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-   -   Bike impound help. (http://forums.sv650.org/showthread.php?t=133748)

Neeja 13-06-09 11:44 AM

Bike impound help.
 
Not for me, the SV's fine.

One of my housemates had his bike impounded last month. It was a complicated set of circumstances that goes like this:

1) On the day he passed his test, he went past a speed-camera at 36 in a 30. He was given 3 points for this, according to the NIP.
2) In February his direct-debit failed for his insurance payment. The insurance company cancelled his policy, and to inform him sent a letter to an incorrect address, and tried to phone him once, while he was in work, from a withheld number, without leaving a voicemail.
3) In April he was about 30 feet from home when a police car ANPR'd him, came back with an uninsured bike and pulled him.

At this point, he was told that he'd never passed his bike test. He contested this as he was holding a pink-license and had his pass certificate at his house, which was close by. They then called Swansea, who said that his license had actually been revoked (though we have no idea when), so he'd been riding without a license. They then tried to contact his insurance company who were closed, so couldn't confirm anything. On this basis, they impounded his bike.

The next day he spoke to his insurance company who told him about his DD failing, and said they'd done all they legally had to to inform him of cancellation of policy, even though they'd sent the letter to the wrong address. They claimed he'd never changed his address with them when he'd moved in with us, despite the fact that he put a claim in in November and changed all the details then, and had letters sent to him at our home address.

This morning the impound yard have said that they won't hold the bike any longer. During the last 6 weeks, he's been desperately trying to get it released. Speaking to the police, they said they'd ONLY release the bike to him once he's got his V5 and a valid certificate of insurance for the bike. He's tried speaking to every insurance company on the planet, and they've all said that they won't insure him because his bike's impounded. He's tried to explain this to the police, but they're sticking to their guns.

He's gutted, because now his 08 ER6F is going to be either auctioned or crushed, and he literally can't do anything about it...unless you guys can come up with something.

So...any suggestions?

lazymanc 13-06-09 11:51 AM

Re: Bike impound help!
 
Wow, that really does suck.

Why was his licence revoked for only 3 points?

fizzwheel 13-06-09 12:00 PM

Re: Bike impound help!
 
This is probably a bit naughty, but why did he tell the insurance companies his bike was impounded when he was getting quotes, if he tried again and just didnt volunteer up this information would he get it insured then ?

Also again probably a bit dodgy, but what if he sold the bike to somebody else and got it re-registered to the new keeper, then the new keeper insured it and goes and collects it from the pound ?

As said above why have the DVLA revoked his license ?

SoulKiss 13-06-09 12:06 PM

Re: Bike impound help!
 
Hehas a pass certificate - therfore a license - 3 points wont have lost his license.

Hate to say it but he REALLY should have gotten a lawyer/soliciter involved before this.

It should be his 1st priority on Monday.

Red Herring 13-06-09 01:03 PM

Re: Bike impound help!
 
OK, firstly his licence wouldn't have been revoked for just three points on the six in the first two years rule, however they would revoke it if he was convicted of an endorsable traffic offence and he didn't surrender it to have the points put on. Before revoking it DVLA would have written to him at the address they have on record warning him of what will happen if he didn't surrender it. Is the address on his licence the right one, and are the points from his conviction written on it? To get the licence back (provided this is why it was revoked) all he must do is send it to the DVLA for the points to be put on and they will re-instate it.

Re the insurance the insurance company are required to write three times to him if a DD fails, the first to tell him it has happened, the second to say they are going to withdraw cover from a certain date, the third to say they have withdrawn it. Obviously if they have the wrong address then he's not going to get the letters, however if he can show that they did have the right address (and it sounds like he can) he should have some redress, although he could still end up getting summonsed for no insurance. If this does happen advise him to get statements etc from the insurance company and send them to the CPS before the court case. If he can show he had no way of knowing and had done everything he should they might just drop it, but don't count on it.

To get the bike back all he had to do is get someone with a driving licence and insurance that covers them to ride someone else's bike (check the small print, lots of policies now exclude the recovery of uninsured vehicles) and go to the police station, show their documents and pay the fee. That is all explained on the seizure form he was given. If he hasn't done it inside 14 days they can sell/crush the bike, so tell him to get his finger out!

Neeja 13-06-09 01:28 PM

Re: Bike impound help!
 
Hi guys,

Thanks for the replies so far. The basic issue is that he's a numpty, and took far too long doing anything.

He's not spoken to me or our other housemate about it in weeks, so we assumed he was on top of things, but apparently not. I've just text him all the info given and he's just pretty much said, "Oh well". He's an ****.

Thanks for the help anyway!

Red Herring 13-06-09 01:42 PM

Re: Bike impound help!
 
Which yard has got his bike, anyone fancy a cheap ER6.....

Neeja 13-06-09 03:07 PM

Re: Bike impound help!
 
Hehe, I'm actually going to watch police auctions for the next few months to see if it comes up. Cheap bike which I can sell back to him? Bonus :P

hindle8907 13-06-09 06:03 PM

Re: Bike impound help!
 
cant he sign the V5 over to you .. and you ring your insurance and get insured on the bike for a month and go pick it up for him then sign the bike back over to him once you have got it out of the compound ??

Neeja 13-06-09 10:30 PM

Re: Bike impound help!
 
We went down the route of trying to insure either myself or our other housemate on it, and the police wouldn't accept it. They said the insurance had to be in his name. So he tried getting insurance on his name with us as an additional named rider...the insurance companies wouldn't insure him in those circumstances. We wanted my other housemate's dad to pick it up, as he's TPO on any bike...but they wouldn't let us do that, either. Think at this point he's given up (which should tell you what you need to know about his laziness - how many of us would have given up right up until the point that it was physically sold/crushed?)


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