable to take possession of my car.

Sometime passed and I made progress on the mountain of problems I had once faced. It was an extremely challenging time in my life and ironically it was the justice system that I feared whom assisted me with housing rather than imprisonment (*Justice system does not include the QPS as due to years of discrimination and harassment there will forever be a lack of trust in law enforcement). Having stable housing was the single issue I had to resolve before I could even begin to resolve other life obstacles.

The date that the above events occurred was somewhere in 2018. I have not made any attempts to recover the vehicle since my phone call to the towing company back then and had just forgotten about it as it was in the to hard basket given the number of life threatening issues I had to resolve. To me the car was my pride and joy. The vehicle is a Nissan 350 Z roadster and I was a real enthusiast. I sacrificed a lot of money ( when I had it prior to unforeseen circumstances ) and countless hours making modifications and improvements to the vehicle. While looking through my photo album I came across the car and begun thinking what had happened to it. Subsequently I located the VIN searched the PPSR. To my surprise the vehicle is registered in Queensland and registration is valid till 2024.

Am I able to recover the vehicle or sue for compensation?

if so how would this be done?


Thank you in advance for taking time to consider the issue I have described above.

You’re opinion, advice and guidance is highly valued and appreciated.




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Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear cakeforbreakfast,

The legally salient points in your situations are - you presumably were the previous owner of the car in 2018, your car was parked at a private location, a crime was committed to you at your car, you did not communicate with the police or anyone for around or even more than 6 years, you didn’t know for sure anyone made a police report at that time, nothing of note legally occurred and you now learn the car is registered with a different owner, and it is not marked as stolen or otherwise encumbered.

It would be very difficult for you to take any action in this situation, because:

1. I am not convinced that anyone had any obligation to file a police report with respect to the car back in 2018 - the most likely person was yourself as the owner, whereas a building management employee isn’t legally required to. It is also quite normal in this case for that the building management treated a vehicle with no wheels left at private property as abandoned. In Queensland the appropriate procedure is to report to the council of an abandoned vehicle, have it towed, disposed of by advertising the appropriate authority, obtain a certificate that no one come forth to claim the abandoned vehicle, then it can be sold. If no delay, such actions can take place between 1-6 months.

2. If you wish to involve the police now by alleging the vehicle as stolen back in 2018, it would be unlikely anything the police can do and they would query why such a long time has passed.

3. If you wish to take any civil action (e.g. complaint about the building management’s conduct, sue the current car owner registered on the vehicle) on present information you do not appear to have valid case.

4. There is also the issue of time limit - 12 months for abandoned goods, 12 months for low range criminal offence, 6 years to commence civil proceedings. You may be fast running out of time or even already out of time to take any action.

If you wish to consider this matter further, you will have to seek legal advice. And you will need much more information than a serial number check.

Good luck!

-Nighthelyn
 

cakeforbreakfast

Active Member
29 December 2022
10
0
31
Thank you for the detailed advice Nighthelyn

May I just query one of your points for further insight regarding the building manager whom had the car towed from the guest carpark without wheels. I understand that it would appear to be an unusual sight to see a car jacked up without wheels and most likely an unpleasant one for building Managers in the new apartment building.

But car owners don’t generally remove wheels from their car and leave the car with no wheels. I would have thought commen sense would suggest they were stolen. There was certainly CCTV footage in the carpark that would likely show my car with wheels and then without if management cared to look.

Thanks again
 

Nighthelyn

Well-Known Member
24 September 2014
103
12
414
Sydney
Dear cakeforbreakfast,

Unfortunately, common sense action for you as the former owner isn’t the same as common sense for a building manager. I can imagine he probably think it is easier to just get it towed, rather than report to the police+may have to physically attend a police station for a police report+then probably was told he need to organise it to be towed anyway. Especially since what he does, on present information is probably legal.

Good luck!

-Nighthelyn