Vehicle Incorrectly Seized

caprikid1

CCPECP wrote: »

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 😂

Not read the whole thread but if you need to ask you should be instructing a solicitor.

Car_54

CCPECP wrote: »

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 😂

I imagine you will be charged with driving without insurance. You say you have documentary evidence to prove you were insured, in which case you should be found not guilty, or the case abandoned before it comes to trial. If you suspect you are not competent to put your case forward, you need to employ a lawyer.


(If - for whatever reason -you are found guilty, you can appeal to the Crown Court.)


Remember, the court will be concerned only with the question of whether you were insured. Not whether the police were right, nor whether you should be compensated. Those are separate issues which you need to pursue later.

George333

CCPECP wrote: »

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 😂

If what you're saying is correct i don't know why your asking about losing as you won't. Well as fair as your criminal trial is concerned. If you sue the police and you lose you won't get any money.

Have you tried speaking to the vehicle recovery manager to get your money back?

wgl2014

Op - Do you particularly want to go to court?

If you send in a copy of the letter you have showing you were insured at the relevant time the case is likely to be discontinued by Police.

Either send it to the officer dealing with the case or the force in questions central ticket office.

reeac

wgl2014 wrote: »

Op - Do you particularly want to go to court?

If you send in a copy of the letter you have showing you were insured at the relevant time the case is likely to be discontinued by Police.

Either send it to the officer dealing with the case or the force in questions central ticket office.

Judging from what I've read the OP would want to go to court in order to make a big fuss about being a victim.

Manxman_in_exile

CCPECP wrote: »

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 ��

As others have said, if what you say is true and you have evidence that you were insured, then you shouldn't have a problem fighting the criminal charge - they may even drop the prosecution.


Whether the police acted properly in seizing your car will be relevant if you bring a civil case against them to recover your financial losses (whatever they are) resulting from their seizure of your car.


When the criminal issue is over (in your favour) write a letter of complaint to the Chief Constable and Police and Crime Commissioner saying that the action of the police in seizing your car was unjustified and you want them to pay your expenses stemming from that. If you're not happy with their response, you can consider suing them in the civil courts.

George333

Manxman_in_exile wrote: »

As others have said, if what you say is true and you have evidence that you were insured, then you shouldn't have a problem fighting the criminal charge - they may even drop the prosecution.


Whether the police acted properly in seizing your car will be relevant if you bring a civil case against them to recover your financial losses (whatever they are) resulting from their seizure of your car.


When the criminal issue is over (in your favour) write a letter of complaint to the Chief Constable and Police and Crime Commissioner saying that the action of the police in seizing your car was unjustified and you want them to pay your expenses stemming from that. If you're not happy with their response, you can consider suing them in the civil courts.

Why not just move into the present day and make the complaint online now?

Or do you actually believe the Chief Constable reads them?

DUTR

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.

There are usually 3, so at least 2 will need convincing.
Win which part?
There are at least 3 issues on the go
1)Was the car seized wrongfully?
2)Was the vehicle showing a valid registration?
3)Was the driver insured at the time?

My view is No, maybe, maybe.

brianposter

wgl2014 wrote: »

Op - Do you particularly want to go to court?

If you send in a copy of the letter you have showing you were insured at the relevant time the case is likely to be discontinued by Police.

Either send it to the officer dealing with the case or the force in questions central ticket office.

This advice needs repeating - the only proviso being that going to court is quite educational and you may learn that even good cases can go wrong.

George333

DUTR wrote: »

There are usually 3, so at least 2 will need convincing.
Win which part?
There are at least 3 issues on the go
1)Was the car seized wrongfully? No relevant to the charge.
2)Was the vehicle showing a valid registration? Again not relevant unless charged.
3)Was the driver insured at the time? He says it was.

My view is No, maybe, maybe.

If it got to court and he produces and insurance certificate that's the end of it.