A week or so ago my mum got a burst tyre while she was out driving on a Sunday morning. Her car is one of those that doesn't have a spare, the a puncture repair kit, which she tried to use but the tyre was absolutely gone. She was on her own and didn't have phone/purse on her. She was panicking and managed to pull her car into a small side street, where the only free space was a disabled parking spot. She then had to walk 6 miles home, where she then had to ring around for a recovery company who would come out on a Sunday to go and collect her car.
When she got back to the car with the recovery vehicle around 2.5 hours later it had been removed by the council and been impounded. She went to pick it up and paid the parking ticket and release fee, as she accepts she was parked in that space without authorisation, but did try to appeal to their better nature which got her nowhere.
However, when they took her to her car in their lot it was damaged - a big dent and lots of scratches on the wheel arch. The man from the recovery company said it was obvious this had happened when the council had lifted it off the road, as he knew the kind of hoists they use. My mum was given a form to fill in and sent on her way after taking pictures.
She has filled in the form, sent them pictures of the damage alongside the pictures taken by the parking attendant who ticketed her car before it was removed, which clearly show no damage. Now the council have come back and said they didn't cause the damage, and it could have been caused in the 15 minutes between the parking attendants pictures and their vehicle removing it to the impound lot. This is extremely unlikely!
My mum is not willing to let this go and wants the damage paid for, but where does she stand? is the onus on her to prove that the council DID do the damage, or is the onus on them to prove that they DIDNT?
Sorry its so long - appreciate any insight or advice!