council scrapped car+admits wrongful disposal-advice pls

IamNotAllowedToUseMyName

bazster wrote: »

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.

I would presume he lives in a council property or the residents' car park still belongs to the council and there was a complaint about an abandoned car.

maninthestreet

A number of years ago, an untaxed car was left on a patch of grass at the end of my road (a cul de sac). After two or three weeks, seeing it was untaxed, I called the council to report it as abandoned. They investigated, and said that the patch of grass was actually privately owned, and so they could not tow the car away, but said they had managed to speak to the registered keeper who claimed they had not abandoned it. A few days later the car was gone.

topdaddy_2

bazster wrote: »

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.

This ^. What business of theirs was it? Did they try to contact you? Doesnt sound like it was a nuisance. Not helpful but Im nosey.

harveybobbles

Why was it towed?

agar_99

thank you for all the replies/advice
will try to answer the points asked
re- car park- it was private acc to the factors and wastold the council got complaint of abandoned car. They did not check with DVLA(otherwise they would have easily confirmed its tax status+legal owner address)
They also did not inform the police/factors re the car

It is a private flat and i presume they did not realise the car park was private
1) re my car insurance- what do i need to do? Do i lose the NCB accrued for the year/no. of months?
2)The amount of money offered is not enough to buy. They are not interested in loss of earnings etc
3Equipment is another big issue. They are wanting proof of purchases etc and also talking about current value rather than replacement cost. Dont know how to get medical equipment replaced with that amount
They are checking with scrap yard to see if any items were removed
I was tempted to talk to MSP/councillor but TBH- was looking to keep it simple and reach amicable understanding

Stoke

Quentin wrote: »

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.

This may be the case, however the amount they pay out needs to cover a van of equivalent mileage and age surely? I had this argument with the insurer when someone ran into the back of my old Pug and smashed it up. Their first offer was derisory and as I explained to the assessor, I went and looked on AutoTrader and various other car selling sites and I was unable to find a car of equivalent quality (inc. same model), with a similar number of miles and in similar condition. As such, I rejected their offer on those grounds.

The council are liable for the value as you say, but if it's not enough to cover the cost of an equivalent replacement vehicle, then I'd be sending a letter before action.

dacouch

harveybobbles wrote: »

Why was it towed?

Elvis.......

Paypeanuts

agar_99 wrote: »

thank you for all the replies/advice
will try to answer the points asked
re- car park- it was private acc to the factors and wastold the council got complaint of abandoned car. They did not check with DVLA(otherwise they would have easily confirmed its tax status+legal owner address)
They also did not inform the police/factors re the car

It is a private flat and i presume they did not realise the car park was private
1) re my car insurance- what do i need to do? Do i lose the NCB accrued for the year/no. of months?
2)The amount of money offered is not enough to buy. They are not interested in loss of earnings etc
3Equipment is another big issue. They are wanting proof of purchases etc and also talking about current value rather than replacement cost. Dont know how to get medical equipment replaced with that amount
They are checking with scrap yard to see if any items were removed
I was tempted to talk to MSP/councillor but TBH- was looking to keep it simple and reach amicable understanding

Don't worry about an 'amicable understanding'. And make sure that you write an email to confirm what was said on any phone calls. Tell them in writing that you are raising the case as a Formal Complaint. As another poster said, that binds them to a course of action (reluctantly)

And as another poster said, use the words 'maladministration' and 'unreasonable' in your letters.

As for your medical equipment, if you cannot buy a similar item second hand, then they need to replace it with a new item or cover your loss of earnings through not possessing it. You should ask them to consider buying the equipment for you, as they will purchase equipment for home adaptions etc so have access to lower cost equipment than a private individual I suspect. If you don't have receipts you don't have receipts - but they are not being unreasonable in asking you to evidence that you did actually own the items. Pictures should do, or in the last resort statements from the people who gave the stuff to you?

You should not be out of pocket at the end of this, and you need to be very clear in your own mind on that front.

If the total value of your car and goods is less than 10k, look at taking them to the small claims court. It's not expensive and you don't need a solicitor.

Also do take a complaint to the Ombudsman, and also raise in your complaint that fact that they put pressure on a sick person to not do so. You may well get compensation for maladministration on top of your compensation from the council.

If you have a medical condition, you may find a charity that supports your condition (if there is one) will assist you, as you are not fully recovered you probably don't have that much energy to spare. Hope you are fully recovered soon.

Just remember the councils are fully of sneaky little smarmers who will tell you a load of lies if necessary to get you off their back, especially as they screwed the pooch big time on this. I've never heard such nonsense as 'they have to offer 50%'....what their insurer says is nothing to do with you, because your beef is with the council and not their insurer, if the council has to make up the difference then tough, they shouldn't have got it wrong.

The reason the police won't press charges is because apart from anything else, they wouldn't know who to charge or what to charge them with....so they'd prefer to wash their hands of it.

agar_99

hi
thx for the comprehensive suggestions
When I discussed the advice previously given by the dept. with one of the seniors , they advised ombudsman is an option always open and that no-one in their dept would have advised me otherwise.

I have made a complaint via the website but have done so b4 asking for advice on this site. So did not put in those specific terms

1) "You should not be out of pocket at the end of this, and you need to be very clear in your own mind on that front."
Am a bit confused on this as the council insurance dept keeps on insisting current value is all rhey can offer and keep comparing this to an accident
If that' the case- will definitely lose out
2) re equipment- any in my profession carry these as a must- will wait for scrapyard to get back
Couldnt work without a car or these- the problem in just hiring car is me still needing to go back to England for appts and would not be able to drive long journeys
Not upto buying/haggling over car purchases

3) Thx for the news story. Many similarities but not the same case.
4) Have told the manager- that although "negotiating" with him- will keep my option of either councillor/ombudsman open

Stroma

If the car has been scrapped, shouldn't there be a certificate of that? The likelyhood is that your items have been taken by the scrapyard, and they will deny anything was in the car.