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Claiming compensation from an enforcement company via small claims court

2 replies

2girlssoon0 · 17/04/2020 22:57

Good evening

After a two month back and forth with newlyn plc, my vehicle has been released. Long story short the debt was with my registered keeper and I am the owner, I proved my ownership the day it was seized in February but they kept rejecting my claim as apparently a registered keeper is the owner.

eventually emailed the CEO Paul Sharpe and recieved an email back the next day saying they were right to sieze and keep the vehicle and still reject my claim however they would release the vehicle (doesn’t make sense?). I now have it back.

my question is can I claim compensation? They had it for 66 days. I haven’t properly checked for any damage yet however I have continued to pay my insurance without access to actually drive it, have spent a lot on public transport (and taxis as I’m heavily pregnant and have a toddler, my push chair was inside the vehicle and they refused to give it back so sometimes public transport wasn’t an option as my child can’t walk far). I seem to recall reading that you can claim a daily rate for the time they wrongfully have a vehicle but can’t find it now.

any ideas?
thanks!

OP posts:
Collaborate · 18/04/2020 08:31

Sounds to me like you can. From the moment you sent them proof that you were the owner they should have returned the car to you. Failure to have done so is the tort (civil wrong) of conversion. Tally up your financial loss together with evidence and issue in the County Court, small claims track.

prh47bridge · 18/04/2020 09:41

Remember to send them a letter before action stating how much they owe you, giving them a reasonable deadline to pay and stating that you will take legal action if they fail to pay.

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