I would be grateful to receive your responses on the following:
Under Police Statutory Removal powers, a motor vehicle can be removed to a recovery operators premises that is currently contracted under a Police Vehicle Recovery Contract (scheme)
If the said owner of a motor vehicle removed under these statutory powers had paid the relevant release fees due for this vehicle and instructed a local recovery operator (who now has a contractual agreement with the owner) to collect his property from the police contracted suppliers premises.
Is there a regulatory or contractual condition for the Police contracted holding agent to insist upon production from the collecting agents the following documentation (vehicle/company/public liability insurance, MOT, photo ID, Training Certificates, Loler certificates) relating to their collecting vehicle and business operations before release of the said property upon which there is no longer a statutory lien in force.
There is nothing to stop the host Recovery Operator from demanding any evidence of competency and certificates from other Recovery Agents or any other person from attending their premises as they must comply with all aspects of Health & Safety and are responsible for any persons attending their premises.
There is no such regulatory or contractual obligations for our recovery operators to demand certificates, however they are contractually responsible for all aspects of Health &Safety in relation to their premises and whilst carrying out recoveries.
As recommended as good practice by the Information Commissioner’s Office a version of this response may be published on the West Midlands Police website.