Help / Legal Advice re Car impounding / Insurance Problem

horizon

Hi
This will be a double post (insurance and motoring section) not sure which is best.

I need some help / legal advice for my son.

He insures his car monthly via direct debit with ecar insurance. His last months insurance ran out at 23.59 last night (end of 17th March) His next policy started at 00.00 today (beginning of 18th March)

In the early hours of this morning he was pulled over by the police, and accused of having no insurance.
Despite his protests his car was impounded, and he was presented with a ticket telling him he will get a £200 fine, 6 points on his licence (enough for a ban, as he only recently passed his test) and will need to pay £105 plus £12 per day storage to get his car back !!

He ended up having to walk miles home at two o'clock this morning, and is very upset.

He took his insurance documents in to the police station today, so they can check them. They called ecar to confirm he was insured. They confirmed he was insured. Despite this the police will not release his car until he pays the £105 + storage fees.

It appears that ecar didn't update their systems until 10am this morning to show he was insured, which was why he showed up as uninsured.
Both the police and ecar have washed their hands of the blame, and the car remains impounded with the bill rising each day.
My son has elected to go to court, rather than pay the £200 fine, but is still car less, not having enough money to get the car out of the pound.

Would we have good legal grounds to sue the police and/or ecar for this farcical situation ?

To my mind ecar should stump up the money to get his car back, and write an apology. Whats the chances ?

TIA
Horizon

Tight_Git_3

Pay the storage costs as soon as possible. Get a full reciept and then bill the insurance company. If as you say this isn't possible then ecar HAS got to sort it out, but that might take a while. The police will not release the car because it is actually the recovery firm that towed the car away who is owed the money.
It is the responsibility of the insurance company to update the national insurance database, so they are responsible. This will be the police response which I have heard a few times before - it happens more then you might think, and as a result I would always recommend renewing your car insurance a week before it's due.
If you still face a brick wall from ecar then it's time to contact the insurance ombudsman.
Finally go to court and get the ticket quashed, which shouldn't be a problem. I can't blame the police for their actions, as they must hear the "I have got insurance, honest" story a dozen times a day.

horizon

Thanks for the answer.

My son took his valid insurance certificate to the police station today, and despite this and them calling them up to cofirm the car is insured, they would not release the car, until he coughs up the money:mad:

I will probably take this up with the Independant Police complaints commision.
The insurance company have it in their T&C's that they ain't resposible. So they dodged it nicely:rolleyes:

Conor_3

It's bloody ridiculous. My mate had the same thing when his van was stolen. It was found and recovered. He was then stung with a bill of £105 plus storage for being the victim of a crime. Your son is being stung for being a victim of the farce that is the insurance database.

scbk

Conor wrote: »

It's bloody ridiculous. My mate had the same thing when his van was stolen. It was found and recovered. He was then stung with a bill of £105 plus storage for being the victim of a crime.

Who do you think should pay the cost of recovery/storage instead then?

Pew_Pew_Pew_Lasers!

Your son has fulfilled his legal obligation to be insured, and has done nothing wrong.

I suggest you get a solicitor, since the police have stolen his car.

deltic_2

It may be cheaper to talk to the Citizens Advice Bureau first. Also if your son is a member of the AA or RAC they may have a free legal service or advice service.

I would pay to get the car released ASAP as there is a risk it will accidently get crushed after the 14 days expires. It will demonstrate to a court that you have acted swiftly to mitigate third party losses (on other words that you are the only sensible one in this mess). It will reduce your losses would your action fail. It will also give your son back his much needed transport.

Conor_3

scbk wrote: »

Who do you think should pay the cost of recovery/storage instead then?

Criminal Compensation Scheme.

Happychappy

Horizon

The Police acted upon the information on the national computer which was clearly not up to date, they are empowered to remove the vehicle as they have reasonable suspicion that an offence has been committed. The rota garage are agents contracted by the police, nobody has stolen the car and you cannot claim under criminal compensation ?? as this doesnt exist.

Visit the police station with your son taking all the documents with you and ask to see the Inspector as you wish to make a complaint. The Inspector or a Sgt will take the complaint, explain what has happened and show your supporting evidence.

The Police are empowered to have the vehicle released or moved by the rota garage within 10 days of the garage lifting the vehicle, the police have an agreed sum they pay to the garage in cases such as this, the Police should in my opinion release the vehicle back to your son without cost, as clearly an offence was not commited.

This does happen unfortunately and this system is in place. The problem has arisen due to the insurance company not updating their records, which is not the fault of your son, and the police have an obligation to remove uninsured vehicles from the road which i know the majority of driver support.

Do not be put off when you visit the police station and make it very clear you wish to make a complaint against the police. It is not an individual officer you are complaining about, but the system which has clearly failed and for which your son was not part of. Hope you get it sorted.

Altarf

It may also be worth pointing out to ecar insurance that by failing to update the Motor Insurers Database that they were in breach of section 5(1) of The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003, which carries a penalty of up to £5000 and that you will be reporting them to the FSA. http://www.opsi.gov.uk/si/si2003/20030037.htm

If anybody is worried about whether their car is on the database, you can check here - http://www.askmid.com/

Happychappy

Altarf

Thanks for the link, quite handy ; )