police impounded sons car

hartcjhart

Joe_Horner wrote: »

No they can't. DVLA can (through their agents) after due warning - the vehicle may have valid insurance which is not showing on the database for some reason - but the Police haven't been granted that power.

The powers you quoted apply specifically to driving a vehicle without insurance. Even the ability to seize within 24 hours is only appicable in very specific circumstances - if a driver has failed to stop or has driven away after stopping. Neither of those apply in this case and it seems likely that they didn't have grounds for suspecting driving without insurance unless (until?) he admitted it. If they had already started seizure then they were likely acting beyond their powers. It would need a good motoring lawyer to advise in this case.

As for your highlight and reply to my last post, yes - even then. I don't expect you to believe me for one second but that's how it is. To me, misuse of power by the state is infinitely worse than losing compensation.

8.3.1. The second condition is that the constable in uniform has required a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Section 143 and the person has failed to produce such evidence and the constable has reasonable grounds for believing that the vehicle is or was being so driven.


the important part,if someone has reported the son for driving then it would apply,

obviously without ALL the details we cannot fully state yes/no it was siezed correctly in accordance to the RTA

cidergirl

forgotmyname wrote: »

So have they declared the GF's car SORN or scrapped it yet?

As above that needs attending to before another bit of bad luck drops through the letterbox.
Not sure if its too late to sign the car over and avoid the daily costs?

Worth asking.

When she does get insurance she needs to declare the camcelled policy and your sons 6 points for no insurance otherwise another policy when get cancelled when the paperwork catches up. And they will probably see that as deliberate attempot at fraud by not declaring it.
How will she get her car back when she cannot get insurance either?

Has your son passed his test long? He may have to retake his test??

he passed his test 4 years ago

cidergirl

cidergirl wrote: »

he passed his test 4 years ago

she did declare car was impounded they have it on a tape .
the insurance company have now been reported to the insurance omsbudman .
the police were the ones who influenced the insurance company to cancel her policy .

soolin

cidergirl wrote: »

yes car has 12 months mot and i now have tax aswell

You say it has tax 'now' did it have it when it was parked on the road and being driven?

cidergirl

cidergirl wrote: »

my son got his car impounded for no insurance or tax he had just got it motd .
he took it for a spin round car park to see if the rattle was still there after putting tie on wheel mud flap.
anyway he was going to tax it and insure it monday .
his girlfriend changing her car insurance that is for both of them from her car to his
but saturday the police took it son was not in the car when police got to the car he was back in the house but came out after seeing police by his car .
on monday his girlfriend insured the car sons car from 11am her car till midnight last night .
then she was gonna scrap hers.
yesterday taxed it with insurance document went to police station with insurance doc, tax, log book,
they spoke to his girlfriend and phoned insurance company dont know what the police woman said but they cancelled her insurance saying she hadnt told them car was impounded.
but she had so now she is stuck 8 miles from home with no insurance thanks to the police .
when she got home rang the insurance who listened to the tape of her ringing up to insure and they said she did say car was impounded but should never of insured it . ?
is this catch 22 and my son will never get his car out and now she has no insurance any ideas folks please ?

any better ?

[Deleted User]

cidergirl wrote: »

yes car has 12 months mot and i now have tax aswell

How did they manage to tax it, without insurance :huh:

cidergirl

soolin wrote: »

You say it has tax 'now' did it have it when it was parked on the road and being driven?

no we got tax yesterday after insuring it .
it was parked in residents parking not on the road .

cidergirl

Bedsit_Bob wrote: »

How did they manage to tax it, without insurance :huh:

with the insurance document she printed out, after phoning to insure it before going to the police station .

hartcjhart

cidergirl wrote: »

no we got tax yesterday after insuring it .
it was parked in residents parking not on the road .

how did it get there from the MOT station

Sgt_Pepper_2

hartcjhart wrote: »

how did it get there from the MOT station

On a tow truck.