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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am looking to take action against Lambeth council and

Customer Question

Hi
I am looking to take action against Lambeth council and the private company for removing my vehicle, impounding and then auctioning without informing me. What type of lawyer or course of action would be open to me
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

Hi, I rented a parking space through Justpark.com in Lambeth area to park my classic landrover which was on Sorn notification. I was assurred by the leasor that the parking space was private. Vehicle was fine for over a year there, and then I discovered one day it had been removed by provate parking company on behalf of Lambeth Council(council saying that parking space was Lambeth property).

Took very long time to track down what had happened - in nutshell was kept in pound for some time and then auctioned off. By time I discovered it was missing it had been auctioned off. I never received any letter from lambeth etc to tell me it had been impounded. When I asked the pound about this- they said they had contacted the DVLA and they had responded that registration details were 'not valid'. Vehicle was correctly registered to me and my address, and is rare vehicle that would not be difficult to identify with DVLA.

I feel that that JustPark and the Leasor operating through them have been negligent and in case of leasor potentially fraudulent (if car park was not his to lease), and I feel the council and the company NCP which does the parking enforcement and impounding were neglectful in their duty to contact me.

This happened in August 2014- I have been unsure if there was anything I could do. The vehicle was worth around £6000 and the cost of the space rental was over £1000 for the entire time it was there. I have a record of emails, and dates of conversations made at the time

Expert:  Ash replied 1 year ago.
You need to write to the Council and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thank you very much. Can I do the same with just park.com as well? And would I be liable for any costs should the county court find against me?
Expert:  Ash replied 1 year ago.
Yes you can add them as second Defendant. If a claim is £10,000 or below there are generally no costs.
Alex
Customer: replied 1 year ago.
Sorry, just to be clear, then I should not have to pay the defendants anything if the claim is less than 10000 even if the court does not find in my favour?
Expert:  Ash replied 1 year ago.
Correct.
Alex
Customer: replied 1 year ago.
Sorry, one final think, can I claim emotional stress, or the extra value the car had to me, as it was a classic
Expert:  Ash replied 1 year ago.
Well no, not unless you have been to the GP and diagnosed with a recognised illness.
Sorry.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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