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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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A car was abandoned on the driveway at the front of my house

Resolved Question:

A car was abandoned on the driveway at the front of my house without explanation. As we had recently been burgled, it was causing particular distress to my wife and young son.I phoned the police but they would not move it because it was not blocking our exit to our home. I was similarly advised that the local council would not help either.Eventually, in desperation, I tracked down somebody with a tow truck to take it away. I paid him cash.About a week later, I had a call from a local garage who informed me that they had been given my details by the police. It transpired that they had left the car on our front by mistake.I advised them where the guy with the tow truck had left it and also provided the police with his telephone number.The car was no longer where the man with the tow truck claims he left it.On Friday I received a letter from the garage's insurance company falsely claiming that I had refused to give the contract details of the towing company and stating that I was liable for the cost of the car and for their legal costs.Where do I stand. Am I inevitably liable or do I have a defence?
Submitted: 24 days ago.
Category: Law
Customer: replied 24 days ago.
I believe I have recordings of all the relevant conversations stored on my phone.
Customer: replied 24 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 24 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JGM replied 24 days ago.

Was the car left on your land? If so you are entitled to have it moved. You paid someone to do that. You have no liability to keep or safehpguard Property left on your land.

JGM and other Law Specialists are ready to help you
Customer: replied 24 days ago.
it was left on my land. Are you someone I can hire to write a letter on my behalf in response to the garage's insurance company?
Expert:  JGM replied 24 days ago.

The JustAnswer phone system appears not to be connecting. Scan me the letter you have to my confidential email at***@******.*** and I will tell you how to answer it.

Customer: replied 24 days ago.
The email is on its way from***@******.***
Expert:  JGM replied 24 days ago.

Your letter should refer to theirs of 14 November and go on to say: “The car was dumped on my driveway. I am under no obligation to look after it personally. I requested a vehicle remover to remove the car from my driveway. Before doing so I asked, without success, for the assistance of the police and the council. The case of Donaghue v Stevenson is irrelevant to the current circumstances. That case is authority for third parties being liable to claimants in certain limited circumstances which do not apply here. Any duty of care which I had to your insured was satisfied by me. I have already advised you of the identity of the company I employed to remove the vehicle. Without prejudice, Yours faithfully.”

Customer: replied 24 days ago.
Thanks for this.I will use it. I am extremely tired right now, but will arrange your payment first thing tomorrow morning.May I keep your contact details in case there is any follow up?
Customer: replied 24 days ago.
Thank you for your work, over and above your fee I have given you a bonus of £66 which should bring your payment up to a nice round £100. If the money is held up for any reason, please let me know. Kind regards,
Simon
Expert:  JGM replied 24 days ago.

Many thanks. Don’t hesitate to ask for me again if I can help you.

Customer: replied 19 days ago.
Dear JGM,Though I tweaked the correspondence to ensure that I remained truthful, I followed you advice as closely as I could in drafting my reply the solicitors of the insurance company. The correspondence has gone as follows:Me:Dear Sir/Ms.,Having now taken proper legal advice, I refer again to your letter dated November 14 2017.The car in question was dumped in my driveway and I am under no legal obligation to look after it personally.I requested a vehicle remover to remove the car from my driveway.Before doing so I asked, without success, for assistance from the police and the council.The case of Danaghue v Stevenson is irrelevant in the current circumstances. That case is authority for third parties being liable to claimants in certain limited circumstances which do not apply here.With his endorsement, I have already advised the police of the name and contact details of the remover I employed to remove the vehicle.Without prejudice, Yours faithfully,
Simon KinzleyThem:Mr Kinzley,
For the avoidance of doubt could I confirm you are refusing to tell me the name of the recovery company that removed the vehicle?
Kind regards
Christine Ward
-------------------------------
Christine Ward CERT CII
Total Loss Claims Adjuster,
QBE European OperationsMe:Ms Ward,That is incorrect.I gave all the details that I had of the person who removed the vehicle to the police.Though I don't know what use they made of Tue details, it was my impression that they intended to phone him.Yours faithfully,
Simon KinzleyThem:Dear Simon,
With reference to your correspondence below are you then able to provide details of the police office to which you provided the information? We will require the name, badge number, jurisdiction any reference number they have provided you with. Alternatively you could provide the details of the recovery company that you employed to move the vehicle and we can contact them directly.
Kind regards,
AndyMy natural inclination is to state that they should contact the police directly regarding this matter as the police have the appropriate records. I also don't think it is appropriate and I am not even sure whether it is legal for me to give out the personal contact details of other individuals to people or organisations whose credentials I know nothing of and whom I am unsure have the legal right to compel me to do so.
Please could you advise me on what I should do and how I should respond.Kind regards,
Simon
Expert:  JGM replied 19 days ago.

There’s nothing to stop you giving them all the information you have about the police and the tow truck company.

Customer: replied 16 days ago.
Do I have a legal obligation to do so, given that I have already passed all of the information I have to the police?
Expert:  JGM replied 16 days ago.

No you don’t. The only way they could force you is if they sue and get a court order for release of the information.

Customer: replied 16 days ago.
Thanks, ***** ***** final question relates to how I pay you for answering my additional questions. I can't see a button to click on this to give you more money for your advice. If you want to message me some details I would be happy to pay something direct.
Expert:  JGM replied 16 days ago.

Thank you. There may be a box which allows you to make a bonus payment.

Customer: replied 16 days ago.
Can't see such a box so have written to customer support.
Have a great day,
Simon