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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was getting a car uplifted from down south to be delivered

Resolved Question:

Good evening,
I was getting a car uplifted from down south to be delivered to Scotland , the delivery driver had an agreement with a car repair business at Coventry Airport and to split the journey the car was dropped off a Coventry Airport (freight only airport), to be picked up later to continue the journey to Scotland. The car was dropped off and parked up in a private car park at Coventry Airport but the security guards at the airport reported the vehicle sitting in the car park to the police. When the police arrived they asked the handy man from the car repair business if the car was one of theirs, he didn't know about the agreement for the car to be stored there so said no. Consequently, the police made enquiries with DVLA and couldn't contact the registered keeper at that time, the car had been left unlocked so the police deemed the car as "abandoned" and a "security risk" and they arranged to have it removed from the private car park.
When I came home from holiday I found a letter advising me (the change of registered keeper had now completed) that my car had been deemed as abandoned and a security risk and had been uplifted to a local garage, to recover the car I would have to pay to get the vehicle back, the cost had been broken down to the vehicle uplift and additional daily storage charges - cost to me £600.00 to get the vehicle released.
I have done some research and know that the police in England do have powers to remove vehicles even from Private Land. As the police had deemed the vehicle as abandoned and a security risk, I asked for a copy of their "risk assessment" on the vehicle, they said they won't discuss any security procedures they use. I utilised the police complaints procedure and the outcome was that the police would not reimburse the uplift and storage costs of the vehicle and that I should seek reimbursement of costs from the vehicle collection/delivery company.
I also looked at the guidance given to police for security at airports, it stated that if a car is parked in a car park at an airport then this should not be classed as an "airside" risk.
My basic question is that if took my case to a small claims court for reimbursement of my £600.00, registering a claim against both the police and the garage that uplifted my vehicle on a joint liability (the £600.00 was paid to the garage to allow release of the vehicle) might I have a moderate case of winning.
I ask this question because the police have stated that they had lawful power to remove the vehicle because they had classed the vehicle as abandoned and a security risk. I am not disputing that they had the necessary lawful power but my case would be that they had made the mistake of removing a vehicle which was not abandoned and therefore should reimburse the owner for all actual costs incurred on the owner in the uplift and storage of the vehicle - £600.00. Similar to when a vehicle maybe uplifted by the council, you pay to get the vehicle released and can then appeal to the Parking Adjudicator, if you win, you get all the recovery and storage costs returned.
Was just looking for some guidance on the likely hood of getting my £600.00 by going through the Small Claims Court.
Any advice would be gratefully received.
Many thanks,
Ian Bennie
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Ian my name is ***** ***** I will help you.

What is the car worth please?

Customer: replied 1 year ago.
Good afternoon Ash, I cannot see the connection between what the car was worth and the likelihood of recovering my costs incurred by the police via the Small Claims Court? Thanks, Ian
Expert:  Ash replied 1 year ago.

You need to write 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

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