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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice.
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HI my customers car was taken off him for no insurance, they

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HI my customers car was taken off him for no insurance, they police said it had incorrect dob and only 2 of the 3 names were used. I called up the insurance company myself and they confirmed correct age. will i be able to retrieve the vehicle free off charge as it is police error, or will i still have to pay recovery costs

Thank you for your question and welcome to Just Answer. I will try to help with this.

Was he driving in accordance with the insurance policy? So he was one of the 2 entitled to drive?
Customer: replied 3 years ago.

yes he was covered for the week on a complimentary cover, which covers the driver on a comprehensive cover. the car was seized at 01:35am, 95% of insurance customer services are closed so perplexed on how they will be able to gather information, unless via MIB

They would have done a trace with the DVLA which is liked to MIB records.

Unless the impounding centre is willing to adopt a pragmatic approach, which is not likely, they will have to pay for release but they can make an application for recovery to the chief constable via the forces solicitors.

For the purposes of PACE they only have to show that the police acted upon reasonable suspicion. If the records gave rise to reasonable suspicion they have not acted unlawfully. Its just been found to be unmerited upon investigation.

However, the chief constable will often offer compensation in cases such as this where lawful actions by the police put innocent people to cost so it would be worth pursuing.

Hope this helps.
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