Missing Recovery Chain

[najw]

I am posting this here as the victims are friends of the mine, if it's considered OT feel free to remove

To:All Wheel Driver Editor

Hi, I was hoping that you may be able to assist with the following problem.

One of my neighbours, Brian Hippsley, is a big Land-Rover / 4WD nut. He and

his wife Yvonne were very well known as Marshalls on the S Wales circuit and Brian lives on one of the forestry roads near the Walters Motorsports Arena in S Wales,

(Banwen). They retired from their Marshall roles this year. It is not at all

unusual for people who know Brian to turn up at his front door asking for his assistance to rescue help pull a car out of a ditch or to rescue another 4x4 driver who's overestimated

their abilities from the middle of a lake or similar predicament.

Anyway, on Wednesday 10th Dec at approximately 5:30pm I was outside my house

when a couple of youngish guys in a red Land-Rover approached me asking if I could help out and lend them some rope to 'tow a lady out of a ditch'. I didn't have any

strong rope available and suggested that they try Yvonne's house, they told me

they'd already been looking for Brian and Yvonne but although their house was lit up, there didn't appear to be anyone there. I made the assumption that these lads

were friendly / known to Brian & Yvonne and as I had access to their garage and

it was my belief that if Brian were at home he would have lent them a super-heavy duty towing chain, I did just that. They promised to bring it back dierctly they had rescued

this damsel in distress but several days later there has been no sign of them

or this chain.

The chain was a relic of heavy industry, approximately 15 - 20ft long, each

link weighing probably 2 or 3 Kilo, with a hook at one end. Brian believes the lifting weight of the chain to have been 8 or 10 tons. It did have surface rust but will be extremely difficult to replace, the nearest I've been able to find on ebay as a

replacement is 4.5 ton chain and even that costs £170.00!!

The passenger, was a lad of approximately 18-25yrs, average height, stocky with

cropped brown-ish hair. The driver was probably of average height, (he didn't get out of his Landie), stocky with dark hair and aged approximately 25-30.

The land Rover was, as far as I can tell, (and I'm no expert!) a Defender,

perhaps a 90. I can't recall what type of back it had but I think it was steel with side windows. It was distinctive in red, it had a sticker on the side which was for an overseas Rally. Most importantly, I did make a mental note of the Reg. number which was;

N*** KRH

When Brian & Yvonne returned, it transpires that they have no idea who these

guys were from my description. It is quite likely that some local pointed them in Brians direction as he is so useful in his unofficial 'car rescue' role - so they obviously knew

his name when they spoke to me.

Euphemistically, I'd like to think that they have 'forgotten' to return this

chain - although it is the type of object that would be difficult to overlook if it was in the back of your car. There may be cynics out there who'd say that they took a shine to such a heavy-duty, expensive chain and thought, 'Well he doesn't know who we are, so

let's keep it!'

All I'm hoping for at the moment, is that one of the 4x4 organisations / clubs

may recognise the details and communicate with the indivdual concerned and persuade them to return the chain, (or if they no longer have it for any reason to recompense Brian

for its loss). We are not asking for any personal details so you won't be in

contravention of the Data Protection Act. If we can't locate them through the 4x4 networks then the next step will be, unfortunately, to report it to the Police as a theft. With the number plate they should be knocking doors fairly quickly. Obviously the

implications of a theft conviction, should it go to Court, are far-reaching. There may be loss of employment, long-term damage to career prospects, criminal record, withdrawal

of insurance policies or increase in premiums, etc.

[BogMonster]

I wouldn't be buggering around with assuming they "forgot" I'd go straight to the police, though these days they probably can't be bothered to do anything about it anyway. How about an anonymous report that they are terrorists

[pat_pending]

I think in the eyes of the law, the only person guilty of theft would be the guy that took the chain to lend to the lads in the L/R.

[landmannnn]

I have lent many things to mates over the years. Some I have got back, some not.

Lender beware!

[paintman]

If you would have had the permission of the owner of the property had they been aware of the circumstances to lend it then you cannot be convicted of Theft. For those that think otherwise Google 'Theft Act' using the UK search limit & check the definition.

The offence is committed by the lads who took it.

The next step is for it to be reported to the police as I think you've seen the last of that.

[pat_pending]

If you would have had the permission of the owner of the property had they been aware of the circumstances to lend it then you cannot be convicted of Theft. For those that think otherwise Google 'Theft Act' using the UK search limit & check the definition.

The offence is committed by the lads who took it.

The next step is for it to be reported to the police as I think you've seen the last of that.

All we know is the chap that lent out the chain had access to the garage, that does not in itself imply permission to hand stuff out to strangers.

Should plod track down the two in the L/R and one of them says "He said we could keep the chain, my mates a witness".

Where does that leave things? Not sure plod are going to be interested in charging anyone.

I'm only playing devils advocate, I hope they do get it back.

There is a lesson to be learned here.

[Jos]

All we know is the chap that lent out the chain had access to the garage, that does not in itself imply permission to hand stuff out to strangers.

Should plod track down the two in the L/R and one of them says "He said we could keep the chain, my mates a witness".

Where does that leave things? Not sure plod are going to be interested in charging anyone.

I'm only playing devils advocate, I hope they do get it back.

There is a lesson to be learned here.

As a lawyer and plod the issue is dishonesty - if you honestly believe the neighbour would consent to the loan then there's no question of dishonesty/there is a defence to an allegation of dishonesty.

Plod may or may not be interested in charging someone; but I expect they'd be interested in seeing the chain returned and some 'words of advice' at the very least...

My 2p.

Jos