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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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My car got impounded on the 27th September 2016 as I wasn't

Resolved Question:

My car got impounded on the 27th September 2016 as I wasn't insured. However, there was a mix up with the insurance as I have a black box in my car and the insurer wanted to cancel my insurance if an engineer didn’t come out and service it. I had 7 days notice from the 8th to the 15th. I arranged a day for them so service it (23rd September 2016) and they confirmed insurance will not be cancelled. On the 15th it was however cancelled so I phoned my insurance company and when questioned why, they said due to not arranging a day for an engineer. They did then phone the blackbox company and confirmer a day was arranged so my insurance shouldn’t be cancelled.
My insurance finished on the 28th September and I got pulled over on the 27th regarding having no insurance (when I believed it was sorted out).
Now I have to get my car out of impound which is costing me £670 including 30days insurance and I’m not prepared to pay that as there was a miss understanding between the 2 companies. My insurance company is happy to say there was a misunderstanding between the 3 parties for me not to get 6 points and they have given me a 1 years no claims.
I’m not really sure what to do now as I believe I can get a recovery truck to get my car out and only pay the £150 fine but I’m not sure what the rules and law is regarding this matter.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

what are you hoping the out come of this will be

Customer: replied 10 months ago.
I'm hoping I can reclaim my car back with only paying the £150 release and then claim back from the insurer (police made me aware I can do that on the day my car got impounded as it wasn't my fault) and not receive the 6 points on my licence. I'm not sure exactly what the law is regarding getting my car out using a recovery truck
Customer: replied 10 months ago.
If I get insured on the car as normal, and ask someone who is fully comp on all vehicles to drive the car back, would that be possible?
Or if I register my car as SORN would a recovery truck be able to get my car out and drive it back to my drive/garage with only paying the £150 release fine
Expert:  Jo C. replied 10 months ago.

Did they inform you before the 27th that you were not insured?

Customer: replied 10 months ago.
I received an email on the 15th, I phoned them on the same day and said they'll have a look into this and then they said it's all fine I will be insured but I never received a confirmation and unfortunately did not chase them up on it.
Expert:  Jo C. replied 10 months ago.

You will need to pay the impound fees and have insurance to drive the vehicle away from the pound.

However, you could try to recover from your insurance company. The reality is that it might be a struggle as their negligence is only established if the verbal conversation that you had with them can be established. Verbal conversations are always difficult to prove.

Expert:  Jo C. replied 10 months ago.

There may be a recording though. They do record conversations sometimes.

Also, it might well be that they settle to avoid the manpower hours of having to go to court.

You can also complain to the Ombudsman.

Expert:  Jo C. replied 10 months ago.

The ombudsman is a slow process.

The small claims court is much faster.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
If I'm successful with recovering the phone conversation, how can I get in touch with the small claims court/ombudsman
Expert:  Jo C. replied 10 months ago.

www.moneyclaim.gov.uk

Expert:  Jo C. replied 10 months ago.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

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