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Vehicle Incorrectly Seized

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    CCPECP wrote: »
    Probably. I guess i’ll just go go Court explain the case to a judge and because it wasn’t actually my fault and god knows where it went wrong in the databases then i don’t get the points or the fine.

    Get a letter from your insurance company stating that at the time of the stop you were fully insured. Send a copy to the investigating officer, making sure you keep the original.

    You may find it never reaches court. It will probably be dropped as soon as the prosecution see it. It's highly likely though you will be suited and booted waiting to go in when you are informed it's dropped.

    The prosecution often don't see the details until the very last minute
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 18 November 2019 at 2:44PM
    Car_54 wrote: »
    But the law on which the police are relying (RTA 1988 s165A) allows them to seize a vehicle if an officer in uniform requires the driver to produce evidence of insurance, and the driver fails to do so. There is no mention of any database.
    The database wasn't extant in 1988.
    The policy being recorded on the database is evidence of insurance under the act.
    Emails on a phone, even paper, are not always evidence of insurance - simply because they're so easy to forge or to retain after cancellation.

    If they were always taken at face value, it would be trivially easy for any uninsured driver to "prove" they were insured, and there would never be any uninsured cars impounded.

    Edit: S165RTA88 was actually added by the Serious Organised Crime and Police Act 2005.
    http://www.legislation.gov.uk/ukpga/2005/15/section/152

    The database wasn't extant then, either. So it's all down to what is considered "evidence", and that's down to legal precedent.
  • CCPECP
    CCPECP Posts: 101 Forumite
    Sorry just to clarify. It was October so the dates are the same but for 13/10/19 i was pulled over. My bad.

    Also at the time i was pulled i didn’t have my logbook. It came a few days later in the post. Now that i check when the plate was authorised on the logbook it says 12/10/19 and i was pulled on the 13/10/19

    For anybody questioning whether the old plate should’ve come up. They told me it comes up and is registered to me but isn’t insured. Admiral told me that this was because they took off the insurance from there and put it on the new plate when i told them to do so.

    AdrianC wrote: »
    I'm reading that as the change was done online on Tuesday 12th lunchtime, and the OP was pulled over at 11pm on Wednesday 13th. The V5C has come through in the post since then, showing an issue date of 12th.

    IIRC the ANPR systems in police cars are downloaded locally and searched off-line, while DVLA batch-process changes overnight.
  • CCPECP
    CCPECP Posts: 101 Forumite
    Hi

    I have this letter. I’ll try this thank you
    waamo wrote: »
    Get a letter from your insurance company stating that at the time of the stop you were fully insured. Send a copy to the investigating officer, making sure you keep the original.

    You may find it never reaches court. It will probably be dropped as soon as the prosecution see it. It's highly likely though you will be suited and booted waiting to go in when you are informed it's dropped.

    The prosecution often don't see the details until the very last minute
  • CCPECP
    CCPECP Posts: 101 Forumite
    Hi,

    I told them if they didn’t want to look at documents then i had the app / website details that i could login in front of them directly through admiral and it shows that my policy was live. They had already called the recovery services so i don’t think they were willing to do anything else. Decision was already made

    AdrianC wrote: »
    The database wasn't extant in 1988.
    The policy being recorded on the database is evidence of insurance under the act.
    Emails on a phone, even paper, are not always evidence of insurance - simply because they're so easy to forge or to retain after cancellation.

    If they were always taken at face value, it would be trivially easy for any uninsured driver to "prove" they were insured, and there would never be any uninsured cars impounded.
  • Car_54
    Car_54 Posts: 8,928 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Carrot007 wrote: »
    I hope after that (which I think you should win form the info you provided) you get charged for illegal number plate spacing if those in the sun are correct.
    Are you sure the spacing is illegal? Bear in mind the number is in the old (pre 2001) format.
  • CCPECP
    CCPECP Posts: 101 Forumite
    U seriously still here talking to me about shoes? Lol can you even save up to purchase a pair of Yeezy’s without missing your bills? I got a First in Chemical Engineering from a respectable university i don’t need you degrading it by bringing it up in an irrelevant matter. If you wanna shoot fire i’m happy to shoot it back let’s go
    Scrapit wrote: »
    Christ, I wouldn't be seen dead in those either. They just don't cut the mustard down the country club. Brogues are frowned upon. But feel free to cut about in your gangsta "crepes" kid.
    Got a degree but still got a lot to learn.
  • CCPECP
    CCPECP Posts: 101 Forumite
    Funnily enough the police didn’t have an issue with this but a few people on The Sun and this forum are obsessed with it. Even though i’ve said i’ve ordered new plates lol some people just love to dwell. It’s not even that bad, my plate is still readable i’m not obstructing anything it’s missing a space. Arrest me
    Car_54 wrote: »
    Are you sure the spacing is illegal? Bear in mind the number is in the old (pre 2001) format.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    CCPECP wrote: »
    Sorry just to clarify. It was October so the dates are the same but for 13/10/19 i was pulled over. My bad.
    October 12th was a Saturday, October 13th a Sunday - so that may well have added to the delay in getting things changed over.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Car_54 wrote: »
    Are you sure the spacing is illegal? Bear in mind the number is in the old (pre 2001) format.
    Doesn't matter. It's down to when the plates are manufactured.
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