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| bigjim1974 |
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 bigjim1974 Derestricted Danger
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| wr6133 |
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 wr6133 World Chat Champion
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 18:40 - 04 Jun 2015 Post subject: |
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Big ups to the Met Massive.  ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| anthony_r6 |
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 anthony_r6 World Chat Champion

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| j.silvs |
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 j.silvs World Chat Champion
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| Keir |
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 Keir World Chat Champion
Joined: 11 Apr 2006 Karma :   
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 Posted: 09:55 - 10 Jun 2015 Post subject: |
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out of curiosity what area was it found in? ____________________ Current : '08 Yamaha FZ1s
Previous: '99 Honda CBR 600FX, 03 ZX636 B1H, 99 Fazer 600 (red), 02 GSX-R 600 K2, 00 SV650s (red), 2008 ZX10R, 97 Bandit 1200N, 04 ZX6RR K1H, 04 GSX-R 1000, 98 Fazer 600 (gold), 05 Madness 110 Pit bike, 04 CR125R, 00 SV650s (black), 06 KTM 625 SMC, 99 SRAD 600 track bike, 03 SV650, 98 Bandit 1200N, Bandit 600SY, 03 GSX-R 600 K3, 01 GSX-R 600, 01 Fazer 600 (black), VFR 400 NC30 x3, 78 Honda Dream, 00 Speedfight 50 |
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| j.silvs |
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 j.silvs World Chat Champion
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| j.silvs |
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 j.silvs World Chat Champion
Joined: 01 Dec 2012 Karma :   
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 Posted: 13:21 - 17 Jun 2015 Post subject: |
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I have now been given this reply after they made me pay for the charges:
| Quote: | The current charges were introduced on 1st October 2008, in and an amendment to The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005.
These are the charges that will be applied in your case.
I would like to confirm that the MPS as well as most other police services run compulsory recovery scheme of all the stolen vehicles.
All LOS vehicles are removed under statutory powers as abandoned vehicles
The owner is responsible for the statutory removal and storage charges
This policy was upheld by the Court of Appeal in Lloyds vs City Recovery
Vehicles are NOT removed for forensic examination, but the opportunity to examine the vehicle will be taken, unless the vehicle has been collected in the meantime byt the owner or the insurer.
The following information is available on the MPS website:
You have reported your vehicle to the Metropolitan Police as being lost or stolen.
If your vehicle is found by the Metropolitan Police it will be recovered to a place of safety.
The statutory removal and storage charges must be paid before the vehicle can be reclaimed.
IF YOUR VEHICLE IS FOUND
If you are notified that your vehicle has been found by the Metropolitan Police you should inform your insurance company immediately, if you have made an insurance claim.
Your insurance company may arrange to collect the vehicle on your behalf and pay the charges.
If you collect the vehicle yourself, you will be responsible for payment of the charges.
It is strongly recommended that the vehicle is recovered to garage to be checked for damage and safety before it is driven on the road.
For further information and details of the charges, see the Metropolitan Police web site:
https://content.met.police.uk/Site/vehiclerecovery
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Any advice Roger? |
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| P.addy |
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 P.addy Red Rocket
Joined: 14 Feb 2008 Karma :  
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| Keir |
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 Keir World Chat Champion
Joined: 11 Apr 2006 Karma :   
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 Posted: 13:33 - 17 Jun 2015 Post subject: |
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sounds like that's been tested and failed in the Court of Appeal in Lloyds vs City Recovery ____________________ Current : '08 Yamaha FZ1s
Previous: '99 Honda CBR 600FX, 03 ZX636 B1H, 99 Fazer 600 (red), 02 GSX-R 600 K2, 00 SV650s (red), 2008 ZX10R, 97 Bandit 1200N, 04 ZX6RR K1H, 04 GSX-R 1000, 98 Fazer 600 (gold), 05 Madness 110 Pit bike, 04 CR125R, 00 SV650s (black), 06 KTM 625 SMC, 99 SRAD 600 track bike, 03 SV650, 98 Bandit 1200N, Bandit 600SY, 03 GSX-R 600 K3, 01 GSX-R 600, 01 Fazer 600 (black), VFR 400 NC30 x3, 78 Honda Dream, 00 Speedfight 50 |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 14:01 - 17 Jun 2015 Post subject: |
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| Keir wrote: | sounds like that's been tested and failed in the Court of Appeal in Lloyds vs City Recovery |
FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU
https://www.bailii.org/ew/cases/EWCA/Civ/1997/2073.html
Well, that's us screwed then.
Their Lordships decided that owners indeed aren't responsible for paying the S102 "charges" for recovery and storage. But if we want the vehicle back, we are obliged to pay the S101 "sums" for... wait for it... recovery and storage. Those are entirely different things because mumble bumble jumble SNAKE! SNAKE!
Decrepit old fossils. It's pretty clear on what their decision is based: that recovering abandoned or stolen cars does not "come free" and that it was a business bringing the case: "there is conflict between the interests of innocent victims of car theft or, perhaps more importantly, their insurers". Sod the taxes that pay for, you know, police and council services.
Well, the good news appears to be that if our vehicles are stolen and recovered, we can just tell the 2nd lot of thieves to go ahead and scrap them and can't be billed for it. Huzzah.
Sorry. We lose. Another reason why if your bike is stolen, then you might as well wish your insurer the best of luck with getting their vehicle back.
Right, I'm off to kick a puppy. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| rubyhorse2 |
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 rubyhorse2 Traffic Copper
Joined: 03 Mar 2015 Karma :     
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| AngelGrinder |
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 AngelGrinder World Chat Champion

Joined: 09 Jun 2007 Karma :   
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 Posted: 16:19 - 17 Jun 2015 Post subject: |
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Another big 'fuck you' to every hard working, law abiding, tax paying citizen.
I wonder if you get free 'recovery charges' if you are on job centre allowance, much like free prescriptions and bus travel  ____________________ Currently Riding - 2002 Aprilia RSV1000 Mille |
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| J D |
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 J D World Chat Champion
Joined: 08 Jul 2007 Karma :  
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 Posted: 04:18 - 18 Jun 2015 Post subject: |
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When you sell give me a shout please  ____________________ m0l0t0v wrote: Chris, just so you know, JD is a nutter
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| Dave70 |
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 Dave70 World Chat Champion

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| grr666 |
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 grr666 Super Spammer

Joined: 16 Jun 2014 Karma :   
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 Posted: 06:57 - 18 Jun 2015 Post subject: |
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^^^
Well, all the money they just give away has to come from somewhere. ____________________ Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off.  |
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| grr666 |
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 grr666 Super Spammer

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 10:09 - 18 Jun 2015 Post subject: |
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Link is not especially SFW. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| j.silvs |
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 j.silvs World Chat Champion
Joined: 01 Dec 2012 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 13:28 - 18 Jun 2015 Post subject: |
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To be fair, it's Parliament that's - apparently[*] - said "Stand and deliver,": the Met are just trousering the takings.
[*] Ably assisted by the Court of Appeals Honest to Hannigan, did they not read all the references to S101 in S102? ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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| matto |
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 matto Crazy Courier
Joined: 18 Apr 2012 Karma :  
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 Posted: 01:46 - 19 Jun 2015 Post subject: |
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| Rogerborg wrote: | | Keir wrote: | sounds like that's been tested and failed in the Court of Appeal in Lloyds vs City Recovery |
FUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU
https://www.bailii.org/ew/cases/EWCA/Civ/1997/2073.html
Well, that's us screwed then.
Their Lordships decided that owners indeed aren't responsible for paying the S102 "charges" for recovery and storage. But if we want the vehicle back, we are obliged to pay the S101 "sums" for... wait for it... recovery and storage. Those are entirely different things because mumble bumble jumble SNAKE! SNAKE!
Decrepit old fossils. It's pretty clear on what their decision is based: that recovering abandoned or stolen cars does not "come free" and that it was a business bringing the case: "there is conflict between the interests of innocent victims of car theft or, perhaps more importantly, their insurers". Sod the taxes that pay for, you know, police and council services.
Well, the good news appears to be that if our vehicles are stolen and recovered, we can just tell the 2nd lot of thieves to go ahead and scrap them and can't be billed for it. Huzzah.
Sorry. We lose. Another reason why if your bike is stolen, then you might as well wish your insurer the best of luck with getting their vehicle back.
Right, I'm off to kick a puppy. |
But most of section 101 which that judgement was based on was repealed by the 2004 Traffic Management Act and section 101 now refers to the 'charges' just like section 102, not the 'sums' mentioned previously. The only mention of 'sums' is in relation to vehicles parked in a civil enforcement area.
Also from section 101A (4)
"In any other case the relevant charges are such sums in respect of the removal and storage of the vehicle as may be prescribed."
As this part was added in 2006 I reckon Mr Judge's 18 year old judgement is clearly no longer relevant, am I right?  |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| matto |
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 matto Crazy Courier
Joined: 18 Apr 2012 Karma :  
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| Snod Blatter |
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 Snod Blatter Crazy Courier

Joined: 21 Nov 2014 Karma :  
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 Posted: 10:51 - 19 Jun 2015 Post subject: |
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Just seen this, interesting that the Met actually have something to back up their charges. I am still waiting on an FOI request from Leicestershire Police about exactly these charges, I should get a reply in a few days when their full month to respond is over.
Keep chasing  ____________________ 1994 CB250, 1984 CBX250RS-E, 1989 K100RS, 1995 TRX850, 2016 Z250SL |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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Old Thread Alert!
The last post was made 11 years, 82 days ago. Instead of replying here, would creating a new thread be more useful? |
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