Police - car wrongly impounded

[JonCris]

If your referring to my post Mr Shed as the post 'above' where have I criticised the Police. I haven't I've only suggested the OP get their cooperation to commence a claim against the insurer for negligence & then for exacerbating matters by denying it

[MrShed]

No it wasnt your post JC - sorry meant above generally, not directly above . It was someone elses(letshelp).

[letshelp]

It was my post MrS was talking about, it was not a dig at the cops, my point is simply, I agree the cops had reasonable cause to remove and impound the vehicle in the first instance given the information that had been supplied to them, what I am saying is that once that information was found to be wrong, as the op was insured, then the authority for keeping the vehicle impounded has gone, and by continuing to hold onto the vehicle they are acting without authority. I would suggest that the initial charge should be met by the insurer, but I believe the cops should be liable from the time they were informed that they had acted on duff info.

[skbuncks]

Except that the police no longer have his car. The towing and storage will have been contracted out to a private company. They are the ones that need paying and are unlikely to release the car until they are.

 

skb

[JonCris]

letshelp I understand what you saying but the Police are bullet proof here & the private contractor who lifted the car wants paid. No the villains here seem to be the OP's insurer & he has much more chance of collecting from them than the police

[letshelp]

SKB,

The contracted company are agents for the Police, they are only used because the police don't have the storage facilities themselves. I appreciate they will want paying.

JC

The Police pay out so much money in damages each year across all kinds of mistakes, I think the days of them being bullet proof have well gone.

I don't know if I'm getting my point across here, let me use another example:

If the Police arrest you on suspicion of a crime and take you into custody, thats ok, BUT, if whilst you are in custody they receive information or establish facts to show you are innocent of the allegation, and they continue to hold you in custody, they can be sued for unlawfull imprisonment. Why should it be any different with your property?

I feel that the police should have informed the private contractor as soon as they were aware that the information they initially acted on has been proved incorrect, to release the vehicle on payment of the charges to that day. I would then agree that thoses charges should be recovered from the OP insurance company. Hope this clarifies my point.

regards

[JonCris]

I understand completely what your saying What I'm saying is your mistaken the loss including the consequential loss of the car being impounded beyond the original day lies with the insurer not the Police.

 

And as I understand it the OP cannot collect the car because they can't pay the original charge

[letshelp]

Thanks for that JC.

regards

[IdaInFife]

If your Brother has been told no conact was made then he should ask for this in writing.

 

This along with a letter to the station that is dealing with it would be needed.

 

But since it's now after 28 days, is the car still there?

[veester]

I agree with letshelp.

 

My car was stolen recovered and impounded; police then forgot to take the keys from me, meaning i had 300 mile round trip to drop the keys off.

 

I get a call 4 days later saying go and get your car.

Police sent me to the yard where i was told to pay 200 for storage.

 

I told them that i had not asked the police to bring it here and i have travelled £150 twice due to police admin incompetency.

 

They phoned the Met who agreed it was stolen recovered (not a fine impounding or anything) they agreed to pick up the charge!

 

Its just poor admin and sometimes over zealous policing at its best!

[Zamzara]

Does anyone know which legislation it is that covers this? We need to check exactly what the police's powers are once insurance cover is established.

[Zamzara]

OK, the legislation is here:

 

Serious Organised Crime and Police Act 2005 (c. 15)

 

It looks as if the police can demand payment even if they were wrong or misinformed. However, it doesn't seem to specifically say they can retain the vehicle until the fee is paid. This might come under a common law lien.

[JonCris]

I agree with letshelp.

 

My car was stolen recovered and impounded; police then forgot to take the keys from me, meaning i had 300 mile round trip to drop the keys off.

 

I get a call 4 days later saying go and get your car.

Police sent me to the yard where i was told to pay 200 for storage.

 

I told them that i had not asked the police to bring it here and i have travelled £150 twice due to police admin incompetency.

 

They phoned the Met who agreed it was stolen recovered (not a fine impounding or anything) they agreed to pick up the charge!

 

Its just poor admin and sometimes over zealous policing at its best!

 

 

You must have caught them on a good day because they didn't have to

 

In the circumstances you describe veester such recovery & storage charges are, subject to your policy excess of course, recoverable under your own insurance policy.