Police took car away though it wasn't reported stolen

[rusty24]

Hi everyone,

my friend had an accident in his car.

 

He lost control going round a roundabout and crashed into a lamppost.

 

After checking his car he drove home and put his phone on charge as it was flat

and fell to sleep as he was on his way back from visiting his mother.

 

Next morning he was woken by the police at his door, when he went out his car was missing.

 

The police said they thought it was stolen and dumped so took the car away.

He lost his job because of not having his car.

 

He asked why they thought it was stolen and

they said they assumed it was because it was involved with an accident with a lamppost

and wasn't at the house it was registered too.

 

He is separated from his wife who is still living at the house in his name and he lives with friends.

 

They also said he left the scene of an accident,

to which his reply was no one else was involved and the car wasn't damaged enough to make it unroadworthy,

and as this is the first time it had happened to him didn't realise he had to.

 

Plus it happened outside the garage his friend works at and assumed it's on CCTV,

which it was, that's how the police got his number.

 

Accident aside, can the police take his car like that,

then say he has to pay a hundred odd pounds and twenty pounds each day they have it?

His wages were low and he couldn't.

 

All this happened on the 23rd of December where he hasn't heard anything about it

until two days ago when a summons to go to court

and a charge of due care and attention is being charged against him,

even though he said to the police on the 23rd of December he doesn't know why or how it happened?

It's been four months now and it's come out of the blue?

[dx100uk]

difficult one.

 

he left the scene of an accident

 

he could/should have reported it by phone at his mothers.

 

he should have also updated DVLA & insurance of change of address I guess too?

 

dx

[rusty24]

He now realises what he should have done,

but still his car was not reported stolen and was parked as it should be.

The police assumed .

 

He had the keys in his hand when the police were there

and he asked them if any locks or windows were broke or tampered with,

they said no so

 

he asked why they would think it was stolen and dumped as it was parked properly?

They just said err ???

 

He was going home from his mothers, not to his mothers.

 

He said he had informed his insurers before the police arrived

and also the police said he had 24 hours to report the accident

to which he had done before the time was up.

[dx100uk]

ok not my bag I will admit.

 

the BH w/end can be quiet

 

hopefully the more knowledgeable ones will be around in daylight hours.

 

gotta agree that I cant see why the took it or p'hapsshould charge for it.

[rusty24]

ok not my bag I will admit.

 

the BH w/end can be quiet

 

hopefully the more knowledgeable ones will be around in daylight hours.

 

gotta agree that I cant see why the took it or p'hapsshould charge for it.

 

That's ok, thanks. I'm just trying to find out if he can do anything about his car as it's disappeared, he thinks scrapped or auctioned off? I mentioned a no win no fee solicitor as he barely lives with his wage now, he found another job but the wages are low. It just seems so wrong that they took his car in the way they did?

[rebel11]

Have the police followed all the procedures?

 

Here's some info:-

 

http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/the-police/complaints-about-the-police.html

[rusty24]

Have the police followed all the procedures?

 

Here's some info:-

 

http://www.yourrights.org.uk/yourrights/how-to-enforce-your-rights/the-police/complaints-about-the-police.html

 

I don't know how to find this out. But with the information he gave me it seems not?

[rebel11]

See if he can get some free legal advise, some do a free 1/2 session, CAB is also an option.

 

I don't know how to find this out. But with the information he gave me it seems not?

[rusty24]

Iv already suggested to him the free half hour,

but where he lives they don't do that anymore so would have to travel to find one?

The no win no fee route is a possibility too.

 

But I was hoping someone on here could shed light on the way they took the car ,

as it seems they could take anyone's car just because it's not outside the house it's registered too,

especially when the car hasn't been reported stolen or missing.

 

Also I can't remember if there is a time limit for them to contact you after an incident on the road,

or is that for speeding only?

[mch1991]

I would assume that as long as the vehicle is not left in a position by where it's causing an obstruction to both the road and footpath, is left secured (i.e. locked), and isn't leaking fluids all over the place or is in a completely destroyed, unroad worthy state which could be causing a danger to the public, then the police really have no recall to seize the vehicle.

[rebel11]

http://www.sussex.police.uk/help-centre/ask-us/roads,-driving-and-cycling/what-are-the-reasons-the-police-can-seize-my-vehicle-and-what-powers-do-they-use

[rusty24]

He had turned round and parked the car normally facing the opposite way from where he had come from, the car was parked properly and legally in the same way the other cars were next to his.The car was also not badly damaged and roadworthy . There was no warning given and they took his car before they saw him or contacted him. His insurance told him they would cover the damage to the lamp post, and it seems the only explanation of his losing control on the roundabout in front of the garage was probably deisal on the road?

[Aretnap]

Also I can't remember if there is a time limit for them to contact you after an incident on the road, or is that for speeding only?

Generally speaking the police must serve a NIP on him within 14 days of certain offences in order to prosecute him - but this provision does not apply where the charges relate to an accident. Here the only relevant deadline is that they would have to lay the information with the court (ie file charges) within 6 months of the offence - which they seem to have done.

 

Not sure about which regulations the car was taken under, but I think it might have been under Section 99 of the Road Traffic Regulation Act which gives the police the power to remove vehicles which "appear" to have been abandoned. It may be therefore that it was legally taken even if it hadn't actually been abandoned. Has he spoken to his insurers about whether they'll cover the vehicle? Generally if he had comprehensive cover ity would pay for release of the vehicle after a theft - the complication being that it wasn't actually stolen.

 

it seems the only explanation of his losing control on the roundabout in front of the garage was probably deisal on the road?

Was there actually diesel on the road (did he check?), or did he just take the roundabout too fast? He is likely to have difficulty defending the careless driving charge unless he can offer a reasonable alternative explanation - and vaguely suggesting that there might have been diesel on the road might not be enough.

[rusty24]

It is possible taking the roundabout at speed was the cause, but he assures me he didn't and still doesn't know why it happened as the car was in good order.

 

That's why I guessed at diesel on the road was a possibility?

 

He didn't check for diesel nor did he phone anyone at the time, which he should have.

 

It still seems wrong the way his car was taken, being parked properly and locked.

 

I'm also wondering why the police didn't try to contact him before taking his car if they believed it to be stolen and dumped,

and what reasons made them come to that conclusion, especially when it was locked and secure with no damaged windows or locks?

 

Thank you all for your input, but it seems the police are able to do this in the way it was done and with the only reason they gave when asked was "err?" .

 

I'll advise him to see if a no win no fee will take his case on.

 

Thanks again for all your input.

[Aretnap]

The lack of damage to windows or locks doesn't mean very much in terms of assessing whether a car is stolen.

 

Modern cars are extremely difficult to steal without the keys

- the days when teenagers smashed the window and hotwired the ignition are gone.

 

Most cars are taken by thieves who break into houses to find the keys.

.. or retrieve them from the hook in the hall with the aid of a bit of wire pushed through the letterbox.

So there wouldn't normally be damage to the locks or windows.

 

Unless the value of the car was more than £10000 any claim for it would be heard in the small claims court

where only very limited legal costs can be claimed.

 

It's therefore unlikely that a no win no fee solicitor would be interested, I'm afraid.

[rusty24]

Thanks Aretnap

 

it looks like there is nothing to be done then?

 

As he lost his car and his job because of this he is not very happy to say the least.

 

Looks like it's one of those things the police can do with no recourse.

 

I'll ask him if he tried the no win no fee route

 

and update you all on here if he did,

 

thanks for the replies.