Police screw up. legal help please?

mjr600

Dumbledore55

seconded

ungrateful

and

lacking in social responsibility

ajaxgeezer

mjr600 wrote: »

Dumbledore55

seconded

ungrateful

and

lacking in social responsibility

.... thirded. I've never known the like!

CopperPlate_2

littlepockets wrote: »

daveturney
I would still write to the Chief Constable and to your MP and ask for a refund given that they did not ask you whether you wanted the car fingerprinted (which apparently some Police Forces do)

Also Victim Support have argued that this it's rough justice and it effectively smacks of re-victimisation. and the Home Office has confirmed that it is reviewing the charges so a letter to the MP can do no harm.

Why write to the CC? Just to make a complaint and make some poor cops life a misery? Cause unnecessary investigation into something which, clearly, was authorised by law and within the appropriate guidelines set down as far as recovery of a vehicle for forensic examination was concerned, in order to attempt to formally identify the 'thief' by fingerprint, obtain enough evidence to charge and report them. And what's with the writing to the MP?! What a waste of time, and what an arrogant and pompous gesture. 'I'm not happy with the Police finding my car before I noticed it had gone, I'm not happy with the fact they apprehended someone and now have taken my car into safe storage, and I'm not happy with them looking to now fingerprint it because I'm told I have to pay for the storage of the damned thing!'

The Police usually have a contract with local vehicle recovery firm who acts on their behalf in taking possession of vehicles in circumstances like this. They are the ones who bill the individual and the matter is between them and the car owner. It's not a case of the Police shopping around for the best offer each time they need a car recovered - they don't benefit financially from the service.

Good grief, the lengths some people will go to when they sense 'injustice', it makes you sick. And it makes you wonder why you bother. It really does.

starlight_xx

daveturney wrote: »

your car was stripped, in the time it took for your insurance to pick it up? do you live in Iraq?

i

to the negative ppl here, when i do get my £105 back, and it does look like the poilce "screwed up", will you still be on your high horse preaching how my £105 refund will crumble society, or will you give me a respectfull "welldone", because when i do get the money back, it will only be because it was done legally and within the law?

Actually its not unusual for that to happen to cars. Insurance companies arent like police recoveries sometimes it can take days for them to arrange. Ive heard of that happening to cars on numerous occasions.

Will we say well done? Not likely!! If by some miracle someone is stupid enough to give you your money back thats £105 which could have been better spent within the police budget.

In future maybe you wont put such high excesses on your Insurance policy and will do what everyone else does and claim it for recovery costs.

I still think its a disgrace you call this a screw up when the police have got your car back for you. Shame they were so good at their job when this is the thanks they get. Total ingratitude.

Maybe you should try claiming it from the neighbour who saw the boy dumping it, after all if shed given a statement they wouldnt have needed to print it. Maybe you could go after her when your claim is thrown out on its ear

Oh yes, and as someone mentioned, be aware if you DO put in a complaint then (assuming that your local force is the same as ours) its not a general complaint, the complaint will be specifically against the officer who arranged the removal. Think of that too!

dmg24

to the negative ppl here, when i do get my £105 back, and it does look like the poilce "screwed up", will you still be on your high horse preaching how my £105 refund will crumble society, or will you give me a respectfull "welldone", because when i do get the money back, it will only be because it was done legally and within the law?

What a sad little man.

You have your car back, and the £105 is a minimal cost compared to that of replacing your car, either independently or through claiming from your car insurance.

£105 will not make your police constabulary 'crumble'. However, that £105 could go towards so many more important causes - assaults, rapes, offences against children.

My advice? Get a life.

daveturney

this thread gets funnier and funnier.

yet the forum rules clearly stipulate to be kind and helpfull, im quite happy for you guys to come here and get your fix of superiority for the day.

keep the fun remarks coming.

or Mods, do your job please.

Or better yet lock the thread if no ones willing to help anymore.

Stevee

Dave - could you honestly answer the following questions, I'll give you advice then, as you've requested:

Was the car stolen with keys or hot wired?

If hot wired, how did they get into your car?

Had you reported it as stolen before the police had dealings with the car?

Is your telephone number ex-directory?

Does your phoneline accept calls from witheld numbers?

How far from your home address did the thief abandon your car?

Did the thief lock your car to ensure that no one else could go in there and steal your radio for example?

Was your car insured at the time of the theft?

This may be of help



Why will the police remove my car when they find it?

If your vehicle is not removed immediately, it may be stolen again.

It may be used to help commit some other crime.

Thieves often set fire to vehicles they have stolen. The Fire Service has to respond to these vehicle fires because there might be someone in the vehicle. Other members of the public might also be caught in the fire or the fire might spread. A fire tender dealing with such a fire may be diverted from a more serious fire. The burnt-out wreck of a car remains a public nuisance and danger.

The vehicle may have been damaged, even if it does not appear damaged. Anyone driving it may be a danger to himself and to others.

The vehicle may have been left in a dangerous or obstructing position.

Safe removal means that the police can subject the vehicle to a forensic examination to help catch the thief.

What powers do the police have to remove stolen vehicles from where they find them?

Section 99 of the Road Traffic Regulation Act 1984 authorises the police to remove vehicles that are illegally, dangerously or obstructively parked or abandoned or broken down, whether or not they have been stolen.

Can anyone else remove vehicles?

Traffic wardens and Community Support Officers have the same power as the police; persons accredited under the Police Reform Act 2002 have the power if their accreditation specifically gives it to them. The local authority has a duty to remove abandoned vehicles that are not of interest to the police.

Why, once they have found my stolen vehicle, will the police not allow me to make my own arrangements for its recovery?

Police officers who discover a stolen vehicle will normally try to stay with it until it is recovered. This prevents it from being stolen again or vandalised or used for other criminal purposes or being a danger. Officers do, however, have other duties and may be needed urgently elsewhere; they cannot stay with the vehicle indefinitely. Owners are not always immediately available and may not be able or willing to attend at once.

The vehicle may not be safe just to drive away. Car thieves may drive stolen cars very dangerously and cause them damage. This is not always obvious, especially when it affects the wheels, tyres, suspension or steering. These need to be examined expertly before the vehicle is driven again. Damage to the steering lock is also potentially extremely dangerous whether the car is being driven or given a conventional tow. It is a serious offence to drive a vehicle when it is in a dangerous condition.

Police contracted operators have to meet specified standards as to their speed of attendance, provision of appropriate equipment, training and expertise. .Even if the owner belongs to a breakdown club, they may not be able to provide a guaranteed speed of service and safe removal.

Will I have to pay if the police recover my stolen car and if so, how much?

There are statutory fees that you are legally required to pay. These are set by the Government in the form of statutory regulations which they make under section 102(2) of the Road Traffic Regulation Act 1984. The fees are currently £105 for the removal and £12 for each storage period of 24 hours. The storage period begins at noon on the first day after your vehicle's removal on which the storage location is open before noon for your vehicle to be collected (so, if your vehicle is removed on a Saturday but the recovery operator's premises are not open for you to collect your vehicle until the Monday, the period will begin at noon on the Monday). No VAT is payable on these fees.

Whom do I have to pay?

The fees are due to the police. You will pay the recovery operator acting as our agent.

How much profit do the police make out of the recovery scheme?

None: the fees are intended only to meet the costs of removal and storage.

How soon will I know that the police have recovered my stolen vehicle?

The recovery operator, acting as agents for the Chief Constable, will send you a 7-Day Statutory Disposal Notice by way of Recorded delivery. This is a legal requirement and states what you have to do in order to recover your vehicle.

Will my insurance always cover the costs I have to meet and will any claim affect my no claims discount?

That depends on the particular insurance policy you have chosen.

Can the recovery operator charge more than the statutory fees?

Under section 101 of the Road Traffic Regulation Act 1988, the police must release any vehicle they have removed on payment of the prescribed fees.

If payment of the fees is covered by your insurance, your insurer may agree to pay more if the removal was particularly difficult or involved specialist equipment.

Do I have to pay for my vehicle to be recovered even if the police recover it solely as evidence?

If the police recover your vehicle solely as evidence then you will not have to pay for its recovery or storage. If the police use their powers to recover your vehicle because it is illegally, dangerously or obstructively parked or abandoned or broken down, you will have to pay. If however the police do also require it as evidence, then although you will to pay the removal fee you will not have to pay the storage fee provided that you collect it within 24 hours of its release by the police. If you do not collect it within that period, you will have to pay for any additional storage.

What happens if I do not contact the recovery operator?

If the police use their powers to recover a vehicle and there is no contact from its owner or last known keeper within seven days of his being notified of its recovery, the police will normally authorise the recovery operator to dispose of it. This can be by sale or by scrapping it. Any profit from the sale is payable to the owner if claimed within a year. A full audit trail for each vehicle recovered is maintained.

I do not want to reclaim my vehicle; do I still have to pay?

If the police used their powers under the Road Traffic Regulation Act to remove your vehicle they are entitled to recover the statutory fees.

If you do not reclaim your vehicle, you may lose your claim to its load, that is any items you had in it, on it, or attached to it. The only items from the load that you can always have back, without payment, are the "essentials of life". These are:

• any medicines and medical equipment
• financial items such as cash, credit cards, cheque books, pension or benefit books
• keys, such as house or shop keys
• immediately required outer clothing such as a raincoat or jumper

High value items which you may have had in your vehicle are not included.

Happychappy

Dave

Your not looking for "help" just chavs and nutters coming out the wood pile ranting about the Police being twockers and without consent etc.

Give it a break, either cough up the bill if you didnt have insurance, which will still be incurring storage at £12 per day, or hand it over to the insurance to sort, I would have thought there would have been a claim for the damage to repair from door locks and ignition ? Clearly you must have been extremely lucky. Just a shame the officer dealing wasnt a mindreader

Funny we never heard what Derrick's expereince was, or what allegedly he didnt get found out about, oppp sorry forgot the usual well known custom of "Got fitted up for Guv :rolleyes: " and how this "experience" allowed him an insight into a world of the the biggest lawbreakers in the world :eek:

ben500

Thanks for that Stevee

I'd pay particular attention to this if I was the op

Do I have to pay for my vehicle to be recovered even if the police recover it solely as evidence?

If the police recover your vehicle solely as evidence then you will not have to pay for its recovery or storage. If the police use their powers to recover your vehicle because it is illegally, dangerously or obstructively parked or abandoned or broken down, you will have to pay. If however the police do also require it as evidence, then although you will to pay the removal fee you will not have to pay the storage fee provided that you collect it within 24 hours of its release by the police. If you do not collect it within that period, you will have to pay for any additional storage.


At best this is the application that was implemented in your case, at worst if uninsured at time of theft it was illegally parked and subject to the same para with the prospect of prosecution.

mjr600

or Mods, do your job please.

Or better yet lock the thread if no ones willing to help anymore.

I smell defeat and a harsh truth coming home to roost.