Issue Date:  -  Wednesday, 15 December 2004

Consumer's vehicle unlawfully towed and sold

Legal proceedings by Consumer Protection against Wayne Allan Russell, the owner/operator of A1 Towing Service in Willetton have been settled by a payment of $4,000 being made to the consumer.

In October 2001 Mr Joel Camp’s vehicle was removed from a residential complex in East Fremantle where Mr Camp was living. The vehicle was then sold, and the proceeds of the sale retained by Mr Russell.

Mr Camp returned home from holidays to find his 1991 Holden Commodore missing from its parking bay. It was wrongly assumed by a resident of the complex that the vehicle had been abandoned and a real estate agent instructed Mr Russell to remove the vehicle from the premises.

By legally stepping into the shoes of the consumer on this occasion, the Consumer Protection Commissioner Patrick Walker has secured compensation for Mr Camp who was dispossessed of his vehicle.

“A number of pre trial conferences with Mr Russell and real estate representatives led to the financial settlement which compensates Mr Camp for the value for this type and age of vehicle.

“Prior to our court action which commenced earlier this year, Mr Camp’s own efforts to be compensated for the loss of his vehicle were falling on deaf ears”, Mr Walker said.

If the real estate agents and towing company had followed the provisions of the Residential Tenancies Act or the Disposal of Uncollected Goods Act, Mr Camp would have had an opportunity to recover his vehicle before it was disposed of, or he would have had a simple avenue to seek compensation for his loss. The net result of the actions of these parties exposed Mr Camp to a serious financial loss.

Consumer Protection considers the conversion of another person’s property as very serious conduct and in this instance the Commissioner found that it was appropriate to act on behalf of the consumer, as he had limited opportunity to pursue his entitlements against those responsible.