Help! Council towed my car for no reason and damaged it!!!!!

agentpodge

Hi

I would be grateful for any advice people can give me. Sorry if my post is long but this has been going on for over 1 1/2 years now!

It started when I applied to Hackney Council for a parking permit in April 2009 - their systems were down so I left payment with a written application and was told the permit would be posted to me (I was given temporary permits in the meantime). When nothing arrived I chased as I had run out of temporary permits. I was told to put a note on my car to say the ticket had been paid for and i'm just waiting for it from the counci. I did this but the ticket inspector ticketed me 4 days in a row and on the 5th day towed by car (in the meantime it the council admitted they'd lost my application and were trying to locate it!).

When my car was towed I called the council and they immediately arranged for it to be returned, apologised and said they'd cancel the parking tickets as it was all their error. My permit was then hand delivered along with complimentary visitor permits. Then a few months later I received loads of letters from my old house including court summons for unpaid parking tickets. I filed the relevant papers at court as to why I didn't owe the money and the Council advised that they had forgotton to update their records to show the tickets as paid. During this time I sent in written complaints and told the council and court in writing and on the phone on numerous occasions what my correct address was (being the one for which I'd applied for the permit). I never received a reply to my complaint.

The next thing to happen was my car was towed away again in October 2010 (by now i've moved and don't live in Hackney Council's borough) and it transpires that yet more letters from the council, bailiffs and court were sent to my old address (the one I lived in before Hackney!) chasing me for payment of one ticket. Again, I queried this with the court and council and they advised that after the first court proceedings they cancelled 3 tickets but forgot to cancel the 4th, hense continuing to chase me!

It took me 7 days to get my car back from the bailiffs, and the council tried their hardest to make me go and collect it (a round trip of 80 miles!). They said they would meet my expenses. However, I finally got them to arrange for it to be brought back to me.

When the car was returned it was left in a permit only area (i'd specifically told the bailiffs and council not to leave it there as I didn't have a permit). Luckily I didn't get a ticket. However, my car was damaged!

I advised the council and was told to get a quote for repairs which came in at just over £1,000 (there were about 3 areas of damage). After getting this quote the council said they'd pass it to the bailiffs for them to approve and settle with me.the bailiff company (JBW Enforcement) forwarded it onto the car pound (Citiwatch) who admitted liability for the damage but a month after giving them the quote they still haven't heard anything. JBW say they are waiting for Citiwatch to advise if they will settle on one quote or if they want more (I told them I can't get anymore without taking time off work and someone will have to pay my costs for me having to take time of). Apparently Citiwatch haven't replied yet because "they are too busy and will get to it when they can". I've told the council they should settle with me directly and claim the money back of the JBW/Citiwatch as the whole reason the car was taken was due to the council's mistake. Hackney Council refuse to do this and say I have to get settlement from JBW/Citiwatch.

Basically, I don't know if I can legally pursue Hackney Council for the car repair costs, or if I have to wait for JBW/Citiwatch. Does anyone know where I stand? I need to get the car fixed as I want to sell it, but I can't get it repaired until I have the money for the repairs. I can't continue to wait and I don't know if I should initiate court proceedings to force them to settle the repair costs, and if so - should I inititate against Hackney Council/JBW or Citiwatch? I feel its unreasonable that my car was unlawfully taken - it took me a week to get it back and now a month after submitting written quotes for repairs its still not been looked at (although they have admitted liability).

Hope the above makes sense. Again, sorry its so long! I'm at a loss as to what to do!!!!

Many thanks for your time in reading my post.

Driver8

What i would do agentpodge is post the exact post you have done here over on https://www.pepipoo.com, they have experts there regarding council legalities such as your post. There are some very learned people on that site, and on your side too.

A post like what you have said just epitomises what's wrong with this country, it really does. Council's take incompetence to ever new height's.

diable

Jebus this makes my blood boil. Hope you can screw them, Ombundsmen and Pepipoo as advised.

agentpodge

Many thanks for your replies. I've just posted onto PePiPoo as advised and will wait to see what anyone there can advise.

Thanks again, its much appreciated.

Herbie21

This is simply appalling and in fact any claim would be against the removal contractor. HOWEVER in this particular case, HACKNEY COUNCIL need to be made aware that they are WHOLLY RESPONSIBLE as it was their Warrant of Execution that was being enforced. I would suggest a strongly worded letter to the Chief Executive at Hackney and you need to ensure that you state that you will be looking for the matter to be referred to the Local Government Ombudsman if you are not satisfied with their response.