(1)A person (“P”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 88(1)(c) (”appropriated property”) may apply by way of complaint to any magistrates’ court for compensation.
(2)Subsection (3) applies if, on an application under this section, the court is satisfied that—
(a)P has suffered loss or damage in consequence of the authorised officer’s taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of the exercise of the local authority’s functions under or by virtue of this Part, and
(b)the loss or damage is not attributable to the neglect or default of P.
(3)The court may order the local authority to pay compensation to P.