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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 7969
Experience:  Dual qualified Solicitor and Attorney
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Weird story! plymouth uk, need yo know what to do so none,

Customer Question

Hi so weird story !
JA: Where is this? It matters because laws vary by location.
Customer: plymouth uk
JA: What steps have been taken so far?
Customer: need yo know what to do so none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

are you able to briefly outline the issues you would like assistance with in order that I can make a determination as regards ***** ***** is within my area of expertise please?

Customer: replied 12 days ago.
Hi we had a truck parked down the road due to the council roadworks outside the house. And they made us move it.
With lockdown we hadn’t moved it for a while.
We checked regularly then had a period of 4 weeks when we had Covid symptoms and didn’t.
The council moved the truck.
We had no notice of this. Once we realised it was gone we reported to police and emailed council to establish what had happened.
Council didn’t reply.
Police stopped truck this week and new owner said he had brought is as abandoned and recovered and sold.
We have had no information from council or DVLA.
Car is being refined but not sure about damage or condition. Also personal items have been disposed of.
We are being asked to pay £250 costs but
1 we reserved no notice of the car removal
The council were told we had lost the truck but failed to inform us where it was.
Can we challenge the council for loss etc.
The car was taxed and insurance but due to Covid no MOt.
It was in good condition whe last checked but apparently had two flat Tyers ( a few months before it had been vandalised but we had no choice but to park there due to road works outside the house and the council preventing us from parking there even though we’d been doing so for 20 years !
We don’t really want the truck now as we have no idea what’s happened to it
And personal items have been disposed of ! What can we do please
Customer: replied 12 days ago.
Ok when will they call and when will they answer please
Expert:  Joshua replied 12 days ago.

thank you. This is rather outside my area of comfort - I will opt out for a colleague who has more expertise in this area

Customer: replied 12 days ago.
will I will need to pay ?
And who will this be passed on to. Thank you
Expert:  Jeremy Aldermartin replied 12 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. That said, whilst I endeavour to provide a fast response, responses may not be immediate as this is a question and answer service not an instant chat service.

Expert:  Jeremy Aldermartin replied 12 days ago.

The council are generally responsible for the collection of so called abandoned vehicles so it is likely they are responsible here. You could indeed recover in terms of the loss but you would have an obligation to minimise your loss so could not claim for the replacement of the truck if it is returned. You would be claiming against the council based on negligence.

you should complete a claim form using form N1 here: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Once done send it to your nearest county court: https://www.gov.uk/find-court-tribunal

You will need to contact them and pay the issue fee.

If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

Expert:  Jeremy Aldermartin replied 12 days ago.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day