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Old 14-04-11, 07:21 AM   #28
Dan1971
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Location: Scottish borders
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If the car was at yours getting work done and then taken away by the owner with the debt outstanding, it is theft of the car as the garage has a proprietory right or interest in the vehicle. There is a stated case on it. It is theft - or could fall under making off without payment.

Scottish laws do vary from English ones, but the principles are usually the same.

I fear that your dad is not being supported by your local police.

R v Turner (No 2) [1971] 1 WLR 901.

The defendant removed his car from outside the garage at which it had been repaired, intending to avoid having to pay for the repair. The Court of Appeal held that the car could be regarded as 'property belonging to another' as against the owner, since it was in the possession and control of the repairer. (Note: were the same facts to present themselves today, a charge of making off without payment contrary to s3 TA 1978 would be more appropriate.)
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