Issue Date:  -  Thursday, 6 May 2004

Consumer's Vehicle Unlawfully Towed and Sold

The Consumer Protection Commissioner has commenced legal proceedings for damages for conversion in the Local Court on behalf of a consumer against Wayne Allan Russell, the owner and operator of A-1 Towing Service of Willetton.

Consumer Protection alleges that Mr Russell unlawfully removed the consumer’s vehicle from where it was parked, sold it and retained the proceeds of sale in full.

"We have commenced legal proceedings on behalf of a young man who we allege has lost the use and value of his motor vehicle as a result of the actions of Mr Russell", Consumer Protection Commissioner Patrick Walker said.

Joel Camp returned home from holidays to his rented East Fremantle unit to discover his car missing from its parking bay. Although Mr Camp’s rent was up to date, it was wrongly assumed that the vehicle had been abandoned and a real estate agent instructed Mr Russell to remove the vehicle from the premises.

It is alleged that Mr Russell sold the vehicle to the son of an acquaintance, arranged for it to be relicensed in that person’s name and kept the proceeds of sale in their entirety. Despite demand, Mr Russell has refused to reimburse Mr Camp.

"Conversion of another person’s property constitutes very serious conduct. In this instance, we have alleged that Mr Russell’s conduct has permanently deprived a consumer of the use, enjoyment and value of his vehicle", Mr. Walker said.

The Consumer Protection Commissioner will on this occasion ‘step into the shoes of the consumer’ and seek damages from Mr Russell to compensate Mr Camp for the loss of his property.