Can they really confiscate her car?
Can they really confiscate her car?
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Discussion

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
I've just had a call from a friend. She was stopped by the Police and informed that according to their records she has no insurance on her car. She was shocked to say the least, as she is very law abiding.
Anyway, the confiscated her car, and left her stranded 10 miles from home. She managed to get someone to pick her up and get her home. She has checked her papers and her insurance had indeed lapsed - just 4 days ago! It was a genuine error on her part, but she now has to pay £120 to get get her car back, plus 6 points on her license plus a £200 fine (according to the police)
Surely this cannot be correct? How can the Police not know that her insurance had only just lapsed? Is there no discretion for what is clearly an error?
More worryingly, how could the police cofiscate her car and leave her stranded under such conditions? I mean its not as if she's never had cover on it? All it took was one phone call when she got home to reinstate the cover properly.
I'm torn between saying to her " its yer own fault, keep an eye on your renewal dats in future" and feeling a bit agreieved at (whay seems to me to be) a lack of common sense by the Police

Whats the view on this out there?

BigBob

1,471 posts

256 months

Friday 23rd March 2007
quotequote all
How would she/you feel if in the last 4 days she had had an accident though?



BB

xxplod

2,269 posts

275 months

Friday 23rd March 2007
quotequote all
Well, it's a bit tough on your friend but at the end of the day, the offence was there, whether it's 4 days or 4 months. With the new powers to seize uninsured cars, they usually are.

A tough lesson, but there you go.

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
xxplod said:
Well, it's a bit tough on your friend but at the end of the day, the offence was there, whether it's 4 days or 4 months. With the new powers to seize uninsured cars, they usually are.

A tough lesson, but there you go.


Yes, I know you're right, and it would indeed have been terrible if she had had an accident in those 4 days. I suppose what sits a little uncomfortably with me is the fact that she clearly had insurance on the car until very recently, and has owned the car for several years. Its well maintained. In other words she's not some chav who's never had cover or such like, but nevertheless she's treated as if she is.

As a matter of interest, if she had had a passenger in the car, could that passenger have driven the car home on his/her insurance or would it still have been confiscated?

Denis O

2,141 posts

274 months

Friday 23rd March 2007
quotequote all
How on earth can you forget to renew your insurance???? It's not like you take it out and have to remember it a year later. All insurance companies send out a renewal notice around 28 days before renewal date. So that's when you get competitive quotes and either renew or go elsewhere.

Something doesn't sound right with this.

shuvitupya

3,340 posts

248 months

Friday 23rd March 2007
quotequote all
What if everyone forgets to renew their insurance?

It's bad enough with all the people deliberately driving uninsured.

She was driving illegally, so the Police had every right to confiscate the car, and good job too!

It might make your friend wake up when it's time to renew the insurance.

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
Denis O said:
How on earth can you forget to renew your insurance???? It's not like you take it out and have to remember it a year later. All insurance companies send out a renewal notice around 28 days before renewal date. So that's when you get competitive quotes and either renew or go elsewhere.

Something doesn't sound right with this.


There's nothing sinister here at all. She simply miss-read the renewal document. Its an error, and she holds her hands up to it completely. In fact she's absolutely mortified that she's made this mistake (and not simply because of the punishment she's received/going to receive) This lady is very law abiding.
It just didn't seem right to me to confiscate someones car for what was obviously an error, (the Police records would surely show that the cover had only just lapsed) especially as she was a single female, 10 miles from home.

It must be wonderful for you, never making a mistake.

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
shuvitupya said:
What if everyone forgets to renew their insurance?

It's bad enough with all the people deliberately driving uninsured.

She was driving illegally, so the Police had every right to confiscate the car, and good job too!

It might make your friend wake up when it's time to renew the insurance.


And do you never forget to keep to 70mph on the motorway?
There are degrees of offence surely? Do 100mph, get a ban. Do 77mph, get a telling off.
Overlook your insurance by 96 hours is not the same as "never buy insurance cover ever"
Sheesh!

vonhosen

40,597 posts

248 months

Friday 23rd March 2007
quotequote all
andymadmak said:
Denis O said:
How on earth can you forget to renew your insurance???? It's not like you take it out and have to remember it a year later. All insurance companies send out a renewal notice around 28 days before renewal date. So that's when you get competitive quotes and either renew or go elsewhere.

Something doesn't sound right with this.


There's nothing sinister here at all. She simply miss-read the renewal document. Its an error, and she holds her hands up to it completely. In fact she's absolutely mortified that she's made this mistake (and not simply because of the punishment she's received/going to receive) This lady is very law abiding.
It just didn't seem right to me to confiscate someones car for what was obviously an error, (the Police records would surely show that the cover had only just lapsed) especially as she was a single female, 10 miles from home.

It must be wonderful for you, never making a mistake.



The power to confiscate vehicles was introduced to help deal with the growing number of uninsured vehicles on our roads, a problem that your friend was contributing to. If only they could get all uninsured vehicles off the road within 4 days. Personally I'd rather that be the norm, than complain about it.

rich 36

13,739 posts

297 months

Friday 23rd March 2007
quotequote all
Law abiding or not

she hits someones car she's not insured for whatever reason
she won't get insurance pre-dated to cover it

who's paying for the damage then



sorry this is fair



and yes I'd expect the same

herewego

8,814 posts

244 months

Friday 23rd March 2007
quotequote all
Personally, I’d come down on the side of, she had harsh treatment. However I don’t think the police would have renewal dates. I would be surprised if they knew more than simply whether it was insured or not.

chrispy porker

17,741 posts

259 months

Friday 23rd March 2007
quotequote all
so the police do what?
She cannot drive it.
the vehicle cannot be left on the road until she gets insurance.
How much grace would you like to be given to people before the law is applied?
Days? weeks?
What difference does the fact her insurance ran out 4 days ago make? Or the fact she was female for goodness sake!
I accept that there is a personal safety issue possibly, but to suggest she should receive preferential treatment is ridiculous.
What if she had been allowed to carry on with her jouney and had an accident a mile down the road?.

heebeegeetee

30,231 posts

279 months

Friday 23rd March 2007
quotequote all
The trouble is, the law doesn't differentiate between those who never buy insurance, and those who have made a mistake.

Actually, I'm wrong, the law does differentiate. The police tend not to confiscate the cars of the criminal motoring fraternity, because it means the car stays in their pound at their cost and the car has to be crushed at their cost. I believe the police tend to try to take action only where costs can be recovered or even a profit can be made, I'm afraid. So therefore little is done about the serial criminals, but a law abiding person who has made a mistake gets to feel the full weight of the law, as per usual.

And of course, with the chav/crim fratrnity, nothing gets achieved. If they crush some old banger, which hasn't seen an mot, tax or insurance for years, matey boy simply buys another car off the pub carpark for 40 quid and carries on driving.

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
vonhosen said:
The power to confiscate vehicles was introduced to help deal with the growing number of uninsured vehicles on our roads, a problem that your friend was contributing to. If only they could get all uninsured vehicles off the road within 4 days. Personally I'd rather that be the norm, than complain about it.


As a matter of interest, is that power to confiscate mandatory? ie, did the officer have no choice in the matter?

Also, as I have said, the lady has fully accepted what has happened and accepts her fault. She is not complaining.
I'm just uncomfortable with the idea of leaving someone stranded like that, when there was clearly no deliberate attempt not to insure, merely an error.
I have had personal experience of computers being wrong. What if your daughter is out at night, in a properly insured car but the Police computer says its not? Would you be happy for the cops to leave her stood at the side of the road, god knows where?

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
chrispy porker said:
so the police do what?
She cannot drive it.
the vehicle cannot be left on the road until she gets insurance.
How much grace would you like to be given to people before the law is applied?
Days? weeks?
What difference does the fact her insurance ran out 4 days ago make? Or the fact she was female for goodness sake!
I accept that there is a personal safety issue possibly, but to suggest she should receive preferential treatment is ridiculous.
What if she had been allowed to carry on with her jouney and had an accident a mile down the road?.


She was in a car park. They could have left her there whilst she phoned someone to come over and drive her home (on their insurance) As I said... was the confiscation mandatory?

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
heebeegeetee said:
The trouble is, the law doesn't differentiate between those who never buy insurance, and those who have made a mistake.

Actually, I'm wrong, the law does differentiate. The police tend not to confiscate the cars of the criminal motoring fraternity, because it means the car stays in their pound at their cost and the car has to be crushed at their cost. I believe the police tend to try to take action only where costs can be recovered or even a profit can be made, I'm afraid. So therefore little is done about the serial criminals, but a law abiding person who has made a mistake gets to feel the full weight of the law, as per usual.

And of course, with the chav/crim fratrnity, nothing gets achieved. If they crush some old banger, which hasn't seen an mot, tax or insurance for years, matey boy simply buys another car off the pub carpark for 40 quid and carries on driving.


Ahhh
Now it makes sense

Andy

wassy

632 posts

286 months

Friday 23rd March 2007
quotequote all
heebeegeetee said:
The trouble is, the law doesn't differentiate between those who never buy insurance, and those who have made a mistake.

Actually, I'm wrong, the law does differentiate. The police tend not to confiscate the cars of the criminal motoring fraternity, because it means the car stays in their pound at their cost and the car has to be crushed at their cost. I believe the police tend to try to take action only where costs can be recovered or even a profit can be made, I'm afraid. So therefore little is done about the serial criminals, but a law abiding person who has made a mistake gets to feel the full weight of the law, as per usual.

And of course, with the chav/crim fratrnity, nothing gets achieved. If they crush some old banger, which hasn't seen an mot, tax or insurance for years, matey boy simply buys another car off the pub carpark for 40 quid and carries on driving.


Rubbish.
The recovery costs are funded by Insurance companys ( operation Takeaway ) costs the police nothing.
Belive me your average cop gets more satisfaction by hitting the scum than 'decent' folk however, if you stop a vehicle that has no insurance you are duty bound to recover that vehicle.
She's going to be even more peed off when she gets her summons for no insurance

chrispy porker

17,741 posts

259 months

Friday 23rd March 2007
quotequote all
I would have ensured that she was safe.
As a matter of interest the idea that the police only seize 'decent' cars because of the cost is nonsense.Completely and utterly.
I work quite closely with a vehicle crime team who like nothing better than taking some scrotes car off them.
In fact they actually target such people.Getting such drivers banned is a good way of combatting crime.

Frik

13,692 posts

274 months

Friday 23rd March 2007
quotequote all
It's a shame she's not as perfect as some of the people on this thread, but then that's the problem with draconian punishments, sometimes it's not just those nasty criminals that suffer.

andymadmak

Original Poster:

15,726 posts

301 months

Friday 23rd March 2007
quotequote all
wassy said:
if you stop a vehicle that has no insurance you are duty bound to recover that vehicle.


So you are saying the confiscation was mandatory, no officer discretion allowed? If this is the case then clearly the Policeman did exactly what he had to do under the law.