council scrapped car+admits wrongful disposal-advice pls

agar_99

hi
Iam looking for some advice pls
Last Oct, I had a medical emergency and subsequent long recovery period. I went to stay with my parents during this time and for more definitive treatment.
My car was parked in my flat private car park
I returned in May to fund my car missing and after much hassle-found it had been towed and scrapped by the council.
Whilst they insisted all their procedures wee followed- after discussion- they accepted wrongful disposal of car (it was moted, taxed but renewed disc was in post when collapsed. DVLA had my name address for te car
Some of my equipment work related was in the car

The council is offering me less than 50% of my purchase value stating the council insurance just have to give this rather than cost to replace. They are also asking me for receipts of equipment of which most were presents etc during my training
When asked abt their escalation policy esp re ombudsman- they stated this case would just be thrown out
Whilst I accept current value etc if this was an accident- Is it justifiable to lose out when they acted wrongfully and also reluctant to claim on my insurance and lose my NCB
They have also asked the scrapyard re my equipment but still waiting for this (I have given a list of what I could remember
I need these and my car to be self employed
There ae still ongoing follow up/ treatment to happen and definitely dont have the energy /funds to take this to court
One of the senior managers agreed to cal me back with an improved offer but the contents to be looked at separately. I am afraid to agree to car compensation and then being told after the equipment wont be reimbursed etc

What r my rights and any suggestions will be greatly appreciated
thank you

Hintza

You need to check you are on solid ground, their admittance of wrongful disposal goes most of the way. I think you should be contemplating a letter before action.

I would have this thread moved to the consumer rights section where the guys with more knowledge than me ought to be able to help.

arcon5

In any case they'd only be liabke for its value

Nodding_Donkey

What about compensation for depriving him of the use of the car? Loss of earnings?

Quentin

The council were at fault when telling you the LGO would throw out any complaint. That in itself is worthy of a complaint!

But you won't get anywhere trying to get back the price you paid for the car. (Your own insurer would only pay its current market value just as the court would order the same were you to use the courts)

You need to be pressing for all your other losses to be reimbursed and ask for compensation for the inconvenience as well.

sleepymans

If I were in your position I would check my HH insurance to see if legal cover were available and if so go to a solicitor.
I think the council have and are behaving appallingly and would want to be properly compensated. I think you are entitled to be returned to the position you were in before they cocksed the whole thing up!


Though if you are still recovering and not feeling up to the fight that might be necessary, I would at least go to the Ombudsman and definitely not "settle" on the car value until the personal effects/equipment sum is agreed in writing.


I wish you every success in this........and I hope you soon recover to full health.

arcon5

Nodding_Donkey wrote: »

What about compensation for depriving him of the use of the car? Loss of earnings?

What loss of earnings and has he tried to mitigate these

neilmcl

OP, you should be entitled to the current value of your car and any quantifiable losses you have/will suffer as a result.

dogshome

The councils insurer, like all insurers when it comes to the value of cars, will come with a first settlement figure which is as low as they think they can get away with.

It's up to you to search the Web/Autotrader/Local dealers for the true current value of your car by Make/Model/Condition/Mileage and refuse to settle for anything less

IamNotAllowedToUseMyName

With regard to the Council's behaviour you need to go through the formal council complaints procedure first. Do this in parallel with normal negotiations. Typically you make a formal complaint, they then give themselves a few days to acknowledge it then as long as they can get away with to investigate. You find the answer unsatisfactory, so you escalate to the next stage, they then moan about lack of resources to investigate, but eventually they do the next stage. You eventually get an unsatisfactory answer and then you go to the ombudsman. The ombusdman is quite constrained in what they can deal with, but this sort of complaint will not get thrown out.

The other thing to bear in mind is that Councils are not like businesses, and they have an obligation to the public, this means that they cannot simply walk away from the problem, they have to do things right and be seen to act reasonably in their dealings with the public.

As others have said, you need to claim for:

* fair market value of the vehicle at the time of disposal - find evidence of this, e.g. Parkers Guide.
* Foreseeable other losses directly associated with their maladministration. An additional amount to compensate for the extra cost and effort of having to buy a new car would be reasonable in my opinion.
* An amount of goodwill payment for stress and nuisance the mistake has caused. Suggest this as a gesture of good faith, especially as they are being unco-operative.

Break it down like this and then you will avoid them simply responding that the car wasn't worth as much as you want, they will have to be reasonable and justify each element and either make a counter-offer or explain why they will not pay.

Negotiate in parallel with making the formal complaint. Do not loose your temper, be the model of politeness, but this does not mean you compromise or accept their excuses. Firm but fair is the trick, because these are real people and respond in the same way as any other people when dealt with in the right way.

There are at least key words to use with councils:
- maladministration - that they did something wrong through their mis-application of the rules.
- unreasonable - this is a hot keyword with councils, and they hate being found to have acted unreasonably.

I've done a few complaints up to ombudsman level and it is an experience that requires effort and persistence. Expect deadlines to me missed and all the defences will be up.

The other thing you should do is go to see your councillor. Check with locals as to who they think is the most effective councillor - you normally have two or three for your ward, some are entirely useless, some are genuine and helpful. If he acts on your behalf you will see a massive change in attitude, councillors are gods in councils, and if a councillor asks for something to be done, the officers are obliged to act.

bazster

I'm a bit puzzled by this. Are you saying the council towed your car when it was on private property? On what grounds?

Failure to display a tax disc is nothing to do with the council, that would be a police matter, and frankly I can't see the police being terribly interested in a non-displayed disc since they can check in seconds whether the tax has actually been paid.