Good afternoon
I February my vehicle was towed by a newlyn bailiff for a parking fine of the registered keeper (I am the owner of the car but not keeper. Keeper was a friend borrowing the vehicle while I was sick and so made sense to register it to them).
Have been back and forth with newlyn for the last two months. I sent them my proof of ownership the same day it was taken with receipt of purchase and bank statement showing purchase back in 2018, along with irrelevant documents they also asked for such as my insurance document etc.
They’ve kept their stance that being a registered keeper means that you are the owner all of this time even though I have constantly reminded them that it isn’t.
They have kept the car at their yard and repeatedly told me it will be sold within 48 hours etc but never placed it for auction (wonder why).
Eventually I emailed their ceo and copied in all relevant head office email addresses I could find online explaining the exact timeline and also said that I knew they were acting illegally and I would take it to court and the press (I tried to submit claim to the court before but they wouldn’t give me the claim number for ages and the court would not accept it. Then they eventually gave me a claim number that the court said was not on their system.) received this reply :
“Thank you for your email, the content has been noted.
Our stance remains that the vehicle was correctly Taken into Control based on the information available to us. We had asked named debtor to contact us further surrounding this, but received no response. Whilst we are unable to accept your claim, due to the circumstances described and the current climate, we feel it appropriate to authorise the release of the vehicle.
We note that you may be unable to collect the vehicle yourself, however you can arrange with our third-party storage company for someone to collect it on your behalf if required.
As such, please contact A1 Environmental Ltd on 01992 444683 to arrange a suitable time to collect the vehicle. If they are unavailable, please leave a message and they will get back to you.
Kind regards,
Newlyn PLC.”
My question is what compensation can I claim? I was thinking a daily inconvenience rate plus my car insurance I have paid without access to drive and also public transport/taxis I have used. Taxis have been essential as the bailiff also took my push chair and refused to give it back and my child cannot walk far or go on public transport unless it’s a short distance (I’m also heavily pregnant and have been getting the train to hospital appointments amidst the corona virus crisis).
Thanks for any advice
Newlyn Plc have released seized vehicle. Can I claim compo?
Re: Newlyn Plc have released seized vehicle. Can I claim compo?
Your claim for damages is under section 3 of the Torts (Interference with Goods) Act 1977.
Your damages are, but not limited to, and fall under these two categories, wasted vehicle costs, and Special Damages.
Wasted vehicle costs include:
Special Damages include:
If they damage the vehicle, the cost of repairs and vehicle rental expenses while in for repair, and the daily charge at £60 a day
Send the bailiff company and the creditor a simple notice of claim setting out the following:
Then you can apply to the court to recover your damages: You don’t need a solicitor for claims under £10,000.
This article gives the procedure.
https://www.nationalbailiffadvice.uk/Ta ... Court.html
Your damages are, but not limited to, and fall under these two categories, wasted vehicle costs, and Special Damages.
Wasted vehicle costs include:
- Receipts for vehicle insurance premiums
Receipts for car tax paid on the vehicle
Cost of any parking permits for the vehicle
Special Damages include:
- A flat rate of £60 a day (higher for luxury vehicles) for the deprivation of the use of the vehicle.
Vehicle hire expenses - receipt invoice, etc.
Taxi rides
Hotel accommodation - if any.
Cost of collecting the vehicle from the compound, mileage 52p a mile and time spent at £19 an hour.
Any loss of business or work because of the deprivation of the use of the vehicle
Any other related and provable expenses paid because of the deprivation of the use of the vehicle.
If they damage the vehicle, the cost of repairs and vehicle rental expenses while in for repair, and the daily charge at £60 a day
Send the bailiff company and the creditor a simple notice of claim setting out the following:
- What the bailiff did wrong.
That you want them to do to put it right, (the remedy)
Set a deadline
Say that you will start a claim if the deadline passes without remedy.
Then you can apply to the court to recover your damages: You don’t need a solicitor for claims under £10,000.
This article gives the procedure.
https://www.nationalbailiffadvice.uk/Ta ... Court.html