Ask an expert

I had my car impounded in June of this Year. Can the vehicle be sold without my knowledge and why haven't they tried to contact me?

I have been sick, surly I have some rights as to whether the car can be sold or not?

Is this common practise and if so, how do I take legal action against the impoundment company?

Nisha

From the "Ask Jack" archives - 14 December 2009

I am not a lawyer but my understanding is yes the car can be sold to help recover costs.

There are procedures that must be followed however such as placing a statement of 'intent to sell to help recover costs' in the public notices of a main newspaper such as the NZ Herald, before the vehicle can be sold.

As the owner, you have a responsibility to contact and discuss options with the business concerned about the recovery of the vehicle.

In most cases there is a time period that must expire before the vehicle can be legally sold. This time period is set with the expectation that either the registered owner or a nominated party will make contact with the business holding the vehicle to settle any outstanding debts and arrange collection.

If you feel you have been disadvantaged in some way, you need to make contact with a lawyer to discuss your options.