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General => The Shed => Topic started by: rosebud on February 26, 2010, 14:39:30

Title: VICTIM or WHAT
Post by: rosebud on February 26, 2010, 14:39:30
 In the early hours of yesterday morning we were woken by police 3am.
Our car had been broken into & was found about 50YDS away by the police, they did what they had to do then told my husband that it needed to be taken in for Forensic tests for prints etc: OK fair enough  also my mobility scooter which was removed from the car & found about 400yds away.
We rang this morning as advised to see if the car could be released only to be told we would have to pay £150 :o :o to get it back ALSO storage money between being released & us actually collecting it. Fortunately it is only about 10mins by taxi to get there.

Now who is the VICTIM here.
We were asleep when the incident took place our neighbours heard noise & called the police otherwise who knows where the car would be now.
I am so very angry about the way victims are treated.
Title: Re: VICTIM or WHAT
Post by: Hyacinth on February 26, 2010, 14:51:27
Quick and easy answer there, Buds........you and Ron are the Victims >:( :'(

Should ( ::)) the perps ever be caught, you reckon that they'd have their benefits - even jail allowances) stopped to reimburse you?

(Rhetorical question only) >:( >:( >:(

That the p'lice themselves are charging you.......even for me, a mouthy Brummie, words fail me.

Keep strong, Mary. Love to you both,

Lish X
Title: Re: VICTIM or WHAT
Post by: gwynnethmary on February 26, 2010, 14:54:33
very unfair! 
Title: Re: VICTIM or WHAT
Post by: Mortality on February 26, 2010, 15:08:08
That can't be right.  >:(
Title: Re: VICTIM or WHAT
Post by: Unwashed on February 26, 2010, 15:52:35
That does sound quite extraordinary.  I would expect your insurance to cover the cost though.

Was there some particular reason they took the vehicle away?  I've never known the police to do that.  Was there something else going on, or just a simple taking and driving away?
Title: Re: VICTIM or WHAT
Post by: asbean on February 26, 2010, 15:56:32
Words fail me  :o :o :o :o :o :o

Of course, they will charge, because the insurance company will cough up so that's an easy income for them.

No wonder insurance premiums are so high.  ::) ::) ::) ::) ::) ::) ::)
Title: Re: VICTIM or WHAT
Post by: rosebud on February 26, 2010, 16:28:19
 Unwashed, the police wanted to take the car to see if they could get any fingerprints, because there has been a lot of cars broken into over the last few months in & around the area.
We thought being a retirement area it would be safer  ::) ::) ::).
      Asbean,   If we claim on the insurance we shall loose the no claims bonus, so we have decided to pay ourselves otherwise when we come to renew it will probably cost a lot more we cannot win either way >:( >:(.
Title: Re: VICTIM or WHAT
Post by: mummybunny on February 26, 2010, 16:34:36
I cant get over the fact that your being charged because the police wanted to take the car!! Surely they should inform you of the charges before they take it? I wonder what would have happened if you had said no to them taking it away? At the end of the day you were trying to help them find who is responsible for the break ins and this is the thanks you get?

Crazy !
Title: Re: VICTIM or WHAT
Post by: Melbourne12 on February 26, 2010, 16:35:30
I think this practice is quite wicked.  Unfortunately it's become commonplace, and as others have said, it's because they expect that the insurance will pay.  It's a sort of stealth tax on victims of crime.

Some acquaintances of mine recently not only had to pay to recover their vehicle, but found that the police had left the windows open while the car was left outside, and it was full of snow!

And even if you don't make a claim, you may still lose your no-claims bonus if the insurance company even know about it.
Title: Re: VICTIM or WHAT
Post by: Kea on February 26, 2010, 16:36:26
After our house was burgled we just found it was a money making situation for everybody except us.

The insurance company usually finds some way of ripping you off e.g. vouchers for stuff that's not even replaceable. Also it's not one charge for excess is excess for each different section of your policy! Then there is the joy of sorting it out...months and months of it.

Sorry to hear about it, Rosebud and welcome to world of being a victimized victim.
Title: Re: VICTIM or WHAT
Post by: Unwashed on February 26, 2010, 16:41:18
Rosebud, I think they're charging you as if they had recovered a stolen vehicle - £105 + £12/day.  I don't think they have any power to charge you for storing a vehicle seized for forensic examination.  

Did they give you a receipt when they took the vehicle?

Ask them under what authority they seized your vehicle, and under what authority they are charging you for its storage and return.  Tell them that the vehicle was seized for examination and demand it's immediate release and refuse to pay the charge.  Then go and see Citizens Advice and get some help.  Like you say, you're going to be out-of-pocket if you wouldn't otherwise be making an insurance claim.

I hope other members can give you some more specific advice.
Title: Re: VICTIM or WHAT
Post by: macmac on February 26, 2010, 16:45:02
I'm screaming at the computer >:( >:( >:(
at first I thought it couldn't be right sadly it probably is
BUT I wouldn't leave it there,keep your reciept and write/email everyone right up to police commissioner.Were you told there would be a charge when they asked to remove it? I think if you weren't then somebody's guilty of something and it's certainly not you.
Sorry for your aggravation Rosebud  :(
just seen unwashed post I agree C.A.B.
Title: Re: VICTIM or WHAT
Post by: rosebud on February 26, 2010, 17:04:59
 Unwashed, No they never gave a reciept. I am going to say no we shall not pay & see what happens.

The PC who dealt with the crime told my husband that there is usually a charge BUT, because the car was only yards from the house they would not charge. Never said there was any charge for release of our car or for storing it untill we picked it up after release.
Its all a Bl***y con to suit insurance if you ask me >:( >:( >:( >:( >:(.

Thank you all for your supporting replies. Mary ;D
Title: Re: VICTIM or WHAT
Post by: Baccy Man on February 26, 2010, 17:09:26
They should of informed you of the charges before they took the car & given you the option to recover it yourself free of charge instead.
The £150 charge doesn't sound right though it should of been £105 + storage, this charge is not necessarily possible to claim for on your insurance even if you wanted to.
There is an old article about this fee here.
http://www.timesonline.co.uk/tol/news/uk/crime/article1654994.ece

The police do have the power to remove vehicles that are illegally, dangerously or obstructively parked, or broken down or abandoned.  The police are also separately empowered to remove vehicles used in a manner causing alarm, distress or annoyance or driven without licence or insurance. This incurs a £150 charge for a vehicle on the road, upright and not substantially damaged or any two wheeled vehicle whatever its condition or position on or off the road. You wouldn't usually be given the option to retrieve it yourself in this instance but from what you said it doesn't sound like the car would fit into this category.
Further details of these charges can be found here in the article "NEW STATUTORY CHRAGES w.e.f 1 OCTOBER 2008".
http://www.rrra.co.uk/index.php?page=news
Title: Re: VICTIM or WHAT
Post by: Unwashed on February 26, 2010, 17:20:13
This from here (http://www.suffolk.police.uk/NR/rdonlyres/2958DB86-CBCB-419B-AEB0-D726DCE72655/0/VehicleRecoveryV4.pdf)
Quote
There is no legal precedence to remove and detain a vehicle solely for a  forensic  examination,  other  than  under  PACE [Section  19  of  the  Police  and  Criminal Evidence Act 1984],  and  if  this  power  is used  any  removal  and  storage  costs  will  be  the  responsibility  of  the Constabulary.

This is from Suffolk Constabulary's Vehicle Recovery Policy.  Unfortunately Essex Constabulary don't have a policy, but the law is the same, so I'd suggest that you write to the Chief Constable and explain the circumstances under which your vehicle came to be seized - that is was only 50 yards from your house and wasn't damaged, and that the constable told you it was required for forensic examination and that you were told you wouldn't be charged for it's recovery and that you weren't given a receipt for it.  And tell him that it was removed for forensic examination under Section  19  of  the  Police  and  Criminal Evidence Act 1984 and that the cost of any removal  and  storage is  the  responsibility  of  the Constabulary.  And that you'd like you vehicle delivered to you home address now please.
Title: Re: VICTIM or WHAT
Post by: sunloving on February 26, 2010, 17:35:38
hiya sorry to hear that youve had insult added to injury
i agree with unwashed it is a mistake and the price of a stamp might rectify it.
hope all gets back to normal soon
x sunloving
Title: Re: VICTIM or WHAT
Post by: cornykev on February 26, 2010, 17:47:23
Mary, I had to read this twice as I thought I had misread it, I have never heard of taking a car away for forensics, if they had towed the car if it had crashed yes, but a few yards from your house this can't be right.   >:(       ??? ??? ???
Title: Re: VICTIM or WHAT
Post by: djbrenton on February 26, 2010, 17:53:42
If the police recover your car for whatever reason then you are charged for the tow and the storage. They don't normally bother with forensics when a car has been stolen ( it's not a real crime innit) but if they do, then they always take it under cover so they can get round to checking it at leisure. I know someone who was without their stolen car for a week after it was recovered as forensics were busy.
Title: Re: VICTIM or WHAT
Post by: 1066 on February 26, 2010, 17:57:04
It all sounds insane! Hope you get this resolved quickly and at no expense!

Take care
1066
Title: Re: VICTIM or WHAT
Post by: Unwashed on February 26, 2010, 18:05:35
Quote from: djbrenton on February 26, 2010, 17:53:42
If the police recover your car for whatever reason then you are charged for the tow and the storage. They don't normally bother with forensics when a car has been stolen ( it's not a real crime innit) but if they do, then they always take it under cover so they can get round to checking it at leisure. I know someone who was without their stolen car for a week after it was recovered as forensics were busy.
No.  Whether you're charged for the recovery depends on the power under which the vehicle is seized.  If it's seized under PACE it's free, otherwise charges apply.
Title: Re: VICTIM or WHAT
Post by: flowerofshona2007 on February 26, 2010, 18:15:11
Think i would let the local press know ! that is disgusting and they should be ashamed to call themselves public servants ! more like bare faced robbers !!!!!!!!!
Title: Re: VICTIM or WHAT
Post by: telboy on February 26, 2010, 21:27:38
Quote from: Unwashed on February 26, 2010, 17:20:13
This from here (http://www.suffolk.police.uk/NR/rdonlyres/2958DB86-CBCB-419B-AEB0-D726DCE72655/0/VehicleRecoveryV4.pdf)
Quote
There is no legal precedence to remove and detain a vehicle solely for a  forensic  examination,  other  than  under  PACE [Section  19  of  the  Police  and  Criminal Evidence Act 1984],  and  if  this  power  is used  any  removal  and  storage  costs  will  be  the  responsibility  of  the Constabulary.

This is from Suffolk Constabulary's Vehicle Recovery Policy.  Unfortunately Essex Constabulary don't have a policy, but the law is the same, so I'd suggest that you write to the Chief Constable and explain the circumstances under which your vehicle came to be seized - that is was only 50 yards from your house and wasn't damaged, and that the constable told you it was required for forensic examination and that you were told you wouldn't be charged for it's recovery and that you weren't given a receipt for it.  And tell him that it was removed for forensic examination under Section  19  of  the  Police  and  Criminal Evidence Act 1984 and that the cost of any removal  and  storage is  the  responsibility  of  the Constabulary.  And that you'd like you vehicle delivered to you home address now please.
Please read the brief.
It wasn't damaged Unwashed? It was broken into!
Title: Re: VICTIM or WHAT
Post by: rosebud on February 26, 2010, 21:31:31
   RESULT After twoing frowing, on the phone tonight after taking UNWASHED, advice refusing to pay we can now collect our car tomorrow morning.    NO CHARGE      ;D ;D ;D.

Thank you for all other advice very helpfull. ;D
Title: Re: VICTIM or WHAT
Post by: Unwashed on February 26, 2010, 21:36:02
Nice one.  Toot toot!
Title: Re: VICTIM or WHAT
Post by: macmac on February 26, 2010, 21:38:50
HURRAY a victory for commom sense, and A4  :)
Title: Re: VICTIM or WHAT
Post by: Digeroo on February 26, 2010, 21:43:36
Well done what a result.  Well done all you legal beavers.   8) 8)

Bad enough having your car stolen you just do not need added stress.
Title: Re: VICTIM or WHAT
Post by: Hyacinth on February 26, 2010, 22:04:12
YAYYYYYYY  !!!
Title: Re: VICTIM or WHAT
Post by: greenfists on February 26, 2010, 22:17:56
I've only just read this.
Just for future reference (lets hope there isn't a future one for anyone on here).
If something is seized to preserve evidence under PACE, and this was, the Police pay the bill.
If its removed to assist as in breakdown or after RTC, the owner pays.
If its seized it under a number of specific road traffic act powers, obstruction, no insurance, no licence and similar. Then the offender pays if they want it back.
And on a slightly happier note, if its seized for no insurance etc. After a couple of weeks its disposed of. Which often means crushed.
I think the confusion here was that if a vehicle is recovered PURELY because it was stolen and to prevent it going again, then the owner is liable. This was different it was for prints, therefore PACE.
In fairness it may have been the contractor who picked it up who got mixed up.
Title: Re: VICTIM or WHAT
Post by: Jeannine on February 26, 2010, 23:05:46
I have only just read this too..it was disgusting, absobloodylutely disgusting.
My advice would have been to ask for an appointment with the police commissioner pending your decision to make a charge about an officer. It worked treat for me a few years ago. I had some cops come to my home at 3pm and hammer and demand entry, I refused as they said they were looking for someone who I did not know, they were over the back fence and peering in the windows while the others continued to hammer.Still I refused and went upstairs.I then phoned the police and said there was someone claiming to be a cop harassing me and that I was old.. they were there in a minute. I still refused to open the door but between them they decided the person they wanted didn't live there and they left. This happened two more times. I got to see the commissioner who promptly got on to it. It seemed that this man had at some time lived at my address and he was still using it. The cops at the door, through the glass said they suspected my husband was the man, we later found he was 23!! We didn't get another police visit and we did get a letter of apology.

Anyway I am rambling here, posted this only cos it might be useful to someone else along with the other good advice.

So very pleased it has worked out good for you..ooh it makes me so mad.

XX Jeannine
Title: Re: VICTIM or WHAT
Post by: 1066 on February 27, 2010, 07:36:17
Result Rosebud - well done you  ;D

And Greenfists thanks for the fuller explanation  ;)
Title: Re: VICTIM or WHAT
Post by: grawrc on February 27, 2010, 08:31:59
Just reading this. I'm so sorry - it must have been quite distressing for you Mary. So glad you stood your ground and got a result.
Title: Re: VICTIM or WHAT
Post by: cornykev on February 27, 2010, 10:45:08
Nice one Mary what a result, and hoorah to the A4A members for the sound advise.  ;D ;D ;D ;D ;D ;D ;D ;D :-*
Title: Re: VICTIM or WHAT
Post by: Paulines7 on February 27, 2010, 11:22:45
Good for you Rosebud, standing up for your rights. 

I hope you haven't made a mistake in moving to a crime ridden area.   :-\
Title: Re: VICTIM or WHAT
Post by: lorna on February 27, 2010, 11:25:58
Brilliant result Mary.
Title: Re: VICTIM or WHAT
Post by: rosebud on February 27, 2010, 12:17:29
    Thank you very much for all the support & help from you all.

          Thank you Unwashed.


Footnote they did steal my mobility battery & key  :'( :'( :'(.
Title: Re: VICTIM or WHAT
Post by: shirlton on February 27, 2010, 12:33:25
So pleased that you got it  sorted
Title: Re: VICTIM or WHAT
Post by: Hyacinth on February 27, 2010, 14:33:10
Quote from: rosebud on February 27, 2010, 12:17:29


Footnote they did steal my mobility battery & key  :'( :'( :'(.

Rotters >:( How bloody low can you get, eh? >:( >:( >:(