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Police impounded car: insurance issue

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Hi,

 

I am posting for a friend who runs the local convenience store and as such does not have time to get on the forum himself and may need the problem resolved by tomorrow. In actual fact the issue stemmed from his cousin leaving him his car to drive whilst he went overseas.

 

His cousin whose English is not fantastic had led him to believe that he was insured on the car, as this was the first question he asked. The cousin said that he was insured and that my friend was covered under it.

 

He found out that this was not the case the first day he drove it being pulled over by the police for not having insurance. Of course, they towed the car away at £150 and impounded it at £20 per day. He immediately insured the car for a year getting the standard 1 month temp insurance for immediate cover.

 

He immediately went back to the police who said that although on their systems the car now shows 1 year insurance; they want to see the original certificate and a letter from the cousin stating permission to pick up the car plus a copy of the cousin's passport. Sadly this is near on impossible to achieve as the cousin is up a mountain in Turkey somewhere and without access to mod cons. Also, there he tells me there has been a postal strike so there has been no receipt of the certificate.

 

The police have been less than helpful saying, after his return to pick up the car, that insurance helps save lives against people like him and he is being told that if he does not have the situation sorted by tomorrow (now 2 weeks in the pound) they will have the car scrapped!

 

Is there anything to do or say regarding this crazy situation? It is causing my friend immense grief and cost him over £1000 for a £500 car.

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His cousin whose English is not fantastic had led him to believe that he was insured on the car, as this was the first question he asked. The cousin said that he was insured and that my friend was covered under it.

 

Then he should have asked for a copy of the certificate in case he needed to produce it (7 days) during the cousin's absence.

 

He found out that this was not the case the first day he drove it being pulled over by the police for not having insurance. Of course, they towed the car away at £150 and impounded it at £20 per day. He immediately insured the car for a year getting the standard 1 month temp insurance for immediate cover.
Has he informed the insurance company concerned that he is neither owner nor registered keeper?

 

He immediately went back to the police who said that although on their systems the car now shows 1 year insurance; they want to see the original certificate and a letter from the cousin stating permission to pick up the car plus a copy of the cousin's passport. Sadly this is near on impossible to achieve as the cousin is up a mountain in Turkey somewhere and without access to mod cons. Also, there he tells me there has been a postal strike so there has been no receipt of the certificate.
They are wrong that they need the original certificate in order to release the car. They do need to see a valid letter of nomination from the registered keeper (ie written permission). They will need to see the original certificate to prevent prosecution for driving with no insurance - £200 and 6 points minimum.

 

The police have been less than helpful saying, after his return to pick up the car, that insurance helps save lives against people like him
Absolute claptrap! There is no way on God's green earth that insurance prevents collisions/saves lives. Insurance only means that somebody is there to pay financially for the consequences

 

and he is being told that if he does not have the situation sorted by tomorrow (now 2 weeks in the pound) they will have the car scrapped!
They do have the right to dispose after 14 days. If the vehicle is valued at less than £1000, it will be crushed

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Thanks for your reply patdavies, and for the useful information, I am going to swing by tonight to see what the situation is now with the car and delve further; I must say it seems pretty bleak for him to retrieve the car as he would still need a letter from his cousin at least.

As he is in a bind regarding the release requirements would it be reasonable for the police to just have the car crushed or can he appeal such action as he has his hands are tied? (ultimately it is his cousin's loss, though I'm sure he would not want to have to been part of the creation of the sitauation, as well as wearing all the financial costs till his cousin's return.

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quote=squirlyline;2357521]

As he is in a bind regarding the release requirements would it be reasonable for the police to just have the car crushed or can he appeal such action as he has his hands are tied?

 

Sorry, reasonable doesn't come into it. The Police have seized an uninsured car and are only required to store it for 14 days before disposing of it.

 

He can explain the situation and ask that it be stored longer, but they are under no obligation to accede.

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Sorry, reasonable doesn't come into it. The Police have seized an uninsured car and are only required to store it for 14 days before disposing of it.

 

He can explain the situation and ask that it be stored longer, but they are under no obligation to accede.

 

Thanks PD, I spoke to him last night and he told me since going back to the pound things got worse. I told him to come on to the forum at his next best opportunity and post what has happened as it is a bit complicated. What I can say first up is that his cousin was unaware that his insurance had been cancelled by the insurance company (I don't know when that was yet), and there was no intent to drive uninsured; I see the law does not appear to make provision for intent so it can simplify the procedure of penalisation.

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No, the law doesn't. Like speeding, driving without insurance is an absolute offence and mens rea (or intent) is not required.

 

It is part of the duties of a driver to ensure that he/she is insured to drive the vehicle before driving it on the public highway.

 

If the cousin's insurance had previously been cancelled, then that is the end of the matter. He was driving without insurance, stopped and the car properly seized.

 

He will be guilt of driving with no insurance (£200 plus 6 points - minimum) and the vehicle will be crushed.

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No, the law doesn't. Like speeding, driving without insurance is an absolute offence and mens rea (or intent) is not required.

 

It is part of the duties of a driver to ensure that he/she is insured to drive the vehicle before driving it on the public highway.

 

If the cousin's insurance had previously been cancelled, then that is the end of the matter. He was driving without insurance, stopped and the car properly seized.

 

He will be guilt of driving with no insurance (£200 plus 6 points - minimum) and the vehicle will be crushed.

 

Hooray justice is served!

... anyway I'll leave it to him to continue the thread if there is anything to salvage of the situation.

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Hooray justice is served!

 

You might think about it in a slightly different manner if it had been you or your car hit by an uninsured driver...

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You might think about it in a slightly different manner if it had been you or your car hit by an uninsured driver...

 

You're right, I would certainly want him to be punished as severely as possible, irrespective of the circumstances in which it came about. As it has happened to me I can vouch for that.

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few questions about the car impound issue.

 

do they charge you for the crushing of the cars?

 

can you just leave the car there and let they have it...and at what costs do the met charge you..

 

cheers

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There is a provision to sign a vehicle over for disposal rather than pay the storage costs. The pound should have the relevant forms.


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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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does anyone know any insurers that can insure you when your car is impounded??

 

also can anyone go with you to get your car if they are insured to drive any car?

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does anyone know any insurers that can insure you when your car is impounded??

 

I don't see why the car being impounded at the time would stop you taking out a "standard" insurance policy.

 

also can anyone go with you to get your car if they are insured to drive any car?

 

I don't think so. They can't retrieve the car using the DOV element of their policy unless the car also has "normal" cover.

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does anyone know any insurers that can insure you when your car is impounded??

 

Should not be a problem a full policy will be OK most temporary policies now say they cant be used to recover a seized car!

 

also can anyone go with you to get your car if they are insured to drive any car?

 

Your car would need to be covered and they would have to be covered by their insurance for that car, again some companies are stipulating that the cover can not be used for recovering a seized vehicle.

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