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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My car has valid SORN and is parked on the estate where I live.

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My car has valid SORN and is parked on the estate where I live. The council car removal pasted a notice of removal with their phone number on it. I called the number twice and left messages that the car has valid SORN and will be taken for repairs next week Friday. I also placed a Notice in the car visible form the outside. One of the phone calls was recorded. This evening I found that the car had been removed. What do I do to get them return my car urgently as they have taken it to brake it.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Where was the car parked exactly please?Alex
Customer: replied 8 months ago.
On the estate car parking marked and off the road
Expert:  Ash replied 8 months ago.
Yes, where off the road? On the grass verge, private drive etc?
Customer: replied 8 months ago.
Marked bays for residents on the estate.
Customer: replied 8 months ago.
Each space is marked to park as many as 7 cars
Expert:  Ash replied 8 months ago.
Who owns the estate? Is it Council run or owned private?
Customer: replied 8 months ago.
Hello..
Customer: replied 8 months ago.
Council run but I bought my own house on the estate
Expert:  Ash replied 8 months ago.
Do you actually own the space in your deeds, or do you have use of a space?
Customer: replied 8 months ago.
I have use of a space
Customer: replied 8 months ago.
I pay service charge annually for the maintenance of the estate
Expert:  Ash replied 8 months ago.
Then its right what they have done. If the parking area is Council owned it is considered part of the Highway and therefore the vehicle needs to be taxed and insured.If not then you are committing an offence. If it had been parked on private land (that is why I asked about who owned the land and whether it was a grass verge or driveway) then you would have been ok.But if its on anything other than private land it needs to be taxed and insured.So if it you had a driveway which you owned and it was on there, you would be ok.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
The SORN declaration is not only for cars parked on private or on grass, is it? And can I get an injuction to stop them breaking the car?
Expert:  Ash replied 8 months ago.
Its Council land and therefore considered the Highway. If you want to get an injunction you need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court will list the matter for hearing and decide whether to give an injunction. If the Court does and they break it this is contempt of Court and the officers can be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
Thanks.
Can I get an injunction tomorrow as it is night now in London, which court can I go for this, and who will serve them the injunction?
Expert:  Ash replied 8 months ago.
County Court. You need to personally serve the injunction or get a process server to do this for you.Does that help? Alex
Customer: replied 8 months ago.
Yes, thanks.
I just found that the links for the forms show error messages, is there another site to get the forms?
Expert:  Ash replied 8 months ago.
Form N1:http://wbus.westlaw.co.uk/forms/pdf/cpf00095.pdfForm N16a:http://www.daviessolicitors.co.uk/forms_davies/Civil%20Disputes/Application%20for%20Injunction.pdfDoes that help? Alex
Customer: replied 8 months ago.
Can I contact you further on this case if I need to?
Expert:  Ash replied 8 months ago.
Yes, start any questions: FOR ALEX. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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