I am afraid that your reference to Regina v Turner is, in this case misleading in the extreme.
Golden14 did not take his boat to someone for repair and then recover boat without paying for repair. This is the basis of the above case where Turner took his car back without paying and in that case I agree it would be theft.
http://www.kevinboone.com/lawglos_RVTurner1971.html
Goldend14 is only recovering what is rightfully his and he has paperwork to prove title. In this case, a charge of theft will never get past the CPS.
I have done very many recoveries of motor vehicles where the driver had deprived the owner, the Fleet Companies, of ownership and it is always good practice to inform the local plod what is going on and what you intend to do. The police are only too happy to be informed of any case of this nature and I did it for five years.
These poor misguided drivers I had to deal with, were always under the misunderstanding that when the firm whom they worked went bust owing them their salaries, they thought they could keep the company car until they were paid. The company cars were fleet owned and were the property of the Fleet Hire Company for whom I was working.
--------------------
regards David
"Away Sea-boats crew - Special Sea Dutymen, Close-up"
Skype: lenseman-uk
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