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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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My car was wrongly enforced and by the time DVLA finally admitted

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My car was wrongly enforced and by the time DVLA finally admitted that it was parked on private land and had a valid SORN it had already been destroyed. I wasn't sure where I stood legally as the process was not clear enough to confront DVLA or the company that clamped the car without confirming land status. I managed to pursue the case this year and the company admitted liability and that they were in the wrong. They have now sent my claim to a legal team for compensation but since I do not have documents to prove the value of the car they are not willing to pay. Am I right to say that it is criminal damage and they have admitted to intentionally destroying my car in error? What can do next?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, it is not criminal damage. Whatever they have admitted, they didn't recklessly destroy it. They did it intentionally believing that they had a ground to do so. They did not but that does not amount to a reckless or intentionally act to destroy it without proper basis.
In any event, the DVLA is a body corporate which cannot commit a crime.
There is a tort in negligence which doesn't require a mental element and anyway they seem to be accepting liability. You just need to price up the vehicle which is reasonable.
A court will not demand that you have the original sale voucher but you can get rough estimates for vehicles of that age and type from mechanics or comparison sales on Ebay.
If they will not accept that then just sue them at the small claims court but it will not come to that.
Can I clarify anything for you?
Jo
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