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I had my bike seized by the police the other day @ 1:15am, went to the pound @ 4pm to collect it to see that it was damaged. The right side indicators are smashed, the exhaust is dented in 3 places and the tank has 3 dents and the paint is chipped aswell.
Im not debating the grounds on why it was seized, but I am not impressed that while it was in the care of the police, but the fact that it was damaged.
I paid 105 quids to get it released from the pound, which were a private firm, and paid my 60 quid fine too. To replace the indicators costs £70, a new tank is a fair whack, and a new exhaust isnt cheap either.
I said to the pound that the damage wasnt there when i left my bike with the poilce, and they said that it was like that when it came in. The damage is consistent with that of lying a bike on its side, strapped ot the back of a low-loader.
Who shall i contact regarding this? I really cant afford to payout for the damage some-one else is responsible.
I would get an estimate for the damage and send a claim to the Police who are are responsible since they ordered its removal, the tow truck co. are just acting as agents. Most 'sensible' tow truck operators will photograph a vehicle before removal which I doubt happened here, so any evidence you can get of its condition prior to removal is vital. If you have no joy with the Police (or their agents as the claim will probably be passed on) its a case of taking it to small claims court.
I agree that the recovery company are acting as agents but that does not give them cart blanche authority to damage vehicles when recovering. They have a duty of care once the vehicle is in their posession so I personally would approach the recovery company but it is up to you
OP is uncertain whether or not damage was caused by recovery company or Police, so an opportunity for them to keep passing the buck exists.
First thing that is needed, before anything else can happen, is proof that the bike was undamaged before it was removed...without that then everything else is likely to fail.
If it can be proved beyond reasonable doubt that the removal process caused damage, then the onus will be on the police and recovery company to ascertain which of them is liable...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
If it can be proved beyond reasonable doubt that the removal process caused damage, then the onus will be on the police and recovery company to ascertain which of them is liable...
It's a civil matter, the burden of proof is "on the balance of probabilities".
Without knowing why it was seized, if the indicator was broken at the time the Police took custody, I would question why they did not issue a ticket for that offence also (IOW, if they did not ticket for no indicator, then that is a reasonable indication that the indicator was present and undamaged at the time the bike was seized).
Without knowing why it was seized, if the indicator was broken at the time the Police took custody, I would question why they did not issue a ticket for that offence also (IOW, if they did not ticket for no indicator, then that is a reasonable indication that the indicator was present and undamaged at the time the bike was seized).
Impeccable logic, and one that could be used to "prove" the state of the bike before it was removed...
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Also the attending officer at the scene will have recorded the condition of the bike prior to collection & if for some reason he didn't then they can't claim it's the recovery firms fault so are still principaly liable.
It would be for the police to prove it was not them but the recovery company who caused the damage
Bike Damaged While Seized By Police
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Originally Posted by SparkP1ug
