State settles dealer's $1.8m lawsuit over seized cars

THE STATE has agreed to settle a used-cars dealer’s million-dollar claim for the unlawful detention of 29 vehicles between 2013-2019. A consent order was approved by Justice Frank Seepersad on February 4.
The State accepted liability and also agreed to pay Jean Pierre’s Auto Supplies and Services Ltd damages, interest and costs to be assessed by a master.
On January 6, Seepersad issued an “unless order” for the State to file and serve its witness statements, in defence, by January 31, or the matter would go on as an undefended trial.
The judge was informed of the compromise at Tuesday’s hearing.
In its claim, Hannah Bovell, one of the owners of the dealership, said the police detained the vehicles for periods ranging from three to eight years without an expected date of release.
The vehicles were valued at $1,837,000.
Bovell said after purchasing the vehicles, they obtained certified copies but had not yet executed transfer of ownership when the vehicles were seized.
She said her company offers lease-to-own and work-to-own contracts with clients and transfer of ownership are completed when the vehicles are fully paid off.
Bovell said of the 29 vehicles, 11 were in lease-to-own/purchase agreements with clients and police only released eight to her. Those, she said, were exposed to the elements, their value depreciated and it cost $78,000 to repair.
Eight vehicles, she added, are missing from the police’s compounds and ten others are still at locations across the country. She said over the years, she has provided documentary evidence to prove ownership.
From her evidence, some of the vehicles were reported stolen by clients while others were in accidents and wrecked to various stations, taken from clients in roadblocks while others were found abandoned.
In November 2023, Seepersad dismissed the State’s application to strike out the dealership’s lawsuit
He said there were receipts and certified copies for the 29 vehicles to purport evidence of ownership and payment for the vehicles.
“Based on the pleadings, the defendant proffered no position to demonstrate that any other party has/had a better title to the detained vehicles.
“The court also takes judicial notice of the fact that a regrettable practice does exist whereby people buy vehicles and do not transfer the same to obviate transfer charges or where used car dealers would buy vehicles and only transfer them when they are resold.
“As a consequence, in many instances, the only evidence to establish proof of ownership or an interest in such a vehicle is a receipt.” The dealership and Bovell were represented by Arden Williams and Antoinette Lucas-Andrews.
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"State settles dealer’s $1.8m lawsuit over seized cars"