Council removed our road worthy/legal car from our car park.

dacouch

I agree with you Mark, mistakes do happen and if you read the official guidelines of what "could suggest" its an abandoned car its easy to see how a mistake could be made. However like you said the moment she rang and advised them they had made a mistake they should return the car to her immediately. I could understand if they asked for proof it was not abandoned such as insurance etc (Although the council could have checked the insurance, registration and mot using ELVIS).

We seem to be seeing a lot on the news at the moment where council / government employees do not hold there hands up and say fair cop I made a mistake. Everyone makes mistakes and in my experience if a mistake has been made its easier and costs less if you admit it at the first chance and then sort it out rather than let it drag on and increases costs

greenface

contact your papers theyll soon shift their lazy fat Aarrsseesss

Neil_B

dacouch wrote: »

I agree with you Mark, mistakes do happen and if you read the official guidelines of what "could suggest" its an abandoned car its easy to see how a mistake could be made. However like you said the moment she rang and advised them they had made a mistake they should return the car to her immediately. I could understand if they asked for proof it was not abandoned such as insurance etc (Although the council could have checked the insurance, registration and mot using ELVIS).

We seem to be seeing a lot on the news at the moment where council / government employees do not hold there hands up and say fair cop I made a mistake. Everyone makes mistakes and in my experience if a mistake has been made its easier and costs less if you admit it at the first chance and then sort it out rather than let it drag on and increases costs

Absolutely and it is completely bemusing why they don't?

just going back to when this happened to me - it's relative to a few of the suggestions made through the thread.

Initial contact with Council officer who removed >>> tough, you were not taxed so give me £105 and if you don't it will cost you storage and then crushing. (I WAS taxed and displaying!)

Local MP >>> no response.

2 X local Councillors >>>> nothing to do with me - and clear attitude I must be at fault.

Local paper >>>>>> ditto the Councillors' attitudes.

Police (who had been present) >>>> so what? Don't be stupid it's not theft. That Council officer is my mate and , surprise surprise, ex plod. He doesn't lie (he had).

Senior Council officers X 2 ->>>> oohh erm, oooh erm , oooh erm, welll ---- erm.

Council complaints officer for case over 20+ extended calls.>>>>> ditto ooh erm, followed by finally getting them to acknowledge that there was endless evidence in the cab that the vehicle was in recent use. Notably about 12 P&D tickets, of their own for a different location, on the dash with several in the same week!

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rest of story and outcome in a minute but the particular relevance is as dacouch says - none of this was necessary. "Bring it back immediately" was my first statement!
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dacouch

Neil B have a read of the following link, I think it could help you gain some compensation and satisfaction


http://www.greenwich.gov.uk/NR/rdonl...tAppendixA.pdf

latimer_2

Hello hope this helps (sorry if it repeats earlier comments)

First of all local authorities have statuary duty under the Refuse Disposal (Amenity) Act 1978 to remove abandoned vehicles within their area. There is no requirement to serve a notice on a vehicle prior to removal as amended by the Clean Neighbourhood and Environment Act 2004. There is no legal definition of an abandoned vehicle and it is for each abandoned vehicles officer to make his own determination, however www.defra.gov.uk have produced guidance for abandoned and nuisance vehicles and Local Authorities should also have clear polices and procedures in place the assist officers in making a determination.

Procedures should include carry out checks the DVLA and police prior to removal (legal requirement under the Refuse Disposal (Amenity) act 1978. Defra guidance does indicate that prior to removal local enquires should be carried our, in my opinion this means knocking on your door or leaving a calling card prior to removal.

On removal of a vehicle, local authorities must serve a notice on the person appearing to them to be the owner advising that the vehicle has been removed as abandoned.

I would suggest that you ask to see the local authority’s policy/procedures using a FOI request. Were the procedures followed? is there a policy?

Was the abandoned vehicles officer authorised? He should either have an authorisation (warrant) card or there will be council minutes appointing the post holder. There is case law from around the 1950??? requiring council officers to be authorised prior to commencing work.

Mark_Hewitt

Looks like the law is badly drafted then. If the council had to return a wrongly removed vehicle at their own expense then I think they would be a bit more careful. As it is it looks like they are just trying to make a bit of money for themselves.

Neil_B

dacouch wrote: »

Neil B have a read of the following link, I think it could help you gain some compensation and satisfaction


http://www.greenwich.gov.uk/NR/rdonl...tAppendixA.pdf

Thanks but all a bit late for me I'm afraid. It was certainly more than six years ago. I wasn't clued up and forums like this didn't exist.

I'll just finish the story to outcome because again some is relvant to OP.

I was ill at the time and not working. i engaged a solicitor on legal aid but that was exhausted at the crucial moment.

The outcome was that they agreed to return the vehicle - BUT, relevant to Mark Hewitt's last post - I had to go 10 miles to collect it! I succumbed I'm afraid and really wish I'd seen it through to decent compensation.

They did actually send me a cheque for a paltry £25 which i believe i've still got somewhere - too disgusted to cash it.
I could not use the solicitor further but he did comment that i should write and suggest they stick a nought on the end or legal action would follow. Again I'm afraid i simply wasn't well enough to pursue and the effect of the relief of getting my vehicle back kicked in.
The solicitor's suggestion of £250- tallies with the link that dacouch posted.

For this OP i would think that a claim for circa £300-500 would be entirely reasonable - just from a common sense point of view.
For anyone who had this happen and a vehicle taken that was normally used for work - i'd be looking for considerably more with the relevant proof of loss of earnings.

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In my niaive way at the time I actually raised a petition and got 33 neighbours to sign to say the vehicle was in regular use - INCLUDING - the b***h that reported it!

nickismee

Just an update..

firstly, many thanks to everyone who has helped me out with this problem. The situation has now been RESOLVED!!

We have been speaking with the head of environmental services, who in HIS opinion, doesn't think the council have actually broken any laws, BUT, he is going to waiver all the fee's and we are free to pick the car up.

Which makes me think, if he has let the car go without any fee's, could we take this further? There must be a reason as to him doing this, has the council really followed the procedures correctly??

Simon (dh) has been in touch with the solicitor to ask her if we have a case, but she isn't in the office untill Friday, so he is going to ring back then. If anything, i would like to recover the phone bill for all the 0845 numbers we have had to ring over the past week on a mobile phone.

Simon is currently trying to hire a garage from the council so this never happens again.

Again, thank you so much.. x

impster

This sounds to me as if the head of environmental services is taking the stand that he is doing you a favour by waivering fees.

I would guess it's a 'get out of jail card' of sorts for him and his council.

Ask him why he feels that no laws have been broken? In other words, what justification have they had for removing the vehicle and causing you a significant inconvenience?

Just my 2p's worth.

Mark_Hewitt

impster wrote: »

Ask him why he feels that no laws have been broken? In other words, what justification have they had for removing the vehicle and causing you a significant inconvenience?

.

But make sure the car is back in your posession before you do that!