Vehicle Incorrectly Seized

George333

onomatopoeia99 wrote: »

If the magistrate is having a bad day and makes an error in law (which shouldn't happen, as they have a trained clerk to advise them) then it will be overturned on appeal when in front of a proper judge.

It would never get that far, the prosecution would offer no evidence.

Car_54

unholyangel wrote: »

You're still not getting it. Sections 165 and 165A are separate.

Section 165A gives the police powers of seizure.
Section 165 makes it an offence not to provide, when asked, proof of insurance
Section 143 makes it an offence to use a vehicle in a public place without insurance.

If you'll notice subsection 3 of section 165 that I quoted earlier explicitly states:

OK, thanks for that.


However, in the OP's case 'A spokesman for the West Midlands Police said: "The car was seized for having no insurance ..."', i.e. a section 143 offence.

esmerobbo

Of course remembering you can have an valid insurance policy for your vehicle but not be insured.

George333

Car_54 wrote: »

OK, thanks for that.


However, in the OP's case 'A spokesman for the West Midlands Police said: "The car was seized for having no insurance ..."', i.e. a section 143 offence.

But then you can't produce something you don't have.

Manxman_in_exile

unholyangel wrote: »

You're still not getting it. Sections 165 and 165A are separate.

Section 165A gives the police powers of seizure.
Section 165 makes it an offence not to provide, when asked, proof of insurance
Section 143 makes it an offence to use a vehicle in a public place without insurance.

If you'll notice subsection 3 of section 165 that I quoted earlier explicitly states:

I'm probably lost but...the OP said he had the necessary documents with him, but that the police refused to allow him to produce them. I presume that means they didn't ask him for them?


(Sorry if I've missed the point).

CCPECP

No i was showing insured on the MID not the MIB. Two different databases. One you can access from askmid.com and the other the police have access to. Check it.

AdrianC wrote: »

No, that's the whole point. You weren't showing as insured on MID. Nor, by the sound of it, was your new plate showing as being on the car.

Now, that might simply have been down to hysteresis, and it's likely true that nobody did anything incorrectly...

AdrianC

CCPECP wrote: »

No i was showing insured on the MID not the MIB. Two different databases. One you can access from askmid.com and the other the police have access to. Check it.

No, it's just two slightly different names for the exact same thing in this context.

Motor Insurance Database
Motor Insurance Bureau, the people who run the database.

https://www.mib.org.uk/managing-insurance-data/the-motor-insurance-database-mid/

CCPECP

They didn’t ask me for them. I was in the back of their car and my phone was in my car. I told them my documents and cover note and the DVLA approval and the new cover from Admiral and the emails were all my phone and exact words she said was “doesn’t matter”. Because she said she has to go by her MIB not what i have because of the ability to falsify documents. She said she believed me but she can’t base it off that.

Manxman_in_exile wrote: »

I'm probably lost but...the OP said he had the necessary documents with him, but that the police refused to allow him to produce them. I presume that means they didn't ask him for them?


(Sorry if I've missed the point).

CCPECP

In that case then i was showing insured on both. As stated earlier, the passenger male police officer went on his phone and searched my vehicle reg on askmid.com and it showed insured on the MID. He showed PC Jenkins and she said the seizure is already in place.

AdrianC wrote: »

No, it's just two slightly different names for the exact same thing in this context.

Motor Insurance Database
Motor Insurance Bureau, the people who run the database.

https://www.mib.org.uk/managing-insurance-data/the-motor-insurance-database-mid/

CCPECP

What happens if i lose court? Let’s just say the police didn’t do anything wrong because they have to go by what they go by and i’m given the points but i know i’m completely legit. Is there a procedure to appeal the judges decision or is it not even worth it from there and to just accept my unfortunate fate 😂