A retired police officer claims the West Yorkshire force is acting illegally by charging “innocent owners” of stolen vehicles a fee for their recovery.
Ex-Det Insp Geoff Broadhead said he was “absolutely furious” to read in the Examiner last week how motorcyclist Joe Mellowdew, of Meltham, had to pay more than £150 in fees to West Yorkshire police to get his bike back after it was stolen overnight from his girlfriend’s house.
Ten years ago Mr Broadhead successfully fought off a similar claim for payment after police recovered a motorcycle belonging to his son, Tim.
Mr Broadhead, 68, of Netherton, said by demanding payment police were contravening section 102 of the Road Traffic Regulation 1984 which states that police are not entitled to charge the “innocent owner” of a vehicle recovered undamaged – only “anyone concerned with leaving it” where it was recovered; any person who put the vehicle there or a person committing the offence.
He said: “In 2008 my son, who lives at Crosland Moor, had his motorcycle stolen from outside his house. A few days later it was found in a garden in Paddock. The police did not get in touch with Tim at that stage – the first thing he was told was that his bike had been recovered and was at Turner’s Garage in Holmfirth.”
Mr Broadhead said Tim was charged £112 and £12 a day storage fee with the total coming to about £150.
After writing to the chief constable to complain and getting no response Mr Broadhead took out a county court summons against the force – referring its lawyers to section 102. The case was due to be heard on a Monday, but on the Friday before he was told that the force solicitor would be offering no defence and the fee was dropped.
Straight after that Mr Broadhead wrote a letter to Mark Burns-Williamson – now West Yorkshire police and crime commissioner, but then chair of the police authority.
“I attached the file on the case explaining how police were wrongly charging members of the public and suggesting a change in policy,” said Mr Broadhead, who added that he never got as reply.
Last week the Examiner reported how Meltham teenager Joe Mellowdew had to pay out more than £150 in fees to the police to recover his motorcycle, which was found hidden under a tarpaulin in Dalton.
Mr Broadhead said: “I was absolutely furious. The police have stuck to the same policy. They have stuck to the same line of reasoning when they should be sticking to the legislation – not their policy.”
Responding to Mr Mellowdew’s case, Paula Rodgers, vehicle recovery unit Manager for West Yorkshire Police , said the charges for recovery and storage were set out in legislation and must be paid for by the owner of the vehicle, adding: “If this cost was not incurred by the owner then the force would either have to request additional funding or make savings elsewhere in the force’s budget. In most cases insurance companies will meet this cost as part of any claim.”
West Yorkshire Police has been asked to comment on Mr Broadhead’s remarks.
