Vehicles can be seized for various reasons: In the case of careless driving prosecutions, often a first warning is issued initially. The judge roundly criticised North Wales police for doing this and set a timetable for the hearing of her compensation claim. The proper analysis is that insurance law draws a distinction between policies which are “void” or “voidable”. The result is that the vehicle is impounded and will only be released on payment of a fee (with certain exceptions under section 60). The guarantee applies both to civil proceedings and, in the words of the article, "the determination … of any criminal charge.". A man spent £30,000 of his savings on a failed legal battle "for justice" over a £100 speeding fine. My concern is that this fee effectively amounts to an on-the-spot fine with no available recourse to the courts other than the possibility of instigating judicial review proceedings. The same provision applies if someone causes or permits another person to use a vehicle. Police stopped it and asked for evidence of insurance. On the 29th of May 2020 the High Court decided that North Wales Police were wrong to dispose of someone’s motorhome by auction after deciding an insurance certificate wasn’t valid. Seizing vehicles is covered by Section 59 of the road traffic act. The costs of impounding the vehicle will be at least £150 and the daily storage rate £10 for a motorbike and at least £20 for any other type of vehicle. The notice apparently contained a warning that the steps had to be taken within 7 days or the vehicle could be sold or scrapped. In simple terms, if you are not insured for the vehicle then the police have the power to seize the vehicle, remove it to a compound and either fine you before it is returned, or is empowered to have the vehicle crushed. Our dedicated Crime Team can ensure you have representation at the Police Station, Magistrates Court, Crown Court or Appeal Court depending on your requirements. If you take a chance by driving without car insurance, this can be the result. Provided that he/she is in uniform a police officer has the right to seize a motor vehicle if he/she has reasonable grounds to believe that the vehicle is being (or has been) driven carelessly or illegally off-road and that this is causing, or is likely to cause, alarm, distress or annoyance to members of the public. Mrs Linse had produced both but the officer decided that the convictions apparently recorded against her name rendered the policy, as he put it, “invalid”. Again the owner can recover the vehicle on payment of the same charges but only if they provide proof that they had the licence and/or insurance that the police officer thought they didn't have. Her vehicle had been dismantled. The case came to court because in October 2019 North Wales police seized a motorhome. Police Reform Act 2002 powers to search for and seize alcohol and tobacco. They were heavily criticised for doing this because when they did so the case was already before a High Court judge. No comments so far - why not be the first? Enter a premises to gain access to a vehicle, Use reasonable force as and when necessary. Speed Detection Devices Not Necessarily Conclusive. Driving whilst using a mobile telephone – the law clarified, Driver Alcohol Detection Systems for Safety (DADDS). It is Regulation 5 which applies in the circumstances faced by Mrs Linse. Mr and Mrs Linse were in the vehicle, being driven by Mr Linse. Measures that interfere with a person's possessions, such as seizing them and then charging to give them back, have to have a legitimate purpose, be surrounded by sufficient safeguards and be proportionate. Seizing vehicles is covered by Section 59 of the road traffic act. Mrs Linse quickly started judicial review proceedings to challenge this and she won. UK police have the powers to seize vehicles if they believe they are being used to cause alarm, distress or annoyance. She went back to the police station with the documents which again the officer decided were not valid. Police can be very opinionated when it comes to insurance, frequently determining whether in their view insurance is valid or not.

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