Police Seized Motorbike by breaking into shed

misssarahleigh

I've offered some advice to a friend as he wanted some help, but I want to make sure what I've told him is correct.

Short story is, a PCSO spotted a young lad WITH a motorbike. The bike doesn't have any plates and the lad did a u trun and took it home putting it in the shed.

1 hour later, 3 police men are breaking into the shed with a crow bar. when he comes out they insist he opens the shed or they will finish the job with the crow bar. He opened it, they seized the bike and left.

Now, am I correct in thinking, without a warrent they had no legal right to do what they did?

And since he wasn't on the road or driving they cannot seize the vehicle under the Road Traffic Act?

vax2002

Legal, the police ?
They can and will do what they want.

mikey72

"Short story is, a PCSO spotted a young lad WITH a motorbike. The bike doesn't have any plates and the lad did a u trun and took it home putting it in the shed."

Was he riding it on the road when they saw him?

"He opened it, they seized the bike and left."

Did they put it on a recovery truck, and charge him with any offence?

adouglasmhor

They don't need a warrant if a police officer witnessed a crime being committed, i don't know if a PCSO has the same authority. I hope if he was on a public road with no plates or license they make him watch it being crushed and bill him for it.

misssarahleigh

He wasn't on it, but walking along side.

He only opened the shed to stop further damage (his parents house so their shed and he was a little concerned about the crow bar being inflicted on it!)

He was fined £200 and 6 penalty points for not having insurance. He took his punishment there and then as there were three police officers surrounding him, saying if it gets to court he will face a far worse punishment (general intimidation)

(stupid decision by the young chap, I doubt he would have been convicted)

I personally think he's a bit of a tool from the sounds of it, but I'm looking on the legal side of things

(you don't need to preach he's a yob, I know all about them, or point out his actions were not saintly. I am looking at the legality of those involved)

mikey72

Technically, even pushing it is an offense, but he's the first person I've heard of being fined for it.
Over zealous or what.

Try posting on pepioo.

Rover_Driver

The power to seize vehicles driven without licence or insurance is s.165A, Road Traffic Act 1988.

The OP's case may meet the requirements of that section.

Strider590

There's no way they'd do that if he hadn't been riding it, probably a moment of madness and im afraid he seems to have been caught bang to rights.

Why the "u-turn" if he wasn't riding it? at most he'd have been asked if it was his......

They've been cracking down hard on this in some area's of the country, seizing and crushing the offending vehicles.... The outlook is grim for your friend.

But I do wish those Police would come up near where my ex live's, catch the little f**kers screaming up and down the road and local canal toe path on scramblers, quadbikes and mini-moto's AT ALL HOURS!!! :mad:
Though I did laugh when a p1ssed off neighbour pushed two of them into the canal :rotfl:

misssarahleigh

Rover_Driver wrote: »

The power to seize vehicles driven without licence or insurance is s.165A, Road Traffic Act 19888.

The OP's case may meet the requirements of that section.

Yep I've read that. i would assume

"(c)the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143."

Is the one they have done him under.

However, I cannot see any information regarding the restriction on seizing the vehicle apart from them haveing 24 hour to do this, if they were not 'caught on the spot or ran' so to speak and information about the person responsible for paying the fines.

Was it legal for them to break into the shed to get the vehicle?

especially as they did it BEFORE giving him the penalty for not having insurance



p.s. lol to Strider590. I used to have this all the time before I moved (we drew a line at the car getting petrol bombed and the house having the windows shot through with a pellet gun)

Rover_Driver

misssarahleigh wrote: »

Was it legal for them to break into the shed to get the vehicle?
)

The power for that would be s.165A (5) (b) & (c)

maninthestreet

The police can't fine anyone for driving without insurance - only a court of law can do that. Similarly, only a court can order that points are put onto a driving licence for not having insurance.
Are you sure your 'friend' is telling you the truth, the whole truth and nothing but the truth???