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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi One of my bikes was stolen a few weeks ago, which I hadnt

Customer Question

Hi

One of my bikes was stolen a few weeks ago, which I hadn't insured against theft as the extra insurance cost was almost as much as the bike.



It got stolen, I was obviously annoyed but it happened and that was that. I found amongst a load of forgotten junk mail a missed signed delivery notice, which seemed odd as I hadn't bought anything on ebay for a while... After the xmas holidays I went to the post office and it turned out to be notification that my motorbike had been recovered and was ready to collect - I was made up.



I phoned the recovery firm who informed me it's totally destroyed, just a charred wreck of a frame, obviously not worth spending any money on. They also told me however that regardless of this I have to pay them the £150 recovery fee, +£10 / day storage costs since December 10th, so at present this stands at £350 which I HAVE TO PAY, in exchange for a lump of metal. Apparently I can't just opt out and loose the worthless bit of metal they have of mine.



It doesn't seem right to me that I wasn't offered the chance to remove the 'bike' myself, after all I have a van and it wouldn't have cost me that much to do. I've been the victim of a crime yet I'm being made to pay a penalty for it, I did not at any point instruct anyone to carry out work for me, a price was not agreed in advance, no option of other contractors was offered. And more to the point after having had to buy a van I simply don't have that much cash spare right now.



What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What action are you hoping to take over this please?
Customer: replied 2 years ago.

Hi,


Thanks for getting back to me. I have no idea what action to take over it but I doubt I can afford to pay the fees they are asking for at the moment and I know the fees will increase daily. I would like to confirm though if I am legally obliged to pay for a service which I did not instruct anyone to carry out on my behalf and was not consulted about first. I appreciate that if the bike had been discarded on a busy road it would need to be removed asap and therefore warrant the use of an expensive contractor, but I'm told it was dumped and burnt on some wasteland. How come I wasn't offered a chance to collect it myself?


Any advice will be much appreciated.

Expert:  Jo C. replied 2 years ago.

Thanks.

I am sorry but its bad news.

The police have a statutory power to do this and you are liable to pay this fee.
 
You will see below the current policy from one Constabulary upon the matter

http://www.warwickshire.police.uk/howcani/WPAFolder.2011-05-09.5003/StolenVRProcedure.pdf/StolenVRProcedure.pdf
 
I am sorry if that is bad news for you.
 
Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Ok thankyou for confirming anyway. As long as what they are doing is legal I'll find a way to pay, I thought I best just check first though.


 


It's bad news but I appreciate having an expert confirm this for me.


 


Best regards,


 


Jamie Barton

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Sorry it cannot be more positive.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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