durham
Member Since: 02 Jun 2014
Location: Essex
Posts: 40
 
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Just noticed this entry, hope you are sorted now, but if not;
I served for 31 years in the blue serge, but mostly suits and in that time only dealt with a small handful of cases that came to this.
The officer should investigate your findings as the trailer remains "stolen property". Statements should be obtained from the owner/victim and likewise from the new "owner". The new owner can be dealt with as a suspect for Theft of or Handling the stolen trailer or as a witness, I hope they aren't just taking a casual verbal explanation. In any event the trailer should be seized ASAP as stolen property and retained by the police, in order to prevent the obvious from happening. The new "owner" should be given the opportunity to disclaim his rights to the property irrespective of if the investigation reveals, that would simplify the outcome as your family would be the only ones laying legal claim to it.
This is where my 4 years retirement hinders my input, not from Essex, I've dealt with them and you have my sympathy.
When I dealt with such as this, the law was clear. If more than one party lays claim to it then Police cannot simply decide who to give the trailer to, this was (and maybe still is) covered by S1 Police (Property) Act 1897 which outlined that a Magistrates Court must decide who the property is returned to, having been given the evidence of both parties and the Police. In each case I dealt with the original owner/victim or their insurers got the property back. This was unusual as property disputes are not normally dealt with in Criminal Courts, more usually Civil Courts. I believe this act was updated by various statutes, the most recent being Police (Property) Act 1997, yes, it took a hundred years!, but sorry I cant give you up to date legislation, but hopefully not much has changed.
Any officer should know this, but if not, will have access to their Police National Legal Database which will explain it to them in non-joined up writing.
My advice would be to approach a more senior officer or even officially complain that the officer is not expediting the enquiry as it is about 4 months since you spotted the trailer and reported it, remind them that your family is the victim here and remind them of The Victims Charter. If you can attend an Essex police station, go in and ask for the Duty Inspector, have a conversation and he/she will have to answer you.
As for the new "owner" I'm sure he didn't pay the going rate and has a legitimate receipt. Civil laws advice for him would be "Buyer beware".
Sorry if all this sounds a bit dry, but the law was never going to be fun and entertaining, but hope this helps
Kevin
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14th Jan 2016 4:55pm
Working towards Carry on camping!
