The Police and lost, lost property!

The Police and lost, lost property!

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Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
I've got a bit of a problem...

A couple of months ago I found a bike that had been hidden in my back garden. Doing the proper thing I called the police to report it and also called the number of a tracking company who had placed a security sticker on it, reporting it to them.

The police said they couldn't come round for a few days and told me to leave it there! I pointed out that might not be the best idea as whoever left it would probably come back to get it later, so I brought it inside.

The next day a PCSO came to collect it. In the meantime I had Googled it and found that this model sells for well over £1,000. I asked the PCSO if no one came to collect it, which I thought would be unlikely could I keep it. He said yes, if no one had claimed it after 90 days I could have it. I signed his notebook and he said he would give me a reference number the next day, but never did.

Fast forward about 6 weeks and I called the property store to see if anyone had collected it and they said no, it was still at the station and they would get the PCSO to give me a call and that I could likely go and collect it.

This morning I get a call from the PCSO to say that there is a bit of a problem and that despite having my details on file and a note saying I wanted to claim it, they have auctioned it somehow!

Now at the least they will have some proceeds from the auction to hand over, but it's unlikely that kind of auction would achieve the true value of a bike like that, which looked very well, so it looks like I may be making some kind of claim against the police.

My brother in law is the son of an Inspector and he said a few weeks back that I wouldn't see it again as the police will get first dibs on it, he may have been right!

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
Snowboy said:
If it was me I'd just shrug it off.
It was never yours to begin with, you've not actually lost anything.

That's not quite how the law works.

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
Flipping it on its head, if the police arrived and I said "can I keep it if the owner cannot be identified?" and they said no. If I then said "well you're not taking it then" would they have had valid grounds to seize it as evidence? Further if it had not been linked to any crime, would it have been returned to me?

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
When I say hidden I mean it was just at the back of the garden laid down by a fence, so not in full, they had to go down the driveway, although the garden is very open. The police are yet to call me back...

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
CoolHands said:
what company was the security sticker please?
I did take a photo of it but I think I have deleted it now. It went through to a Scottish chap, I think the company was also based in Scotland if that helps narrow it down? The guy didn't really sound that interested in it however!

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 29th April 2014
quotequote all
REALIST123 said:
Perhaps, but, as he said, what law would that be?

Seems we have someone trying to 'claim' for the loss of something that wasn't his. Whatever the 'law' is, how sad does one have to be to sink to that?
I will dig out the relevant legislation tomorrow but short of anyone else saying it is theirs I have more right to deal with it than anyone else!

Muncher

Original Poster:

12,219 posts

255 months

Wednesday 30th April 2014
quotequote all
Following the link through, unless it was auctioned before the 19th March, which I think is probably unlikely then it does not appear in the items they have auctioned from that date to now.

http://www.bumblebeeauctions.co.uk/XcAPSearch.asp?...


Muncher

Original Poster:

12,219 posts

255 months

Wednesday 30th April 2014
quotequote all
I have just checked the all of the auction listings for police in Suffolk on that page and it does not appear to be listed at all...

Muncher

Original Poster:

12,219 posts

255 months

Thursday 1st May 2014
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I just had a call from a nice lady at the police who has asked me to email the details to their internal insurer as she said it looks like they have made a mistake and auctioned property that I had a good title to and they also want to look into the circumstances surrounding it.

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 27th May 2014
quotequote all
The police have admitted liability and proposed sending me the amount they received from the auction (which is a lot less than the bike would have fetched anywhere else, strangely. I've therefore asked for details of the auction listing, as I still couldn't find the listing anywhere.

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 27th May 2014
quotequote all
Well, it gets more interesting. They replied sending through a recipt from an auction house and also stated they are only obliged to pay whatever they sold it for (which they are wrong on).

However, the recipt they have sent through is for the sale of a completely different bike. It's for a 2014 model electric/mountain bike that sells new for 2,850, which only made ~580 at auction.

So they haven't even got the right bike, but the alarming thing is how little a very new, very expensive bike sold for at auction...

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 27th May 2014
quotequote all
paintman said:
Don't understand that bit. Are you saying that they have to pay you more than it went for? If you are, what law are you relying on?
The price that is sold for is not the measure of loss, I don't have time to dig out the authorities.

For instance, you have control of someone else's Ferrari, and you sell it without their permission. You can't turn around to them and say "well I only got £1k for it, so there you go, I'll hand over £1k, problem solved".

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 27th May 2014
quotequote all
Derek Smith said:
I would suggest, though, that this is unlikely to be lost/abandoned property.
It doesn't need to be though Derek, the holder of the property simply has better title to it unless it can be shown to belong to an identifiable other person.

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 3rd June 2014
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They still won't play ball. They won't make an interim payment, maybe time to start drafting the particulars of claim.

Muncher

Original Poster:

12,219 posts

255 months

Tuesday 3rd June 2014
quotequote all
Derek Smith said:
By all means have a go, but even asking a brief if it is worth proceeding is likely to cost you. It all comes down to whose day you will be making if you do proceed.
There is no cost, I will do it myself, I am no stranger to a court room, although not usually this area.

Muncher

Original Poster:

12,219 posts

255 months

Wednesday 26th November 2014
quotequote all
Just to conclude this, the police wouldn't budge, I issued proceedings, and the police's solicitors shortly afterwards made an offer to settle the claim in full plus the MCOL fee.

Muncher

Original Poster:

12,219 posts

255 months

Friday 28th November 2014
quotequote all
I've spoken to 4 different policemen I know and all pretty much said that if you ever have any property that is either lost or stolen which finds its way into the police stores then the chances of you actually getting it back are really quite slim. One said he knows the property store is unsecured at Ipswich and there is nothing to stop anyone wandering in or out of the store with property unchallenged.

Muncher

Original Poster:

12,219 posts

255 months

Friday 28th November 2014
quotequote all
Greendubber said:
Really?

So a store full of offensive weapons, drugs and evidence is left insecure?

If that's true it's outrageous!
I was as surprised as you are!