NCP Car Parks clamped, removed & destroyed my car without my knowledge from private..

[big lox]

:? NCP car parks removed my car and destroyed even though it has a valid SORN and was parked in a designated bay on private property.

 

DVLA have just about admitted responsibility and liability.

 

How much compensation should I settle for?:?

[HighgateLad]

Claim for the value of the car, all subsequent hire charges, statutory interest (8% p.a.), phone calls, taxi fares.

[big lox]

I have just received this letter by email.

 

Personally I am insulted. This has taken since December 2006 to resolve. Lots of letters, emails and phone calls. Loads of stress and let us not forget that this car is incredibly rare. You simply can't buy this car in this country and I have been searching to get a price comparison since Dec 06. My car is a a very beautiful and rare machine. RIP x

 

Here's the letter... :evil:

 

 

Re Impounding of Vehicle K*** ***, an Audi, 2.8i Quattro V6

Dear Mr Tony Clare

 

In reply to your letter we have fully investigated the clamping impounding and subsequent destruction of vehicle K*** ***

 

Our enforcement team spotted vehicle registration K*** *** on Battery Road SE28 , they obtained authorisation to clamp and impound the vehicle.

 

You have stated and provided evidence that the vehicle was parked in a Private car Park allocated having examined the photographs taken of the vehicle when clamped it appears that the vehicle was parked on Private land.

 

We will reimburse you for the value of the vehicle; we have valued this vehicle at £380 which has been obtained using a price guide based on the vehicle condition. which was immaculate If you wish to dispute this valuation please contact us with your valuation, we will then pass this to our insurers who examine this further.

 

Can you please confirm the payee name and address you require the cheque to be sent too.

 

As we have spoken before regarding this complaint and your are completely dissatisfied with the process of the compliant I add the address of my manager to address a formal complaint with regard to this.

 

Mr Geoff Topliss

National Contract Manger DVLA

NCP Services

21 Bryanston Street

London

W1H 7AB

 

I apologise for taking so long to resolve this issue

 

 

Yours Sincerely

 

 

 

 

Jamie Barnes

Area Manager London DVLA

[buzby]

Pity it didn't happen is Scotland, as you could raise both a civil and criminal (extortion) action against them. Since they have already admitted to you their error, they only want to go on the basis of scrap value, however I do believe there is a case of negligence here, is there a Users Club for your marque so that a proper collectors valuation can be pursued?

[patdavies]

Book value be damned.

 

You are entitled to be placed back into the position you were in before their negligence. Valuations are meaningless - what you need is the actual cost of replacement vehicle in with a similar state and mileage.

[buzby]

There is no 'book value' for card over 6 - 8 years old. Glass's and Parkers Guide will not list prices, so the term 'market value' in this context is meaningless.

[big lox]

can I not be compensated for things such as emotional trauma, sentimental value etc etc?:?

[buzby]

In the USA, very likely - in the UK, not a chance. The courts have continuously treated claims for this with contempt, so it's not worth the hassle jeopardising a claim by adding these.

[big lox]

cheers for the heads up. I will try and establish a value and send this to them.

 

No doubt they will negotiate what ever I say so I might just come up with a silly figure and see how far I can push them out of court.

 

Legally, aren't they guilty of theft and criminal damage? :?

[rosiecotton]

I'm shocked they would do this. They are certainly liable for the cost of sourcing and replacing the vehicle with like-for-like, the offer they have made you bearing in mind the vehicle concerned is laughable.

 

Sorry this happened, must have been gutting.

[noomill060]

Yup, join the Audi club and get a valuation from the club expert.

[buzby]

I'd not recommend doing this (high price with expectation of reduction) as they may already have a fair idea of the collector's value, and if you dig your heels in, forfeit any possibility of an otherwise amicable resolution. You need an independent valuation, using the make model year and 'immaculate' condition mentioned by them, and have the club/society doing this put it on headed notepaper. This will be you basis of claim to them and as evidence to the court. Once you have this you are off and running, and they'll be on the back-foot if they challenge it. Far better that, than appear in court to tell the judge you wanted to screw them...!

[Movingon]

Yup, join the Audi club and get a valuation from the club expert.

 

That is an excellent way of obtaining the independant valuation required; you may not be able to buy the same car but at least you will have been compensated adequately for your loss.

[dw190]

I would agree with asking the Audi Club to give a valuation.

 

While your waiting watch the end of this auction on ebay.

260107591782

[HighgateLad]

Did you report the theft and unauthorised destruction of your car to the police?

[buzby]

I'd fully expect the police to say it was a 'civil' matter.

[noomill060]

I'd fully expect PC Plodd behind the enquiries desk to say that as well. They are programmed to do so.

 

Ask to speak to a CID officer.

[HighgateLad]

Car theft is an offence and should be punished in accordance with the criminal law.

[Movingon]

Car theft is an offence and should be punished in accordance with the criminal law.

 

However, proving "beyond reasonable doubt" that this was theft would be difficult.

[noomill060]

The intent was to permenantly deprive the owner of his property.

 

If that doesnt put it beyond reasonable doubt, I dont know what is.

[Movingon]

The intent was to permenantly deprive the owner of his property.

 

If that doesnt put it beyond reasonable doubt, I dont know what is.

 

Now what about applying the OTHER test suggested in the Act?

 

1.--(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and 'thief' and 'steal' shall be construed accordingly.

 

For instance "dishonestly". Could you prove, legally, that either DVLA or their agents acted dishonestly here?

[noomill060]

Yup, you've got a point there.

[noomill060]

NCP would have an opportunity to present their defence in court, if the Police/ CPS decided to prosecute.

[Movingon]

NCP would have an opportunity to present their defence in court, if the Police/ CPS decided to prosecute.

 

Which of course they wouldn't because they will be able to show that the person who picked up the car was acting on instructions and the person giving the instructions was acting in good faith using the (inaccurate) information given to him by DVLA. It was a mistake, pure and simple, and the Police will very quickly decide that there are zero grounds for prosecution of an offence under the Theft Act.

[rosiecotton]

I don't believe the Police would prosecute on this occasion as it would be impossible to prove beyond reasonable doubt that the DVLA acted dishonestly. It was an error. A terrible one, from the OP's point of view and one that should never have happened, but it won't be classed as a criminal act.