Council unlawfully scrapped my sister's car

betterthanyours

Hello, I'm not sure where this should be posted. I looked and couldn't find a relevant section. If in wrong section, please move or let me know where I should post this.

The short of it is:
She lives in a "car free" zone without any parking in the immediate area. Nearby, maybe 50 feet away, there is an industrial estate where there are no parking restrictions, no signs. The parking attendant knows the vehicle is hers and knows it is not abandoned. The vehicle is taxed, MOT'd, insured etc and is moved on a regular basis. Said parking attendant is aware.

Two nights ago, the car was parked as per usual only to return in the morning to find the vehicle had disappeared. We called the insurance company, advised them the vehicle had been stolen. They suggested we should call the council to ask whether they had taken it. We called the council a number of times and each time they told us they do not have the vehicle. In the end (after roughly 5 hours of telephone calls), it transpired a parking company called Swift, which is subcontracted on behalf of the council, to tow vehicles and scrap them.

Basically, the car had been scrapped by the time we could get in touch with them. The senior manager got involved and carried out an "investigation" as to how this happened and the council have taken all liability. However, they are trying to fob my pregnant sister off with a payment for the "market" value of her vehicle without taking into account the amount of stress, distress, inconvenience and utter disregard to carry out proper checks before trivially deciding they would scrap her car with all her belongings inside it! My sister had a panic attack and admitted to hospital for most of yesterday. She has a 9 year old who she needs to ferry around to school, pickup, drop offs the normal "single" mother issues.

Initially, we were told that we weren't allowed to park in said area vehicle was situated. However, after a stern phone call and photographic images, we advised the council that no contravention had taken place. Only then did the council accept liability, we notified the insurance company and they told us we need to obtain a crime reference number, afterall, the council had practically stolen the vehicle. However, the police refuse to accept the council had stolen the vehicle and said that they'd simply taken it by mistake, and therefore they can't provide a crime reference number.

So we are basically at a stand still and unsure what to do.

What can or do we do here? We are happy to take the council to court and pursue them to the maximum possible. However, what do they need to do, by law in order to satisfy that they had carried out proper checks to determine an abandoned vehicle? Keep in mind no contravention here? My sister feels vulnerable and anxious going anywhere on foot, simply because of all the random stabbings and knife crimes in London. Not to mention it is unsafe for her to use public transport because people push and shove without any consideration.

Quentin

If the council offered to pay you the market value then accept that rather than involve your own insurance with a claim.


(A claim on your own policy will mean you paying your excess and having to recover it from the council, as well as having your NCD (if unprotected) temporarily reduced until your insurer is reimbursed.


Then pursue the council separately for your uninsured losses - though don't expect too much compo!

betterthanyours

The vehicle isn't mine, it's my sisters. I actually realised that half way through I'd referred to it as mine. I've corrected those now. Sorry.

Just clarifying my role: I'm her brother and she initially contacted me to help her

Quentin

OK.


Then tell her to accept the Council's offer of the market value of the car, and cancel any claim she has started with her insurer


She can pursue them to reimburse her for the cost of a hire car whilst she awaits the money.


In the meantime she needs to get her policy suspended as no car is now on cover and find out how long her insurer will allow her to put a replacement car on cover.


Some insurers insist on cancelling policies if no car is on cover after a short time, so she should be on the look out now for her replacement

betterthanyours

Can she not make representation for the stress, alarm and distress they caused her? Bear in mind she is pregnant and she was admitted to hospital (first day) due to stress and having a panic attack. This has hit her quite hard as initially the council were telling her she would have to sue them. She doesn't have that kind of money and obviously found that quite overbearing and aggressive. Until the next day, when they accepted liability.

beamerguy

betterthanyours wrote: »

Hello, I'm not sure where this should be posted. I looked and couldn't find a relevant section. If in wrong section, please move or let me know where I should post this.

The short of it is:
She lives in a "car free" zone without any parking in the immediate area. Nearby, maybe 50 feet away, there is an industrial estate where there are no parking restrictions, no signs. The parking attendant knows the vehicle is hers and knows it is not abandoned. The vehicle is taxed, MOT'd, insured etc and is moved on a regular basis. Said parking attendant is aware.

Two nights ago, the car was parked as per usual only to return in the morning to find the vehicle had disappeared. We called the insurance company, advised them the vehicle had been stolen. They suggested we should call the council to ask whether they had taken it. We called the council a number of times and each time they told us they do not have the vehicle. In the end (after roughly 5 hours of telephone calls), it transpired a parking company called Swift, which is subcontracted on behalf of the council, to tow vehicles and scrap them.

Basically, the car had been scrapped by the time we could get in touch with them. The senior manager got involved and carried out an "investigation" as to how this happened and the council have taken all liability. However, they are trying to fob my pregnant sister off with a payment for the "market" value of her vehicle without taking into account the amount of stress, distress, inconvenience and utter disregard to carry out proper checks before trivially deciding they would scrap her car with all her belongings inside it! My sister had a panic attack and admitted to hospital for most of yesterday. She has a 9 year old who she needs to ferry around to school, pickup, drop offs the normal "single" mother issues.

Initially, we were told that we weren't allowed to park in said area vehicle was situated. However, after a stern phone call and photographic images, we advised the council that no contravention had taken place. Only then did the council accept liability, we notified the insurance company and they told us we need to obtain a crime reference number, afterall, the council had practically stolen the vehicle. However, the police refuse to accept the council had stolen the vehicle and said that they'd simply taken it by mistake, and therefore they can't provide a crime reference number.

So we are basically at a stand still and unsure what to do.

What can or do we do here? We are happy to take the council to court and pursue them to the maximum possible. However, what do they need to do, by law in order to satisfy that they had carried out proper checks to determine an abandoned vehicle? Keep in mind no contravention here? My sister feels vulnerable and anxious going anywhere on foot, simply because of all the random stabbings and knife crimes in London. Not to mention it is unsafe for her to use public transport because people push and shove without any consideration.

An unbelievable story , a story for the media.

Yes, as said, as the council have admitted full liability this is the best way. Don't forget all personal items in the car.

Just like insurance companies who say they pay for market value and often end up offering a silly price, you can accept nothing less than a like for like at retail price, not trade price.
Assuming they will pay you by cheque, you then have the power of cash to get yourself a really good deal.
As the council have scrapped the car, they cannot pick any holes to reduce the value

Best way to go ...... court will be very stressing and could be costly so best to accept

beamerguy

betterthanyours wrote: »

Can she not make representation for the stress, alarm and distress they caused her? Bear in mind she is pregnant and she was admitted to hospital (first day) due to stress and having a panic attack. This has hit her quite hard as initially the council were telling her she would have to sue them. She doesn't have that kind of money and obviously found that quite overbearing and aggressive. Until the next day, when they accepted liability.

My suggestion is to speak to one of the "no win no fee" solicitors, there are plenty around, they will quickly tell you if you have a suitable claim, they might even do it for you.
Or your local Citizens Advice

Quentin

betterthanyours wrote: »

Can she not make representation for the stress, alarm and distress they caused her? Bear in mind she is pregnant and she was admitted to hospital (first day) due to stress and having a panic attack. This has hit her quite hard as initially the council were telling her she would have to sue them. She doesn't have that kind of money and obviously found that quite overbearing and aggressive. Until the next day, when they accepted liability.

She can - though from what you say wouldn't the stress of suing the council be too much for her?


She should get proper advice on her chances of compensation if she is hoping for a big sum.


Otherwise a formal complaint to the council about their behaviour and request for some compensation is the first step.


If she is unhappy with their reply she will be able to escalate to the Ombudsman for adjudication.

PasturesNew

MP
Local papers

Suing isn't an option; she needs a replacement car TODAY.

betterthanyours

She is due any day so all of it, collaboratively, is having a very negative affect on her.

Is there any sort of template for requesting a settlement anywhere?

beamerguy

betterthanyours wrote: »

She is due any day so all of it, collaboratively, is having a very negative affect on her.

Is there any sort of template for requesting a settlement anywhere?

I am sure there will be someone here who could help.

The main thing is to get another car and watch out for the term "in full and final settlement" ....... that would only be for the car if you agreed the settlement price and nothing else

Don't forget to advise the DVLA and the insurance company that the car is no longer in your/her name. The company who scrapped the car took on liability for it should have advised the DVLA

I wonder how the council will handle the company who scapped the car