tag:blogger.com,1999:blog-6110794854146484721.post8589165063551523647..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Police Powers No. 1ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-81368431755052384032010-02-20T22:29:01.695+00:002010-02-20T22:29:01.695+00:00Rex_imperator, thanks for the post. Consider a ca...Rex_imperator, thanks for the post. Consider a case where a person was insured but the database said it was not. Any recompense would have to be claimed from the insurer for failing to get the details of the insurance on to the database. See <a href="http://www.xchange.co.uk/vodot/" rel="nofollow">here.</a><br /><br />I would imagine that there is a considerable degree of hassle involved apart from the sense of injustice. I would also think that the process would not be quick.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-33690084174605207282010-02-20T11:16:36.628+00:002010-02-20T11:16:36.628+00:00As an 'umble JP I see this an its aftermath re...As an 'umble JP I see this an its aftermath regularly. The motorist has to pay a £105 towing charge (standard agreed by ACPO and imposed by almost all English and Welsh forces) plus £12 per day storage. In order to recover the vehicle the person collecting has to show valid insurance which covers the vehicle from the time of the removal from storage. If it does not cover the time of the offense, then of course the sanctions kick in. Often storage is at a contracted garage where, in my experience, the satff wouldn't know the differnece between an insurance certificate and a slice of green cheese (not all are like this though!). However, the whole system is flawed on three counts:<br />1. The PNC data may be wrong, so there is then a victim of the system who has done nothing wrong. Typical sscenario where a vehicle purchaser is insured but the vendor was not. Also applies to brand new vehicles (but one would think there was insurance to get the intitial road fund licence, but many garages short cut this process by using their own trade insurances (which they are not meant to do). Takes about 15 days to get the details of new policies on the system, so if the purchaser is seen in that time, they have a potential problem. If the purchaser has the insurance certificate with them, this is only helpful if it is during office hours as the police will check with the company issuing the policy.<br />2. The conditional fixed penalty given to the motorist at the time for £200 and six points is unpaid in more than 50 percent of cases.<br />3. When collecting from the pound, anyone can come and collect with a policy covering "all vehicles not the property of or hired to....". So my mate approaches me and asks me to collect, giving me a tenner for my trouble. Much cheaper than taking out even a short term policy.<br /><br />I would hope that where the police get it wrong, ie the motorist was insured, that recompense is swift. But why do I doubt this?rex_imperatornoreply@blogger.com