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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I tell you the story before I can ask the question.We employed

Customer Question

I tell you the story before I can ask the question.We employed a driver on a (self employed basis) he was only with us for a few days and provided him with company vehicle and company fuel card. We went away on holiday, and on 27/07/2014 he tried to fill up barrels with our fuel card but he was stopped by the police and he was arrested and the vehicle was impounded. We were informed of this by the police, we asked if we could sent someone to pick up the vehicle we were told only only the director can. When we were back we were called and asked to come down to the station and provide a statement, how we did not want to give a statement as we only lost around £100 and it was not forth the hassle, we told the PC that we just want to get our vehicle back, he said that he will find out and give as a call back where and how to pick up the vehicle that was on the 14th of August. That never happened, we called, I emailed, I went back to the police station, he was either not there or he we just did not get a reply from him. What is interesting he was happy to provide the details where and how to pick the vehicle and we went to see him after we would give him a statement, but when we refused then he kind of said he is busy and he will let us know within a few days. Anyway, I had to call today again, because we still have not heard from him, I spoke to a Sargent but it was not his Sargent, he said that to get the vehicle back it would cost us £750 now, he said that the vehicle was impounded at the time because the driver had no insurance (but the vehicle had company insurance and any driver over*****it) but we now found out that the driver was actually disqualified from driving, and so the Sargent is saying this is why it accounts as if he did not have insurance because he was disqualified from driving, any way he told me to call the PC and his Sargent this afternoon as they will be on duty. My question is, is the Sargent correct in saying that the driver for insurance purposes counts as if he was driving without a valid insurance if he was disqualified? And do we have to pay the £750 to get our vehicle back, even though it is the police fault the vehicle has been there for so long and they have not provided us with the details where and how to pick up the vehicle. Thank you
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 would you like to know about this please?
Customer: replied 2 years ago.

Hi Joe,


 


My question is, is the Sargent correct in saying that the driver for insurance purposes counts as if he was driving without a valid insurance if he was disqualified? And do we have to pay the £750 to get our vehicle back, even though it is the police fault the vehicle has been there for so long and they have not provided us with the details where and how to pick up the vehicle.


 


All the information is in my original question, but if there is anything else you need please let me know.


 


Thank you,


Sam

Expert:  Jo C. replied 2 years ago.
The police are correct that he has no insurance if he is disqualified. He is only insured if he holds a licence.

The vehicle was impounded for having no insurance.

There is a fee for retrieving the vehicle but in this particular case, it has obviously been inflated because of the delay which is not of your making.

However the longer you argue about this, the higher the fee is going to be my suggestion would be to get the vehicle back and then make a formal complaint to the Chief Constable about the delay.

You can always issue Small Claims Court proceedings against the police in respect of the delay or better still simply sue the driver for this cost which is, after all, his fault.

Can I clarify anything for you?

Jo

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