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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3770
Experience:  LL.B (Hons)
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My friends car is in a police recovery companies compound.

Customer Question

my friends car is in a police recovery companies compound. the car is ready to be released but as the insurance company may not be covering the cost the collection of the car is down to her. the car cannot be disposed of yet until it is known if the police are prosecuting my friend for dui. the recovery company are putting so many barriers in place to ensure only they can be used to transport the car to my friends address. a service she can ill afford. however she has asked for a quote but they are dragging their feet on this thus costing her more in storage costs. what can be done
JA: Where are you? It matters because laws vary by location.
Customer: south essex
JA: What steps have you taken so far?
Customer: i asked to go get it with a car trailer but was told i couldnt as i would need certification for my winch and straps for their insurance. i call another licenced recovery company only to be told that the company in question had made all these rules and would not let other companies pick up from their premises. i told them i would pick the car up from the road outside but was told good luck with that as the car wont roll out of the gate. and emailed them with all of their requirements asking for a quote for them to transport it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they said they would quote within 20 mins but that didnt happen
Submitted: 13 days ago.
Category: Law
Expert:  RJM Law replied 13 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 13 days ago.
i look forward to receiving any advise you can give me
Expert:  RJM Law replied 12 days ago.

Thank you sadly they do have too much control.  However, if they are being obstructive and are purposefully causing more costs, you can look at recovring these back. Y Ou can make a compalin to the consumer ombudsman or even consider a small claims action against them, however the reality is that even though these options are open to you, you will still  requrie to pay to have the car released.

Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is here;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.