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Jan 10, 2013 19:06:02 GMT
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Hi, I bought a Seicento a couple of years ago as a trader I used to use it as a 'paper weight' for the trailer to stop the trailer getting stolen Anyway the other night the car was off the trailer and it was taken and burnt out when I reported I did not give authorisation for recovery as I thought there was a good chance I would be able to pick it up the next day an officer called me to say it had been burnt out and as far as he was aware it had been recovered I asked him what the situation regarding recovery fees would be and he wasn't sure Today I received this letter  I rang the DVLA who tell me the car is not in anyone's name and is down as 'in trade' I rang the Police back to check it was written that Authorisation for recovery had not been given, although they tell me they will recover if it is in a dangerous or obstuctive place (it was down a track leading into a field) I'm asking for any kind of advice really? Apparently the officer dealing with the case will be ringing me so I don't know what he will suggest Thanks |
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Jan 10, 2013 19:19:27 GMT
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Your going to have to pay that fee.
Toss I know, had it myself.
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Jan 10, 2013 19:49:27 GMT
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Bunch of barstewards ,Sadly hes right
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Jan 10, 2013 20:04:33 GMT
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Nah, you don't. Clue is in the "Tort (interference with goods act)" line at the top (google it  ) What it means is that for them to legally claim title and weigh the scrap in they need you to sign it to them. Doing so requires the serving of a tort (the letter) and for the value of the goods to be less than the amount owed. Ring them up, and tell them they can keep the car, end of story. |
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To get a standard A40 this low, you'd have to dig a hole to put it in |
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Jan 10, 2013 20:25:17 GMT
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its not like you left it there on purpose surly its not your fault and then they what all that money when you could have recovered it yourself.
the letter says the cost is 480.00, doesnt say pounds so give them 480.00 pence
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1994 BMW 525i touring
2004 BMW Z4 sorn and broken
1977 Ford Escort
1982 Ford Capri getting restored
1999 Mazda B2500 daily driver.
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Jan 10, 2013 20:30:56 GMT
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If you're right about that, Scary, and i'm sure you are, it won't be the first time you have helped me out on this forum I don't want this to turn into too much of a curse word about the law as such as it will quickly get locked / go to the whinge bin, but I would like to check out the situation with the recovery company and report back. Please don't lock it yet |
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Jan 10, 2013 21:01:52 GMT
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To get a standard A40 this low, you'd have to dig a hole to put it in |
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stealthstylz
Club Retro Rides Member
Posts: 14,842
Club RR Member Number: 174
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Jan 10, 2013 21:19:05 GMT
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Yup Scary is right just ring them and tell them to keep the car. This is how I owned so many cars in such a short timescale when I did recovery, the majority were claimed as payment for recovery/storage debts owed. The charge is the normal feeds for a burnt out car, its classed as a specialist recovery, and the fee would normally be paid by the insurance company.
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Jan 10, 2013 21:27:26 GMT
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Yup, I concur with what's been said. During my 'special' stint in blue, I was involved in a few burnt wreck recoveries. They can send you the bill, but tell them to keep the car, should be the end of the story. If they start chasing you through the courts (VERY unlikely) let us know and we'll change tact. Sorry to hear about the theft  Ian |
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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Jan 10, 2013 22:04:12 GMT
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On a related note, say the car was found in one piece and you'd like it back. Would you have to pay up then?
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Jan 10, 2013 22:17:45 GMT
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In reality authorisation would have to be obtained from the registered keeper before recovery, unless the vehicle was obstructing the highway or causing a danger to other road users. The police themselves VERY rarely recover any vehicles themselves any more, it's almost always subcontracted out and these often unscrupulous companies usually just make a figure up.  Since you are essentially dealing with a private company, it's up to them to prove you owe the money, the fact the Chief Constable 'requested' them to act counts for very little, ask to see the 'request' it probably doesn't exist. So to sum up, if your vehicle has been recovered without your acknowledgment or consent by a private company and it wasn't causing an obstruction or danger, their position is pretty weak to say the least. Argue a lot and you'll probably be surprised how much comes off the bill. Ian |
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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stealthstylz
Club Retro Rides Member
Posts: 14,842
Club RR Member Number: 174
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Jan 10, 2013 22:29:06 GMT
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^^^^is Bullplop.
A burnt out car is now usually recovered as a matter of urgency no matter where it is, due to the damage being caused by chemicals being released into the ground/water.
The fees aren't made up, a recovery firm is a high cost operation with lots of downtime.
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Jan 10, 2013 23:02:22 GMT
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*ahem* If you re-read my post, I wasn't referring to a burnt out vehicle, I was replying to BenzBoy's question.
Additionally, however 'high cost' a business is to run, it's not just the 'cost' that is passed on, but the additional charge to make the business profitable, how some companies come to these figures is beyond most logical explanation.
Before you go slating a post as 'Bullplop' please read everything in the context it is written, and either disagree politely, or don't bother replying at all!
Ian
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1971 Range Rover
1977 Jeep Cherokee
1982 W123 Merc 230CE
1992 Peugeot 405 TD Saloon
1995 Peugeot 405TD Estate (having a rest)
1990 Peugeot 205 CJ - For Sale
1985 Peugeot 305 GTX
1979 Honda Accord MK1
1995 BMW E34 TDS
1994 BMW E34 TD
1998 Mercedes 320 CLK
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Jan 10, 2013 23:18:12 GMT
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& don't forget your the victim of a crime. ha ha ha yeah right.
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theres more to life than mpg & to much power is just enough.
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Jan 10, 2013 23:28:01 GMT
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There's some good advice in this thread. I've learned some bits and pieces I hope I never need.
In case the recovery company do decide to take you to court to recover the money, when you tell them to keep the salvage in lieu of payment you'd be best doing it in writing, recorded delivery and all that.
One of my bikes was nicked recently, found torched a few days later. The Policeman who called said it had to be moved pronto because I'd be liable if someome hurt themselves on the wreck.
Rather than get into an argument with him about how much rubbish I thought he was talking, I said I'd arrange recovery and for him not to get their appointed mob to do it. Got his name and shoulder number and all that in case they did it anyway.
I was going to phone a pal with a van and went for a look while I was waiting on him calling back. The scrap metal fairies had already picked it up and probably weighed it in by the time I got there.
Bike technically stolen twice but it saved me a few quid.
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Used to do recovery myself and this is just a standard letter sent out basically trying it on.
You have not instructed them to take it so phone up and politely thank them for sending a letter but explain that you have made no claim for the vehicle nor want to so you will not be collecting it nor paying for any of the costs involved. Inform them they are welcome to dispose of the vehicle to recover their costs.
Standard practice matey,when I was doing it insurance companies would sometimes phone at 7/8 in the night the day a car was recovered saying a van would come to collect it in an hour if it was worth anything yet if it was a £200 scrapper you could phone and phone them and they just palmed you off pretty much telling you to scrap it as they weren't interested and that's straight from a few major companies mouths.
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Jan 11, 2013 11:31:22 GMT
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I just rang the recovery company
The person i spoke said i would have to pay the recovery charges
What do i need to say to them?
Is it better to write a letter?
Thanks
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Jan 11, 2013 12:52:04 GMT
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Well, there isn't any law preventing them from trying it on!
Basically, you signed no agreement, so they are going to have a hard time enforcing that fee in court, and the letter only allows them to claim title to the vehicle NOT the outstanding monies.
Put it in writing, complain to the PC who was dealing with the case, if all else fails and they do try to sue you for it (they won't, it's a bluff) get a solicitor to sort them out.
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To get a standard A40 this low, you'd have to dig a hole to put it in |
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Jan 11, 2013 13:51:31 GMT
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Do you think there is anything specific i should say in the letter?
Other than i am releasing the car to you, is there some line which will let them know i know what i'm talking about?
My letter stands as,
"Dear Recovery Company,
I am writing in reference to Fiat Seicento (reg number)
I am releasing the car into your ownership
Thank you"
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Jan 11, 2013 14:22:03 GMT
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Or something along the lines of:
I am releasing the above mentioned vehicle into your ownership in lieu of payment for the unauthorised removal and storage of said vehicle. Should you wish to chase payment again and take this matter further please contact my solicitor (address provided) with copies of all documents signed by myself approving the removal of.......etc etc.
Pretty sure someone could word that better.
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Last Edit: Jan 11, 2013 14:22:42 GMT by Marshall
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)
Since you are essentially dealing with a private company, it's up to them to prove you owe the money, the fact the Chief Constable 'requested' them to act counts for very little, ask to see the 'request' it probably doesn't exist. 
