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4:00pm Monday 22nd March 2010 in
A BIKER who launched a campaign of abuse against a company which impounded his stolen motorcycle was spared jail after a councillor stepped in to plead his case.
Unemployed Michael Wheatley, 47, sent angry e-mails to the company, called Canute, after staff refused to release his bike unless he paid £150, a cost which later rose to £650.
Yesterday, magistrates took pity on Wheatley and spared him jail, after Basildon Tory councillor John Dornan spoke on his behalf.
Valerie Hughes, chairman of the bench, said Wheatley could otherwise have faced eight weeks in prison.
She said: “Having heard fully about this situation and your efforts made to secure the return of your motorbike, and the fact that outside agencies tried to mediate on your behalf, we find this an extremely unusual situation.
“You were a victim of crime, but you have created a situation for yourself and therefore you must be punished. We have been lenient in your punishment.”
The court was told Wheatley had his pride and joy – a white Honda 900 Fireblade – stolen from outside his home in Bodean Close, Pitsea, in November 2009.
The bike was later recovered by police and taken to a vehicle pound owned by the Canute Group in Albert Road, South Ockendon.
Wheatley, who had been laid off from his job as a courier, could not afford the £160 release fee.
After several attempts at negotiation with the firm, which included turning to the Echo for help, Mr Wheatley began sending abusive e-mails.
He made threats to various employees at Canute that he would take revenge, and he claimed to know where they lived.
Claire French, prosecuting, told Basildon Magistrates’ Court Wheatley sent 11 e-mails between last December and March this year.
But Wheatley, who represented himself, said he had been driven to send the e-mails because no-one would help him.
He said the loss of his bike meant he missed out on the chance to get another courier job, and as a result of that he lost his home.
Wheatley told the court: “I’m sorry it has come to this, but my life has been ruined for the sake of £150.”
The biker said he continued to send e-mails to Canute employees – despite receiving a police caution for the offence in January – because he wanted his plight to be heard about in court.
Wheatley, who has still not got his bike back, was given a two-year conditional discharge, but magistrate’s would not grant a prosecution application for costs.
A statement from Canute said the firm “reserved judgment” on the court’s decision.
Comments(28)
R85
says...
5:21pm Mon 22 Mar 10
iknoweverything
says...
5:53pm Mon 22 Mar 10
RobertFS
says...
6:43pm Mon 22 Mar 10
123xxx
says...
7:08pm Mon 22 Mar 10
westcliff willi
says...
7:20pm Mon 22 Mar 10
123xxx wrote:that s the problem here the bike wasn t insured or i belive taxed. Although it was 'off the road'.
oh blimey! poor sod I am pretty sure the bike is being held illegally if it was fully taxed, insured and was not causing an obstruction when recovered. Everyone needs to study law now
Madame_Medusa
says...
7:21pm Mon 22 Mar 10
Ironman
says...
7:55pm Mon 22 Mar 10
evilc
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8:46pm Mon 22 Mar 10
Nebs
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10:48pm Mon 22 Mar 10
Colleen G
says...
7:45am Tue 23 Mar 10
tazmyk
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9:33am Tue 23 Mar 10
R85 wrote:thanks but i think i have lost my bike for good
Completely agree. Only in this joke of a country would something like this happen! HE had HIS bike stolen and HE was told to pay £150! WTF??????? Absolute complete and utter insanity; the company deserve everything they get! How is this legal??? I honestly cant fathom this - A system that charges the victim! Whoever made up that law/loophole or whatever it is needs a good slap! If ur reading this I really do hope you get your bike back and get things in order (obviously without having to pay this mind-boggling charge)!
tazmyk
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9:35am Tue 23 Mar 10
tazmyk
says...
9:37am Tue 23 Mar 10
westcliff willi wrote:hi it was still taxed and mot but was off the road in my garden i cancelled insurance when i was laid off
123xxx wrote:that s the problem here the bike wasn t insured or i belive taxed. Although it was 'off the road'.
oh blimey! poor sod I am pretty sure the bike is being held illegally if it was fully taxed, insured and was not causing an obstruction when recovered. Everyone needs to study law now
PJR
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2:15pm Tue 23 Mar 10
tazmyk
says...
2:51pm Tue 23 Mar 10
PJR wrote:thank you pjr for being blunt and honest i did not want to resort to what i did but i had no option the police did nothing to help the goverment did nothing even writing to the PM did nothing so if they could not help i needed to go to court i could not afford a solicitor to proceed with a civil case which i would not win i had to do something non violent im not that sort of person and i was vindicated in that even the justice system says i was not fairly treated ... i knew i would never see my bike but if my case does help to change something in the future good my bike was taxed and mot but was off the road as i cancelled the insurance i was being honest and doing the right thing if my bike was taken because i was braking the law its my fault but this was not ...... if at anytime someone could have told me a different course of action i would have taken it but even an apology and an offer of payment was rejected you say there were better ways please tell me
Right i'm going to be blunt and honest - for once
My car was stolen in Jan 09, recovered and I had to collect it from the Met Police pound in Charlton (that was an experience I never wish to repeat) - I paid £150 too and got it back - didn't claim on my insurance, I was just happy to have the car.
Now yes this is disgusting, and yes there should be a way in which you can pay or defer payment. After all if the thief is caught and convicted they'll have to pay costs. It is wrong for the victims to pay. Yes that's what insurance is for, but I didn't want to lose my NCB (pointless as I had a crash 3 weeks later anyway!)
But tazmyk - I have lost a bit of respect for you after reading this. There are better ways to go about things than sending abusive, threatening and personal emails to staff members of a company that are following procedure. Despite every avenue being exhausted, no one should ever be driven to become the criminal, and that's what this was, a criminal act.
Yes the system needs changing, but resorting to the tactics of a child in a name calling row (albeit worse with threats) is not going to help.
But the system DOES need changing, those who drive without tax of insurance (for which I have again been on the receiving end due to a mistake on my behalf involving my paperwork, and i own up to it and am happy to have paid and accepted the points as it was a genuine mistake, I wasn't out to deceive or beat the system!) should pay for storage. The victims shouldn't.
I just cannot condone your actions, I hope you understand that - but I'll happily join the fight for change.
PJR
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4:55pm Tue 23 Mar 10
tazmyk
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5:10pm Tue 23 Mar 10
PJR wrote:hi thanks again and yes i did know it was wrong i have contacted the nationals by phone and e mail since this started but to no avail recentley sent them link to this article though and fingers crossed
Having re-read it, I can't think of any better ways, but resorting to personal and threatening emails was wrong, yet at least you see that.
I agree there needs to be change, and having been on both sides (victim and unknowing committee - but a committee nonetheless) I do sympathise with what's happened.
You say your vehicle was taxed and MOT'd but off the road - I've got a car sitting on my drive at the moment in exactly the same state - but I don't rely on it if it were stolen. You however, were going to rely on your bike at some point.
Out of interest, have you gone to the nationals? The Echo is good, but just a local rag at the end of the day. Tabloids may be the bane of the rational media world, but they can sensationalise a story. Having read back a bit, and being a Journo myself, I can pull a few things out which they should be interested in.
ShipShape
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9:41pm Tue 23 Mar 10
Duckorange
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2:08pm Wed 24 Mar 10
PJR
says...
3:23pm Wed 24 Mar 10
Duckorange wrote:As I believe it, once the police are done with it, the car is released back to the owner who then has to accept costs of storage.
Surely the contract for storage of the bike is between the police and Canute, and not the company and tazmyk. This would be a cracker to be tested in court, and would put an end to the gravy train these companies are on.
tazmyk
says...
7:33pm Wed 24 Mar 10
PJR wrote:cheers pjr
Duckorange wrote:As I believe it, once the police are done with it, the car is released back to the owner who then has to accept costs of storage.
Surely the contract for storage of the bike is between the police and Canute, and not the company and tazmyk. This would be a cracker to be tested in court, and would put an end to the gravy train these companies are on.
When my car was stolen it was in the pound for a week, but I was only charged 2 nights storage, the initial £150 then another £20 per night (sorry I stated I paid £150 earlier - that was the no insurance one). So the contract with the police is covered. Then it's the owners responsibility.
tazmyk, please let me know how you get on with the newspapers. I may be able to put a pitch in on your behalf if they don't come back to you :)
southendmechanic
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7:27pm Thu 25 Mar 10
tazmyk
says...
7:40pm Thu 25 Mar 10
southendmechanic wrote:hi i remember you alot has happened since then and i found out a few things
Tazmyk i remeber we spoke on this forum originaly when the bike was being witheld until payment.
I as a biker am sorry you have lost your bike.
But who is at fault here? lets go through the list
You= you parked if off road and never asked for it to be stolen
Police = they found and had the bike recovered for evidance and to prevent further loss
Canute (or any recovery agent) = they recovered the bike as requested to do so by essex police.
They are manned 24hrs a day all year with expensive equipment at the ready to collect damaged or stolen vehicles within 30 minutes of their control being advised they then store in a secure compound and usally undercover till the police have finished. All this costs a great deal and out of the 150 pounds there is possibly only a small profit to be had after wages fuel insurances and other costs.
The problem here is the system which was put in place to save the council tax payer 1000's and it was meant to move the cost to the insurance industry. sadly in your case the insurance wasnt there to pick up the bill.
There needs to be a system in place for people who are victims and cant pay but what system? canutes need paying as they have supplied a service they have been requested to give and iccured costs doing so.
The police have had to stop recovering themselves due to the cuts they have received and if they did have to pay what would happen, possibly more bikes and cars would be stolen. There needs to be a means tested assistance which should be funded from the victim surcharge courts are so happy to impose usally for 15 pounds on cases. Sadly this wont help you recover your motorcycle from the compound or pay the escalating costs that have been incured whilst this has been going on.
I suspect that this kind of situation isnt what canutes want either with distressed people wanting their vehicles back and being made to feel even more a victim but really it isnt their fault or the staff who work there, maybe they have taken a hard stance with you because they see this day in day out and overtime this causes people to be less sympathetic. good luck in the future
southendmechanic
says...
8:13pm Thu 25 Mar 10
tazmyk
says...
6:40am Fri 26 Mar 10
southendmechanic wrote:not sure it is an organised thing there is guy across road from me with blade and his is better then mine and not touched
good stuff with regaurds to the forensic tests the officer who called the recovery agent wouldnt have known when he found the bike that none would take place his job is to secure the evidence and prevent possible contamination (even from yourself as the VRO)
The bike is proberbly outside now but until the police say they wont need to carry any out vehicles will be stored inside a locked secure building (this is the case due to evidence guidlines)
As far as my recalls the money is paid to canute and invoiced by them on collection or delivery of the vehicle
I remember at the time you said you could have collected the bike yourself quicker but the evidence guidlines prevent the police from giving the bike incase later on in the night or next few days discover the thief responsable.
This would have been very diffrent if they had discovered this person, your bike could have been the main peice of evidence in the court case and without it having been secured from discovery then a court case could have been destroyed and a conviction not possible.
Out of intrest do you still believe this was kids? or possibly something more organised that has been going on in southend basildon romofrd and tilbury?
southendmechanic
says...
7:19am Fri 26 Mar 10
tazmyk
says...
8:04am Fri 26 Mar 10
southendmechanic wrote:understand all what you say ... i dont think it was stolen to order as only damage was indicater where they dropped it and few scuff marks ignition and yoke all ok it was walked to were it was dumped and not started
there is a trade in sports bikes at the moment which seems a bit of a worrying trend. It seems they are being stolen to a list of desired models for spare parts or track bikes.
The spare parts situation seems to centre around tilbury and areas easily accessable and from what i understand involves the bike being stolen left at a location and then picked up a few hours to a day later and then transported for export.
It seems this way IF they are caught the worse they get is handling stolen goods.
The other trade is from people using them as track bikes or even cloning them with the element of also stripping for parts (big money can be made here if the bike is original)
Kids try hotwiring and generally take off roaders and small cc machines.
With reguards to the police saying they would have told you if they knew how close you lived i would ask to see a copy of the policy of recovery from essex police.
They have a duty to recover the vehicle for examination and release to the owner before this has been carried out is not allowed. At the time they wouldnt have known the complete details of the case (many people say bikes have been stolen when they have been crashed and have no insurance and many more are reported stolen when the owner is trying to claim on insurance knowing the bike wasnt taken by a 3rd party)
As said before my ZX10 was stolen and i got it back due to it being discovered in the cooling period (the time between theft and the people returning to collect it) it cost me a great deal of money after this to have the bike returned and repaired (the top yoke was smashed to remove the steering lock) with simular charges as yourself.
For most the charges are a small price to pay but i understand if you havent got the money then it is very frustrating to have a bike that belongs to you held ransom and incurring charges quicker than you can earn the money to recover the property from storage.
The system is wrong but i find it hard to blame the police for trying to save their time and resources or recovery agent who operate a fleet of trucks which are not cheap to run. The comments on here of people making lots of money from these contracts shows these posters have never had to pay to have a car or bike moved locations via a transporter out of hours.
I work in plant construction and material handling equipment and to move a small peice of equipment like a forklift can cost 300 pounds keeping it fairly locally.
My experiance of cars and bikes comes from a spell working for the insurance industry,vosa,and associated agencys
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evilc says...
5:10pm Mon 22 Mar 10
The Police used to be responsible for the recovering property it was always taken to the Police Station for fingerprinting which is good practice NOW the Police automatically get these slick companies to recover property charging exorbitant prices for recovery and storage.
I feel that the Police really should offer the owner the first chance to recover the property.
This system is completely unjust, and the Police again are trying to run as a business which is not in the best interest as the public always.