Car got towed, found innocent, Now getting my money back

23
Found 21st Nov 2013
So Last year January my car was seized and taken to an impound for apparently not having insurance. Was issued with a FPN on the spot, with the choice of paying the fine and taking the points or going to court. I went to court last year November to prove that I did have insurance and the magistrates dropped all charges because they had no evidence.

At the time my car was impounded the cop told me if I was found innocent I can claim the impound fees back plus any incurred costs due to the seizure (I had to take a cab to finish my journey). I did end up getting my car out the day after the seizure.

I just got a letter from the courts after finally being able to get hold of someone and chasing it up, the letter says the cots incurred are not covered by the costs regulation, under S.16 of Prosecution of Offence Act 1985.

Where do I stand? Surely the police can't just impound cars, and lie to people about getting their money back!

23 Comments

Banned

there must be something more to this story

Small claim court ????.
Most companys dont attend
Then send in the baliffs to collect your money it works with banks.

Original Poster

ewwaxo

there must be something more to this story



Such as?

So. Vehicle seized under section 165 yes?

Where was the car seized from? Were you pulled over?

Police cars use ANPR (automatic number plate recognition) which reads the licence plate and can tell them if the car is taxed, insured and if it holds a valid MOT certificate.

If they are quoting that you had no insurance then there must have been an administrative error from your insurers in not updating the database or something similar.

More info would assist in people getting a better picture as to exactly what has gone on. I know the police are sometimes not the most efficient of government departments but I doubt they would be in the habit of getting vehicles impounded for the hell of it.

I think it comes down to being more of an issue for your insurer as at the end of the day while the police inconvenienced you the insurer caused the screw up in the first place to cause the recovery.

http://www.mib.org.uk/Motor+Insurance+Database/en/MID+Faqs/What+if+my+car+is+not+on+the+MID.htm

Write a letter addressed to the company CEO with copies of all documents. Ensure you state specific demand the costs you are out of pocket by, any other sundry expenses as a result (eg getting to court) and compensation for distress. It is often best to work out your actual costs reasonably and then set the figure you demand higher than that so you have room to negotiate.

"Surely the police can't just impound cars, and lie to people about getting their money back!"
seems they can from the look of it, tell your insurers to pay up or take them to court as the nice policeman in that article suggests

Original Poster

The problem was with the DVLA not changing the name over, as it is a company car under company insurance (our own company)

so you want the Police, who acted on information that was presented as correct, to financially compensate you for another persons mistake?

Or have I missed something...?

Original Poster

Derby_Lad

so you want the Police, who acted on information that was presented as … so you want the Police, who acted on information that was presented as correct, to financially compensate you for another persons mistake?Or have I missed something...?



That's neither here nor there. The police are the ones who dealt with me, where they get their information from is none of my concern, they have an integrated system and the logistics of this shouldn't concern the layman. As proven by the courts, I was innocent, and as suggested by the over zealous officer who decided to take my car away I'm trying to get my money back, money which should not have been taken out of my pockets in the first place

So. Did you present your insurance cover at the side of the road when pulled over as is required by law?

As you commited an offence by not doing so if not?

Also. Your vehicle was insured but there was a discrepancy with the paper work of some description, am I correct?

Derby_Lad

So. Did you present your insurance cover at the side of the road when … So. Did you present your insurance cover at the side of the road when pulled over as is required by law?As you commited an offence by not doing so if not?Also. Your vehicle was insured but there was a discrepancy with the paper work of some description, am I correct?


Wrong. You do not have to produce them at the roadside 'as required by law'

What law?


You do not have to carry any documents with you. If you fail to produce them at the roadside you have 7 days to provide them to a police station. Only then is it against the law if these 7 days surpass. The ANPR system is supposed to be there to AUTOMATICALLY recognise insurance validity etc etc.


gov.uk/sto…hts

t0mm

Wrong. You do not have to produce them at the roadside 'as required by … Wrong. You do not have to produce them at the roadside 'as required by law' What law?You do not have to carry any documents with you. If you fail to produce them at the roadside you legally have 7 days to provide them to a police station. Only then is it against the law if these 7 days surpass without you providing them. The ANPR system is supposed to be there to AUTOMATICALLY recognise insurance validity etc etc.https://www.gov.uk/stopped-by-police-while-driving-your-rights

I don't quite know why you're quoting yourself. But.

Sect 165 of the road traffic act outlines the offence. As at anytime a police officer can request. Insurance, licence, mot.

What you're referring to is a hort/1 (or producer you may know it as).

Legislation was rewritten to include a provision for a driver to be granted 7 days from midnight on the night of being requested to do so to produce them at a police station.

This was because it is understood that in modern times it is not ideal for people to carry them in the vehicle.

If you then fail to produce them. You will be reported for failing to produce at the roadside.

As for ANPR, that will as long as they are all in order. But as there appears to be some discrepancy that the op is yet to clarify. The ANPR would not have been able to show whatever insurance the op had in place.

Is that a bit more clear?

The gov site although correct overall. Is not fully explaining legislation. Which is is where the confusion may lie.

Shouod have got it in writing that the cop told you you can claim fees back. Its your word against theres

Derby_Lad

I don't quite know why you're quoting yourself. But. Sect 165 of the road … I don't quite know why you're quoting yourself. But. Sect 165 of the road traffic act outlines the offence. As at anytime a police officer can request. Insurance, licence, mot. What you're referring to is a hort/1 (or producer you may know it as).Legislation was rewritten to include a provision for a driver to be granted 7 days from midnight on the night of being requested to do so to produce them at a police station.This was because it is understood that in modern times it is not ideal for people to carry them in the vehicle. If you then fail to produce them. You will be reported for failing to produce at the roadside. As for ANPR, that will as long as they are all in order. But as there appears to be some discrepancy that the op is yet to clarify. The ANPR would not have been able to show whatever insurance the op had in place.Is that a bit more clear?



still wrong, you are advised by the police NOT to carry such documentation in cars, for reasons of theft for example.

http://www.herts.police.uk/advice/crime_prevention/vehicle_security.aspx

Never leave vehicle documents in your car - don’t make it easy for a thief to sell your car or provide a cover story if stopped by the police.


http://content.met.police.uk/Article/Vehicle-crime/1400011158005/1400011158005

Never

Leave cash, credit cards, chequebook, mobile phones, vehicle documents or other valuables in the car.


cumbria.police.uk/adv…ime

Keep your driving and vehicle documents safe & not in your car.

http://www.cleveland.police.uk/advice-information/Vehicle-security.aspx

Never leave any documentation pertaining to the vehicle, service record, registration document etc.

http://www.surrey.police.uk/news/news-stories/full-news-story/article/7349/officers-give-security-advice-following-vulnerable-vehicle-initiative

Don't store driving or vehicle documents in your glove box. Keep them stored safely at home.











Edited by: "Alfonse" 22nd Nov 2013

Alfonse. You missed my point.

The offence is failing to produce at the roadside. But. As I've stated. The provision was legislated to allow the 'producer'

Its easier to append or add legislation rather than remove it. Hence the addition of the provision.

And if you really want to pick bones. I'm sure most of them state 'do not leave' not 'do not carry' so if you really want to be pedantic. I didn't say leave them in the car. I said its your duty to produce when requested to do so.


I'm not looking for a battle of words. I was trying to establish the facts with the opwho is out of pocket. But without knowing all the details its pretty hard to advise further.

i wouldda reported a theft!

small claims court btw!

Lucifer_UK

small claims court btw!



With who as the defendant? Police force or OPs insurance provider?

Definitely something to report to the Independent Police Complaints Committee.
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