Nottinghamshire Police Stolen Vehicle Recovery guidance
Nottinghamshire Police follow the ‘Best Practise Guidelines’ issued by the Association
of Chief Police Officers (ACPO) in that
ALL stolen vehicles will be recovered by a
police duty garage.
The vehicle will be recovered
a) prevent further loss or damage
to
b) prevent the vehicle being involved in further
(more serious) incidents or road traffic collisions
c) allow the prompt investigation of crime
The following questions are answered in the document
1. What if I don’t want my vehicle recovering?
2. What will happen at the duty garage?
3. My vehicle was found burnt out, why was it recovered to the duty garage?
4. How much will it cost me?
5. I am the victim, why should I have to pay?
6. I have a large excess on my insurance
7. Do all vehicles get examined by crime scene investigators?
8. How will I know when my vehicle is released for collection?
1. What if I don’t want my vehicle recovering?
The definition of the role and responsibilities of a ‘Constable’ includes ‘
the
protection of life and property’ as well as ‘
the prevention and detection of
crime’. Looking at those responsibilities and applying them to the policy relating to
the recovery of stolen vehicles consideration has been given not only to the wishes
of the owner of the vehicle but the needs and expectations of the wider community.
If a stolen vehicle were to be left unattended at the side of the road (having been
found by the police) in order that the owner can arrange collection, it is clearly at
risk of being re-stolen. There is also the possibility that it could sustain (further)
damage whilst the owner tries to arrange recovery. Insurance companies do state in
the wording of their policies that the policyholder is expected to take all precautions
to reduce any loss or damage and may reject claims relating to damage sustained or
further theft of the vehicle if it could have been recovered at the time the police had
found the vehicle.
If the stolen vehicle were to be found by the police whilst the thief is out committing
further offences and again left unattended for the owner to make arrangements for
recovery then it is still available for the thief to ‘use’ to continue committing further
offences. The thief could also be observing the police presence and, on seeing the
police drive away, try and cover his tracks and destroy forensic evidence by way of
setting fire to the vehicle.
Finally the stolen vehicle could be re-stolen whilst awaiting the owner to make
arrangements for recovery and then be involved in a potentially serious injury or
fatal road traffic collision due to the manner in which the vehicle was being driven.
The presence of most stolen vehicles are bought to the attention of the police in the
first instance by well meaning members of the public who ring in to report the
manner in which the vehicle was being driven.
Once the stolen vehicle has been found by the police then it is reduced into our
possession and becomes our responsibility, hence the use of police duty garages.
Sadly police officers are a finite resource and they cannot remain with a stolen
vehicle whilst contact is made with the owner and then time allowed for the owner to
make arrangement for the vehicle to be recovered. The police duty garages are on
call 24 hours a day, 7 days a week, 365 days of the year and have strict response
times they have to meet regardless of the time of the call so that officers can resume
their patrol duties on arrival of the duty garage.
As a Police Force we have a duty of care, not only to the owner of the stolen vehicle
but to the wider community, as well the interests of insurance companies and other
agencies to take into consideration hence the policy that all stolen vehicles will be
recovered when found.
2. What will happen at the duty garage?
When a stolen vehicle is recovered the Force Control Room or Crime Desk will advise
you as soon as is practicable (and sociable) that your vehicle has been found. You
will also be advised as to which garage the vehicle has been recovered to and be
supplied with a contact number for the garage. You are advised to make contact with
the garage as they will be in the best position to advise you as to the condition of
your vehicle. The garage will endeavour to answer any questions you may have
regarding any contents within the vehicle but their response may be limited to a
visual check of the vehicle without compromising any forensic evidence. The garage
will also ask you for contact telephone numbers so that they can contact you once
your vehicle has been released form the police investigation or should any
unforeseen circumstances arise. It is then always advisable to inform your insurance
company that the vehicle has been recovered as it allows them to progress any claim
quicker and make arrangements to collect or repair your car once released by the
duty garage.
All the duty garages have to meet minimum specifications with regards to the level
of training their staff receive, the standard of their recovery vehicles and their
premises, for example all the duty garages have police approved forensic bays. Your
vehicle will be placed in a forensic bay for examination by crime scene investigators
(CSI). Dependant on the prevailing weather conditions at the time of recovery your
vehicle may not be examined on the first day at the garage as ‘best’ evidence is
gathered by allowing vehicles to dry out and warm up under slow controlled
conditions.
If your vehicle is locked when recovered then you may be asked to provide a spare
key in order that the CSI can access your vehicle. If your vehicle was stolen with the
keys and you do not have a spare set you will probably be asked for your insurance
details so that contact can be made with them in order that they can authorise a
locksmith to gain entry to the vehicle.
Once your vehicle has been examined and it is no longer required for any further
police enquiries then the garage will be updated and they will make contact with you.
The garage will be in the best position to advise you of the charges incurred.
3. My vehicle was found burnt out, why was it recovered to the duty garage?
As you will appreciate Health and Safety has impacted on all our lives and the Police
Service is not exempt. All the duty garages have facilities that will allow Police
Vehicle Examiners to examine vehicles in a safe and controlled environment. To be
able to verify the identity of a vehicle they may need to get inside or under the
vehicle in order to locate the Vehicle Identity Number stamped into various parts of
the vehicle chassis and it is this examination that will establish the true identity of
the burnt out vehicle in order that DVLA and insurance records can be updated.
4. How much will it cost me?
The recovery charges are set by Government and not by the Police or the duty
garages and are determined by a pricing matrix that is dependent on the type of
vehicle as well as the location it was found and the condition of the vehicle. This
pricing matrix was devised after an 18 month consultation period with all interested
bodies including motoring organisations, insurance companies etc and there are no
hidden extra charges. The full pricing matrix can be found detailed in
The Removal,
Storage and Disposal of Vehicles (Prescribed Sums and Charges)
Regulations 2008. Within the Nottinghamshire Police Vehicle Recovery Scheme whilst ever the vehicle is
retained at a duty garage for the purposes of a police investigation then there are no
storage charges. This does differ from force to force and the ‘finding’ police force
may have a different policy regarding storage charges.
Once your vehicle has been ‘released’ from the police investigation then the next 24
hours of storage is free and after that it will incur storage charges for each 24 hour
period as per the pricing matrix. The duty garage will make best efforts to contact
you as soon as the vehicle is released so if you have made contact with the garage
early in the process then they will hopefully have contact numbers you have
provided.
Unless you have a basic third party insurance policy, claims can be made on the theft
element of your policy, the amount the insurance company contribute towards the
costs being determined by any voluntary excess.
5. I am the victim, why should I have to pay?
It is appreciated that having your vehicle stolen can be a traumatic experience
especially if there are aggravating circumstances surrounding the theft such as a
burglary at your home address.
Nottinghamshire Police recovers approximately 2000 stolen vehicles a year and
clearly any policy regarding who pays for the recovery charges has to be applied
consistently to all these vehicles. If Nottinghamshire Police were to pay for each and
every stolen vehicle then this would create a significant impact on policing budgets.
With the exception of the very basic insurance policies any theft claims will be
covered by your insurance policy should you wish to make a claim.
A stolen vehicle is removed by a police duty garage at the direction of a police officer
using powers given under the Road Traffic Regulations Act 1984 (Sec 99-104) and
Regulation 3 and 4 The Removal and Disposal of Vehicles Regulations 1986. The
charges for removal of vehicles under these regulations are set out in the Removal,
Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008.
These fees do not attract VAT and are the responsibility of the owner of the vehicle.
The Judicial Review in R v The Greater Manchester Police Authority, The Chief
Constable of Greater Manchester Police and others (ex parte Century Motors
Farnsworth Ltd) (Court of Appeal April 1998) makes it clear that these fees are a
debt to the Chief Constable and must be paid into police funds. Additionally the Chief
Constable is granted a ‘lien’ over the vehicle to cause it to be retained until fees are
paid. The authorised removal operator acting on the direction of the force may
collect fees on behalf of the Chief Constable and retain the vehicle under police
instructions.
Further the policy complies with the instructions of the Court of Appeal in the case of
Motor Policies at Lloyds v City Recovery (1997) which resulted in the costs for the
removal of stolen vehicles abandoned, albeit by the thief, to fall on the owner of the
vehicle in accordance with the Regulations. The relevant law is Section 99 –104 the
Road Traffic Regulations Act 1984 and the Removal, Storage and Disposal of Vehicles
Regulations 1986
6. I have a large excess on my insurance
Insurance companies price their policies based on perceived risk basis and how much
they may be liable for in the event of a claim. As a general rule the excess they
impose on young or inexperienced drivers relates to road traffic collisions and not to
the theft element of the policy.
When you took out your policy you may have chosen to take a voluntary excess
ranging between a few pounds to several hundred pounds. Having chosen to take a
voluntary excess this reduces the liability of the insurance company and is reflected
in them offering you a cheaper premium. As it will say on your insurance schedule it
a voluntary excess that you have chosen to meet in return for a reduced premium
and insurance company will only pay out their portion of the costs and not the
voluntary excess.
7. Do all vehicles get examined by crime scene investigators (CSI)?
As a general rule yes, however where offenders are arrested in the vehicle and there
is no other more serious crimes connected with the vehicle then they may decline to
examine the vehicle but each case is judged on its own merits.
CSI generally do not examine vehicles that have been burnt out but may do so if
linked with a more serious crime.
8. How will I know when my vehicle is released for collection?
The duty garage will make best efforts to contact you as soon as the vehicle is
released so if you have made contact with the garage early in the process then they
will hopefully have contact numbers you have provided. If the garage has no
telephone contact details available to them then they will write to the last known
keeper of the vehicle but the storage charges will still continue to rise. If you wish
they will release to your insurance company who will arrange collection of your
vehicle
