The Whangarei District Council has been forced to apologise to a businessman for demanding $10,000 in storage costs for a truck it wrongfully seized for 19 months.
A seething Brian May, owner of Magic Tyres and Mags, is now taking legal action against the council seeking damages for the seizure of his truck, now worth $1500, which he wants replaced. His Isuzu truck was seized in January 2013 from outside his former business premises on Okara Dr for displaying advertising signs the council said breached its bylaws.
Mr May challenged the seizure and Judge Keith de Ridder ruled in June last year the council seized the truck on grounds that did not permit it to do so. The judge dismissed the council's application for an order to dispose of the truck and recoup costs which then stood at $3270. The truck was returned to Mr May but he claimed the vehicle was "rotten" and of no use to him after being kept outside.
On May 31 this year, the council sent him an invoice for $10,281 for storage cost of his truck from January 21, 2013 to September 9, 2014. In a letter back to the council Mr May demanded that if a written apology from the council and a credit payment of $10,281, being the storage cost of his truck, did not eventuate, he would take appropriate action.
Council group manager district living Paul Dell replied it had no intention of making a credit payment. "While you also note that if we do not apologise and make the payment, you will have no option but to take appropriate action which it appears you are already intending to do," Mr Dell said.