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PostPosted: Tue Feb 06, 2007 00:01 
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Zamzara wrote:
My God. Why on earth would they even consider charging him the fee once it became clear it was a mistake? They should have paid him compensation.

We need serious answers here fast.

Fully agree with you Zamzara.

And a great PR Paul.

Very sad, this is just so wrong. The powers that be have just scored an enormous own goal :(


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PostPosted: Tue Feb 06, 2007 00:10 
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supertramp wrote:
Very sad, this is just so wrong. The powers that be have just scored an enormous own goal :(


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Unless there is political capital to be made the press will not bother. They have papers to sell and advertisers to please. The free press isn't free, they are owned and paid by big-biz. The electorate are easily manipulated and just as easily fooled, democracy is wallet shaped.


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PostPosted: Tue Feb 06, 2007 01:10 
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wont it cost the authorities lots in taxi fares loss of wages payments, stress compo etc though?, after all they were a victim werent they?

milk it for all they can get, i would

at least loss of job, house etc thats just for starters


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PostPosted: Tue Feb 06, 2007 01:58 
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What if the car WAS on the database, but the officer simply keyed in the wrong reg. number by one character and failed to notice his mistake?

Is there a failsafe? It sounds like it needs some poke yoke treatment! :shock:

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PostPosted: Tue Feb 06, 2007 03:51 
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Ernest Marsh wrote:
What if the car WAS on the database, but the officer simply keyed in the wrong reg
and what if they were using anpr cameras......?
It's now well known that the insurance database is not reliable - for some policies it cannot be - so this is another situation of "guilty until proven innocent"......and out of pocket (big time in this case!) while the innocent party has to correct another's mistake


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PostPosted: Tue Feb 06, 2007 07:57 
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we might of missed the headline hook
"car-less, big brother ANPR spy cam gets it wrong"
Quote:
MIRROR
CAR CRUSH COPS FURY
A CAR was crushed by police who wrongly claimed it was uninsured.

Officers towed away Steven Booth's Peugeot 205, saying number plate recognition technology showed it should not have been on the road.

Steven, 36, produced his AA insurance the same day. But officers said he would have to pay £105 to get his car back.


The delivery driver, from Bolton, refused. Two weeks later, his £450 K-reg car was crushed.


Furious Steven said: "I did nothing wrong." The AA confirmed: "Mr Booth was fully insured." Police are investigating.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Feb 06, 2007 11:55 
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MEN
Quote:
Insured driver's fury as police crush car
Paul Britton
A MOTORIST is considering legal action after his car was crushed by police who wrongly accused him of driving it without insurance.

Fruit and vegetable delivery driver Steven Booth, 36, from Farnworth, was stopped by a patrol car as he drove to work in Bolton.

The father-of-four said police told him they could not find his details on a national database, although his insurers had renewed the policy four days earlier.

The car, a K-registered Peugeot 205, was towed away to a garage and impounded.

Mr Booth's wife Rachael, the policyholder, took the AA insurance certificate to a police station the following morning, but the couple were presented with a recovery charge of £105 and refused to pay. The bill rose by £12 for every subsequent day - and the car was crushed 14 days later.

Today the AA, who confirmed Mr Booth was fully insured, called on police to take a `balanced approach'.

Police bosses, however, are understood to be angry at delays in updating the database.

They are investigating whether the seizure was lawful, but said a notice of disposal was signed at the garage by the Booths.

Seized

Mr Booth, who has complained to the Independent Police Complaints Committee, said: "I said I would produce my documents and they said they did not do that anymore, they seized uninsured cars.

"Everything was legal but they wanted £105. It was just after Christmas and I couldn't afford it. I borrowed the money, but when I went back the garage was closed. I went back there and was told it had risen to £117.

"The police should not have taken the vehicle off me so why should I pay? I did nothing wrong and everything was legal.

"My 10-year-old son has autism and we have had to get buses to the hospital."

Insurance bosses and police have launched separate investigations into the incident.

The AA, which acted as insurance brokers, confirmed the insurance was renewed on January 4.

The AA's Ian Crowder said: "Mr Booth did not do anything wrong. We believe this is not the first time it has happened and we are making representations to the police to try and make sure they take a balanced approach."

A police statement said: "It is the responsibility of insurance companies, not police forces, to ensure that insurance policy details are updated on the national motor insurance database. When deciding if a car should be towed for insurance or licence violations, officers must show `reasonable belief' that an offence has taken place.

"Due to inaccuracies on the motor insurance database officers should not only rely on details held there to constitute `reasonable belief'.

"Inquiries into the exact circumstances are ongoing, but at this stage it appears unlikely that the car was towed unlawfully.

"The insurance policy holder for the car in question signed an official document at the recovery centre on 8 January, authorising the company to dispose of the vehicle.

"Despite providing a service where recovery fees can be reimbursed under certain circumstances, GMP has not received any request for reimbursement following the seizure of this car."

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Feb 06, 2007 12:13 
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malcolmw wrote:
Can you refuse the reasonable instructions of a police officer?


I'm sorry, since when was convicting someone of an offence and removing property without adequate proof or the chance to defend one's self REASONABLE?

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PostPosted: Tue Feb 06, 2007 12:25 
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Quote:
"Despite providing a service where recovery fees can be reimbursed under certain circumstances, GMP has not received any request for reimbursement following the seizure of this car."

I suspect that means you have to fork out the recovery fees and then lodge a request for reimbursement (which may or may not be approved). In any case, you're left holding the can and out of pocket until the at fault party (i.e. the police) agrees with your point of view (which they might well not).
Quote:
"Everything was legal but they wanted £105. It was just after Christmas and I couldn't afford it. I borrowed the money, but when I went back the garage was closed. I went back there and was told it had risen to £117.

To me, this doesn't look like someone who can afford to temporarily take the financial hit and wait at the guilty party's convenience.

This law needs to be changed to restore the "innocent until proven guilty" ethos, or at least to provide repatriation free of charge, automatic compensation for deprivation of use, and compensation for demonstrable consequential losses where the police cannot prove their case.

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PostPosted: Tue Feb 06, 2007 12:50 
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Sixy_the_red wrote:
malcolmw wrote:
Can you refuse the reasonable instructions of a police officer?


I'm sorry, since when was convicting someone of an offence and removing property without adequate proof or the chance to defend one's self REASONABLE?

I think you need to replace "reasonable" with "lawful" in the context of this conversation.

While you can refuse the instructions of a police officer, you may not refuse the lawful instructions of that officer. The issue now comes down to what is lawful. The way the present Government have meddled with the law means that even the police sometimes don't know!

IANAL, but here goes:
152 Power to seize etc. vehicles driven without licence or insurance

After section 165 of the Road Traffic Act 1988 (c. 52) insert-

165A Power to seize vehicles driven without licence or insurance
  1. Subsection (5) applies if any of the following conditions is satisfied.
  2. The first condition is that-
    1. a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination,
    2. the person fails to produce them, and
    3. the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1).
  3. The second condition is that-
    1. a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,
    2. the person fails to produce such evidence, and
    3. the constable has reasonable grounds for believing that the vehicle is or was being so driven.
  4. The third condition is that-
    1. a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle,
    2. the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and
    3. the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143.

So, if you produce your driving licence and insurance certificate 2b and 3b means the police cannot lawfully seize your vehicle under this legislation - even if their database disagrees with the documentation you produce. Thus any such seizure could well be malfeasance or even theft on the part of the officer making the seizure. At the very least, I suspect that you'd have the right to refuse to hand over the vehicle (but not to drive away).

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PostPosted: Tue Feb 06, 2007 12:55 
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So the upshot of this is that if you live in Manchester, there's a period of around 7 days a year where you can't drive your car even though it's insured-and you're screwed if you're on a trade policy.

If I ever get stopped in Manchester I'm not even going to get out of the vehicle. The police can talk to me through a 10mm gap at the top of the window until I'm satisfied they aren't going to pull a stunt like that.

The orificer in question should be wrung out to dry over this.

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PostPosted: Tue Feb 06, 2007 13:04 
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I don’t like GMP. They brought us the "operation cheaters"
Now they are presuming we are guilty until proven innocent and are acting as a "dark force" amongst us. Treating its citizens like ants. People like cars can be crushed.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Feb 06, 2007 13:11 
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This is utterly contemptable!

'They' said this couldn't happen 'They' said if you are innocent you have nothing to fear!

I'm sitting at my desk in a furious state! This is the last straw.

The 'Establishment' deserve nothing but our contempt.

!!!!!!


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PostPosted: Tue Feb 06, 2007 13:26 
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post your contempt on the MEN "your comments" after the story...

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Feb 06, 2007 22:25 
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FWIW
In France, ALL existing insurance policies are automatically renewed, ONE MONTH before the old one expires.
If you intend to change your insurer, you MUST notify them before one month renewal date is reached, otherwise you are stuck with them for another 12 months.
Of course, the insurance document takes the form of a sticker affixed to the vehicle, which can be read at ANY time. Fail to display one, and no doubt some neighbour will turn you in. :roll:
Not sure if you feel this would help in these cases.

Trade insurance users would be wise to carry some ID and details with them! 8-)

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PostPosted: Tue Feb 06, 2007 23:07 
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Have we got anyway of checking our own information is up to date on this database? Because even though Section 152 seems to suggest if we have the right to refuse to allow our cars to be seized if we have the correct paperwork - I always carry the lot - if computer says no I can see a scenario where the van gets called and the charges get more serious if you tell them they can't.

I don't envy the cops - you only need to watch any of the fly on the wall TV programmes to see what they're up against. people do get documents and cancel policies, forge them. lie through there teeth etc etc.
Given the staggering estimates on uninsured cars the basic idea for these plate readers is a good one but its clear that there needs to be a much better system if there's a foul up. Simply making the innocent pay and have to ask for it back simple isn't good enough. If I was put in this position I think I'd have ended up on more serious charges, one way or another.

Barkstar - who lives in GMP Land :x

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PostPosted: Wed Feb 07, 2007 00:39 
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at the very least this chap should be given a brand new car all paid for for 1 year as compensation and as a gesture of good will dont you think so too?


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PostPosted: Wed Feb 07, 2007 01:13 
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Strikes me as yet another problem that would simply evaporate if we were to make third party motor insurance part of the road fund licence and think of a better method of restricting the type of vehicles young people can drive (which seems to be about the only dubiously positive aspect of the current system).

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PostPosted: Wed Feb 07, 2007 09:41 
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j.prescott wrote:
at the very least this chap should be given a brand new car all paid for for 1 year as compensation and as a gesture of good will dont you think so too?


Considering the Police appear to pay out for 'hurt' feelings, I'm sure this chap deserves some compensation, definately.


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PostPosted: Wed Feb 07, 2007 09:45 
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I am another one who couldn't renew bike tax on line as the system couldn't verify that it was insured. So obviously it's not on the database, but it is all insured (I paid it all in one go) - I make sure I carry my documents but if they don't believe the paper what are you to do?

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