Disposal of equipment without owners knowledge or consent

[andycuk]

Hi All

 

I am hoping you maybe able to help its a bit complicated and a long story so will try to keep it brief in list form.

 

 

• CHILDREN'S FAIRGROUND RIDE STORED AT A SITE IT WAS IN USE AT PERMISSION FOR IT TO BE THERE. WAS TRAILER MOUNTED AND PACKED AWAY.
  
• RIDE WAS STOLEN FROM SITE 2003 REPORTED TO POLICE NO TRACE.
  
• 2009 FOUND ON EBAY CASED UP AND DOWN COUNTRY EVENTUALLY FOUND IN DORSET. FULL POLICE INQUIRY INTO THEFT. ALL PARTY'S TRACED AND TIMELINE ESTABLISHED. THIS TOOK 3 YEARS AND ENDED TODAY.
  
• TRANSPIRES THAT THE COUNTRY PARK WHERE THE ITEM WAS STOLEN FROM HAVE ADMITTED THEY HAD DISPOSED OF THE RIDE TO A THIRD PARTY CLAIMING IT HAD BEEN ABANDONED.(IT HAD NOT BEEN, I HAD IT THERE WITH PERMISSION)
  
• NO CONTACT WAS MADE TO MYSELF BY THEM STATING THEY WERE DISPOSING OF IT AND NO SUBMISSION DURING ALL THE POLICE'S AND MY INQUIRIES BETWEEN 2003 AND NOW, THAT THEY HAS SOLD IT TO A THIRD PARTY.
  
• THEY HAVE NOW TOLD THE POLICE THAT A FORMER MANAGER HAD TOLD THE GROUNDSMAN AT THE PARK TO DISPOSE OF IT.
  

 

• THEY CLAIM THEY SENT ME A LETTER IN 2003 (WHICH THEY DID NOT).
  

Now the Police were looking at this as a criminal investigation and with the submission today by the groundsman, the Police have stated that this is a civil case.

 

I am hoping that I may get some advice as to how I can proceed with this?

 

• Can I take the Country Park to Small Claims Court (items value was £5000).
  
• Can I sue for loss of income?
  
• Can i represent myself and what are the costs?
  
• What information can the Police legally release to me and do i need to go through a Solicitor to obtain it?
  
• Any other thoughts or ideas you may have.
  

 

 

Thanks so much for any advice

 

 

Andy

[rebel11]

Hi andy

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

 

http://www.adviceguide.org.uk/index/your_rights/legal_system_index_ew/small_claims.htm

[asokn]

You could sue for trespass to your goods and potentially loss of income but this is extremely tricky.

 

If the value is exactly £5,000 it should be allocated to the small claims track (if I recall that track is usually for cases with a value of "not more than" £5,000).

 

You can represent yourself and this will keep the costs down. As Claimant you will incur an issue fee and hearing fee which the court staff can tell you about. If you win you can recover these limited costs. If the other side instruct lawyers their costs can only be recovered if you are deemed to have acted unreasonably.

 

As for Police disclosure I do not know.