charged for recovery on stolen vehicle

[jb07]

hi all.

We had a vehicle stolen from our lock up a couple of weeks ago. To my suprise it was found in liverpool, after the police had finished the forensics we were allowed to go and collect it, we were charged £150 for recovery of the vehicle.

Is this right, as the vehicle was stolen and we didnt ask for it to be recovered?

cheers

[beachcomber60]

My cousin use to work for a garage that recovers stolen vehicles on behalf of the police, its a scheme that used to be run by the AA, at the time my cousin worked there the recovery charge was £90 so guess the fee has gone up.

 

Dont know whether you've been advised but you will also be liable for 'storage fees' which used to be £12 per day - so get it out quick! Have you spoken to your insurance company as they pay these fees - especially if the vehicle has been damaged.

 

He did tell me that sometimes people kicked off big time & recovery fees dropped, it got so bad the garage concerned employed security guards during the day.

[patdavies]

My understanding is that if the recovery instigated by the Police is for 'safekeeping', then the owner is liable - usually paid by the insurer without any deduction of excess.

 

However, if it was recovered by the Police for forensic purposes, then they are liable for the charges.

[katedog]

The police have duty to catch the bad guys and you would want them to try wouldn't you?

If they recover your stolen car to fingerprint it your insurance company should pay the bill.

If the police took your car away when it WASNT stolen, lets say it was used in crime and they suspected you were involved then they would pay the recovery bill.

As far as storage is concerned its £20 a day for a car but you/insurance only pay from the day that the cops say you can have your stilen car back, if they try to charge you any more then they ate bent and need reporting to local cops could they could loose a very lucrative contract, or worse get locked up for deception.

[patdavies]

If they recover your stolen car to fingerprint it your insurance company should pay the bill.

 

Why?

 

Detection of crime and the catching of criminals is a primary function for the Police, payable via taxation.

 

It isn't part of our systems to charge a victim of crime for the investigation of the crime - why should it be different when it involves a car?

[katedog]

Why............?

 

Because what little money is actualy given to the police from taxation is NOT enough for them to do even the most basic policing.

 

And (other than car jacking) most people can do something to minimise the risk of having their car stolen in the first place, ie fit secuity to older cars and/or take your keys to bed at night. If you choose not to do this then why should the police or the british tax payer pay the bill.

 

If you want them to pick up the bill for recovering your car then there would be even less to spend on other things and the streets would soon become awash with criminals and crime.

 

I'm not saying it's right.

 

I'm just telling you how it is. (ie how vehicle removal is run/funded/paid for)

 

The alternative is they ring you up at 4am tell you your car is 120 miles away in the arse end of the roughest council estate and by the time you get there it's been nicked again only this time they find it the next day burnt out after its killed a four year old child playing in the street. Your insurance then has to pick up an even bigger bill. This is why all major UK insuances are more than happy to pay £150 + £20 a day.

Edited July 9, 2009 by katedog

[blueskies]

I had my motorcycle stolen from my back yard last year. It was not insured as I was not using it. It was recovered by the police the following day after having been torched. I was given the number of the recovery firm and asked to contact them.

 

The firm was asking for the £150 recovery fee. This was higher than the value of the bike in it's condition. I told them that I would not be paying it for the following reasons.

 

I was not in any way negligent in the storage of the bike (on private property with a secure chain which was cut)

 

I was not given the opportunity by the police to recover the bike myself even though it was found after having been reported stolen.

 

I did not form a contract with the recovery firm for the recovery, the police did.

 

The liability of the recovery (i.e. the position it was found in) is down to the person that put it there - the thief)

 

If anyone can point to any statute or judgement that makes me liable for the recovery can they let me know.

 

I did do the firm the courtesy of offering to drop the paperwork off to them in exchange for them dropping any claim against me and they declined.

[katedog]

bs

 

you must remember that thee companies are in the business of trying to make money,

 

like everyone else they will chance their arm to make a buck.

 

i bet they havent contacted you since your generous offer!!!!!!!!!!!

[scaniaman]

Katedog, have just read your thread of 9/7/09 re nicked car. Since i don't want to go off topic, would you like to discuss police resources in another topic--and i will tell you why police can't afford basic policing.

[biffinplate]

Hi Blueskies

 

Road Traffic Regulations Act 1984 (Sec 99-104) covers recovery of stolen vehicles.

Biffinplate

[patdavies]

Hi Blueskies

 

Road Traffic Regulations Act 1984 (Sec 99-104) covers recovery of stolen vehicles.

 

Biffinplate

 

No it doesn't. There is no mention of 'stolen' at all. These sections relate to unlawfully parked vehicles; not the recovery of stolen vehicles. The relevant section is s.99 , the remainder deal with recovery of the costs and disposal of vehicle.

 

s.99

99. Removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down.

— (1) The Secretary of State may by regulations make provision for the removal of vehicles which have been permitted to remain at rest— (a)

on a road in contravention of any statutory prohibition or restriction, or

 

(b)

on a road in such a position or in such condition or in such circumstances as to cause obstruction to other persons using the road or as to be likely to cause danger to such persons, or

 

©

on a road, or on any land in the open air, in such a position or in such condition or in such circumstances as to appear, to an authority empowered by the regulations to remove such vehicles, to have been abandoned without lawful authority,

 

 

or which have broken down on a road.

[biffinplate]

ok it may not state stolen vehicles but i doubt many stolen vehicles are not left illegally, obstructively or dangerously parked, or abandoned.

 

Who do you suggest pays for it?

[patdavies]

ok it may not state stolen vehicles but i doubt many stolen vehicles are not left illegally, obstructively or dangerously parked, or abandoned.

 

Who do you suggest pays for it?

 

See post #3

[letshelp]

subbing

[orge]

Hi, I'm currently in the same situation...

 

I've started a new thread, but would greatly appreciate any input from those keeping an eye on this thread.

Many thanks,

 

James

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276105-Recovery-Fee-Following-Theft-of-Vehicle&p=3117866#post3117866

[ste.s]

well ive found this thread helpfull as i have a simalar case but my one was my van seized for forensics after i was attacked,the garage wonts £150 recovery then £20 a day the van was only cleared for return on thursday night 7pm,when i spoke to the garage they wont in total on monday morning £350 which i dont have.

the sad thing is a week after i was attacked the police still have not taken my statement,which act does seizure for forensics come under is it the one further up.

any advise greatfull needed

[ste.s]

can someone clarify the sections for me as im not clued up on the law

[cactuskid]

The amount of cases like this I am hearing about now is unbelievable, ths is truly a national epidemic of police malpractice!

 

The law that allows police to seize evidence is PACE (Police and Criminal Evidence Act). So what happened exactly? Where was your van when they seized it and was you there when they took it or in hospital etc?

 

Chris

[ste.s]

the van was in the parking bay at the hospital,the police said that there was a report that my van vas seen outside an address where negbours saw a person get mashetted to the head and beat up,i explained to the police that it was me that got attacked it was noticable as blood was pouring out of me,my partner explained that she saw me get attacked and KO d she picked me up and put me in the van then drove to hospital were she phoned the police.

any advise you can give me would be great as we dont have the money as im now off work and the mrs is 5mth pregnant

[ste.s]

forgot to say i was arrested and repeated what happened in interveiw 20hrs later and aweek on they still have not took a report from me re my attack

[cactuskid]

it sounds like the van is the least of your worries! Did you get a duty solicitor when arrested?

 

Chris

[ste.s]

yes i had a solicitor who is of the same its a cover up due to there muck up,section 20 of pace is that the one that covers seizure to do forensics or is it a another one,no charges where brought against me just bailed pending the out come of the van.

i noticed that there was two acts the pace and the section 101 is the 101 just for vehicles recovered from theft or would this case be covered by it,i did think of another direction being county court to prevent my assets bing desposed of whilst this gets investigated,human rights act,would i be going down the wrong lines at this stage or do you know of any other angle to take as i dont have the cash to get it back furthur more the tax and mot runs out at the end of the month

cheers

[cactuskid]

ok you will need to get your solicitor to make an urgent request for a Judicial Review. This is the form he needs to fill in on your behalf http://www.bushywood.com/n463.pdf and get an urgent hearing before your van gets weighed in.

 

Typically a solicitor will make every excuse not to do this so be assertive and make him/her do it asap on your behalf. Let me know what happens when you request this. When the police see this arrive on their door mat they lay a big **** believe me!

Not many people know about their right to judicial review, it is normally reserved for the wealthy. If everyone did this when there was trouble then the police would know where they stand.

 

The police are trying to tax you for a PACE seizure. You are not liable for any expense during a PACE seizure and they must give you back your property free of charge as soon as is practically possible. Unless your van was blocking the highway, was uninsured or stolen then they have no reason to be claiming section 101 expenses.

 

Chris

 

Chris

[ste.s]

cheers chris,ill get onto my solicitor asap,plus ill email him to contact me first thing,he is good and hates the police also loves complecated cases.

cheers i will let you know tommorow how it goes,many thanks ill speak soon

steve

is it the solicitor who files the paperwork or do i hand it in after hes filled it in,just so i know so it gets sorted

[ste.s]

just looked at the form i see what you mean about how the will react