Accident. Vehicle recovery and charges recovery.

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I've tried to cover all details, so please excuse the essay. Assistance here would be appreciated

 

Scenario. Scotland (and thus NB revoked 2011 regulations - anything else put in place since?). 9am. Somehow skidded at low speed coming out of a bend, turning 90 degrees into opposite carriageway, leaving front wheels hanging over a shallow ditch on the opposite side of the road, with the car blocking oncoming traffic. Front-wheel drive, so could not be driven out. This was amongst a series of blind bends on a busy-but-very-rural A-road, so I called the Police to deal with traffic in case anyone should plough into me. They attended, and informed me that they would need to arrange immediate recovery due to location, to which I agreed as, frankly, even with Police in attendance, it was a further accident waiting to happen.

 

Recovery company arrived to drag front wheels out of ditch. Rear wheels remained on road throughout (no photographic evidence: location was too hazardous until recovered to be standing in road taking photos, but the location would simply not allow a Volvo V90 estate to be even close to wholly off the road due to a stone wall/bank beyond the ditch, and ignoring the fact that the carriageway was blocked). Out within 5 minutes. No visible damage to car at all except for a missing front foglight (have photographic evidence). Later assessment by local garage shows additionally a broken plastic dirtguard at the front bottom, and a damaged radiator and bracket : on dropping into the ditch, the base oft he radiator seems to have got a shunt). Recovery comapny refused to either leave car on road to be checked, or be driven off if ok, or be left in a very large layby not 50yds down the road to allow further recovery to garage of choice if required (reason given: police request, and the attending police would not get involved with those negotiations at the time). Said would have to collect from their recovery centre, but would not drive me with the car to the recovery centre either. Police stepped in as I was stranded in the middle of nowhere with no means of payment, and drove me 20 miles home (and very kind of them too!).

 

Next day, 10am. Go to collect car with local garage in attendance for tow (was unable to test for problems after recovery, so no idea if driveable or not: took garage to be sure!). Car was driven out of the compound and onto trailer for garage assessment (ie. perfectly driveable, even if engine damage would quickly ensue due to coolant loss). Bill breakdown: 2 days storage - £40. Recovery of wholly off-road, significantly damaged vehicle - £300. VAT - £68. Total £408 (instead of an expected £180). "They are our charges. Pay up". Sure, if the car were damaged (regs: "“damaged” means damage to a vehicle such that in the reasonable opinion of a constable it cannot be driven safely on the road", but no opinion was sought), they had stored for 2 days (regs: "the first 24 hour period begins at noon on the first day after removal during which a vehicle is retained at a place where it can be claimed before noon of that day"), and the car had been off-road (regs: "“off road” means that no part of the vehicle is in contact with the road"). I have a photograph of their scale of charges displayed in their office, stating in bold that they are applicable for both owner and police requests, and these appear to be a printout of the (revoked) 2011 Scotland regs charges. Paid under protest, to an abusive owner of the garage (I have a partial audio recording of the exchange: wife switched on phone after, alas, a juicy anti-English rant that was not repeated). Annotated the receipt at the time to that effect, and that a small claims action would be pursued. Provided them with a copy, which they binned on the spot.

 

My main problem is getting the "safe" state and "on-road" position of the car confirmed. Bu I have been told by the Police that a) no written report will have been generated at the time with any significant details as no damage or injury, b) no statement from attending officers can ever be requested or obtained by individuals and that, c) the only route to take is to complain to the AA who subcontract recovery services to local garages on behalf of the Police, and who may decide to investigate my problem if I can provide sufficient details. That is all very nice, but how about my contract with the garage that the Police insisted be used for recovery? (I did not get insurance co. involved, as the car is too old - but perfectly reliable! - to be considered anything other than a write-off by them). I have faith in what appears to be a cut-and-dried small claims procedure,especially if I can get some sort of police statement, but not a lot in the AA who possibly will not investigate their own subcontractor.

 

So a few questions, if anyone can help me please

 

Just what is the status of the relevant statutory recovery charges in Scotland at the moment? Was anything put in place after the 2011 revocation? How ought I proceed regarding this mess? And can anyone confirm that no storage charges are due for my timings at least as per the 2011 regulations?

 

With thanks ...

[BankFodder]

Have a look at this - http://www.legislation.gov.uk/ukpga/1982/29/section/15

 

I would suggest getting a few quotes for the same removal. If your quotes are substantially different then I owuld have thought that you could set about recouping the difference with a fair chance of success.