Help!! Council fine me, move & damage my car in one day!!!

creme_egg_2

Help!! Advice needed ASAP!

Basically the following happened....... please read and help as my insurance is not helping and the council are useless! This is a copy of a letter i sent them.

I am writing in regards to my car being re-positioned by Islington Council and causing damages to my car in the process. I have also written to Islington Council to dispute the Parking fine also given on this date.

I was away from my home in London until Saturday 18th July, I returned to find my car missing from where I had parked causing me to panic and nearly call the police. I then noticed my car been re-positioned further up the road due to my bay being suspended whilst away. I received absolutely no notice of this sudden closure of the bay of which I pay for the right to park in. I received a fine of £120 as well as damages to my car, see attached photos / completed form.

On Monday 13th July, the bay I was parked in was suddenly suspended whilst I was away and had been parked in this spot for a week previously. The same day I received two notices on my car, one reading that I was "illegally parked" and that my vehicle had been "authorised for removal/clamping" and one reading that my vehicle had been "re-positioned by the Council".
On both notices the date, place, authorising officer, and employee number had been filled but the time section had been left blank.


When I found my car I was in shock of the cars relocation and of the damages caused in the process. See below for a list of all noticeable damages from the outside of the car.

·Passenger back wheel Fender
[FONT=&quot]o[/FONT]Scratched
[FONT=&quot]o[/FONT]Large dent
[FONT=&quot]o[/FONT]Crack leading to the back bonnet

• Back Bonnet
  • Become loose and started to come apart – caused by damages to the Fender

·Front Bumper
[FONT=&quot]o[/FONT]Now loose next to the right lights, clear gap can be seen


·Drivers back wheel Fender
[FONT=&quot]o[/FONT]Blue scratched – gripped my machinery leaving marks

I am expecting full compensation for the above damages. As requested I have attached the ‘Damage Form’ and also pictures of my car when I found it.

I have spoken to sooo many people at the council and no-one is helpful. They are even trying to make me pay the £120 fine. NO WAY! This all happened in one day and i didnt have a clue.

Can someone please advise what to do? Can i go to a small claims? Anything that would help the council mend my car?! So angry! This all happened on my birthday too... fun! I have photos if anyone wants to see, however, apparently i can't upload them as i'm a new user

Thanks in advance from anyone! x

peter_the_piper

I hope someone can come along to help you. At least the council did not tow you instead as they sometimes do and charge another £250 on top.
I think you would have some difficulty proving that the council damaged your car and not someone else, unless there's CCTV footage you could use.

creme_egg_2

Sadly dont think theres any CCTV in the area.. but the blue mark around the rim is clearly where its been gripped. So angry! Shouldnt my insurance at least be able to do something?! Also most of the damages are on one side (the oppisite to the gripping mark) where it looks like it wasnt done properly and slipped..

patman99

Go see a solicitor. Take photos of the car both before and after the damage. He should be able to advise you on suing the Council.
Also, chech the public notices in your local paper, going back at least 30 days prior to the date the vehicle was moved. Councils MUST give at least 28 days CLEAR notice when changing parking restrictions, speed limits etc., if they didn't, then the suspension has no legal bearing.

Write to the Council demanding to see a copy of the public notice, and ask them which papers it was punlished in and on what dates, also, check the lamposts for any remaining notices that may have been put up, as the council round my way also advertises changes this way as well (just in case people don't read the local paper.

creme_egg_2

Havent actually got money for a solicitor - any other options out there? I have emailed the council again asking for the notices, they dont bother replying for ten days though. Will get checking the papers tomorrow, thanks.

I havent moved my car since they did - am i able to use it or would it be safer not to?

Neil_B

patman99 wrote: »

chech the public notices in your local paper, going back at least 30 days prior to the date the vehicle was moved. Councils MUST give at least 28 days CLEAR notice when changing parking restrictions, speed limits etc., if they didn't, then the suspension has no legal bearing.

Absolute rubbish.

---
If you want a site where you are quite rightfully able to post pics immediately, go to PePiPoo forums. Also best advice!

creme_egg_2

Has anyone else got advice as what to do / if im able to use my car? Was going to call citizen's advice in the morning..

patman99

Calling CAB is a good idea, but be patient, they are all snowed-under at the moment.
If you have taken loads of photos of your car and the damage caused to it, then I can't see why you can't continue to use it.
Check the regs on parking bay markings, then get your tape measure out. if the bay the suspended didn't conform EXACTLY to the allowed dimensions, then it didn't have any legal existence to begin with. If thats the case, then
a) You could not have been illegally parked
&
b) You didn't need that expensive permit in the first place.

I remember Jonathon Maitland going out on to the streets of London with a road markings expert, they examined about 40 bays, of which 37 failed to meet the requirements, so it's worth a punt.

Neil_B

patman99 wrote: »

Check the regs on parking bay markings, then get your tape measure out. if the bay the suspended didn't conform EXACTLY to the allowed dimensions, then it didn't have any legal existence to begin with. If thats the case, then
a) You could not have been illegally parked
&
b) You didn't need that expensive permit in the first place.

Wow! you don't stop with the tosh do you!

If the bay is suspended the legality of the markings in the first place, during or after is irrelevant.

Neil_B

creme_egg wrote: »

Can someone please advise what to do? Can i go to a small claims? Anything that would help the council mend my car?! So angry!
Thanks in advance from anyone! x

Firstly just a case of getting the right dept in the Council. It won't be 'Parking'.

You've submitted a 'damage form' -- ok --- but have you actually got quotes for repairs? You will need to submit them --- they can't just guess.

I don't see a problem particularly cos the Council will just claim this on their own insurance.

if they fail then you send a straight to the point 'Letter before action' and give them, say, 10 days to respond. If they don't then file a Small Claim. Cost is minimal.

You MUST deal with this separately to the PCN issue ---- and that won't go away unless you deal with it too.
-

Crabman

creme_egg - if you have any problems posting the pictures (assuming you've not already taken this to Pepipoo) send me a PM and I'll post the image links for you. The following thread should help you upload the paperwork:

How to Upload & Post Images (PCN/NtO/other related paperwork)