A Limpopo legal secretary, whose car was towed without her permission after her son crashed into a curb, had to obtain an urgent court order to get her car back.
Judge Peter Mabuse on Wednesday in the North Gauteng High Court in Pretoria ordered the Fair Group of Sandton and its division First Road to immediately return Louise Wilson’s 2006 Citroën and not to interfere in any unlawful manner with her possession of the car.
The Sheriff of the high court was authorised to remove the vehicle from the company’s storage facility in Waltloo, Pretoria.
According to court papers, Wilson’s woes began when her son, Gerhard, collided with a curb while driving her car in Garsfontein, Pretoria, in January. The car was damaged to such an extent that it had to be towed away from the scene of the accident.
Wilson said in an affidavit her son had signed a delivery note, but the towing service never received her express consent to tow the vehicle or to store it at their premises.
The towing company then flatly refused to release her car and even a lawyer’s letter, numerous e-mails and discussions with their staff could not resolve the dispute amicably.
She said she continued to suffer prejudice as a result of this attitude as she incurred storage costs while her car continued to be stored at the group’s premises.
The towing company was also ordered to pay the legal costs of Wilson’s application.