my car has been impounded while on its way to a MOT

[hillmanimpman]

hi guys,
had a bad day today very angry the Nottinghamshire police
have decided they wont accept old car or classic car to going to and from pre-booked MOT and have impounded my vehicle because i was going home late last night in my car after finishing work and brokedown and siezed my car after try to get parts from lockup to repair it ( not breakdown covered atm but it was insured with lancaster).

i would like to know what i can do legally to get my vehicle back

please guys help as my triumph maybe crushed if i cant get it back soon
my car was traveling from melton to nottingham i was stopped by melton police they were ok with me telling me to have a safe trip cross over the boarder into nottinghamshire and trouble starts please help
if practical classics can do anything to save my triumph please do

[TerryG]

Having had my car impounded for no insurance (it was insured but not on the db as i had done it too late in the day) the only course of action available to get your car back is to pay for it then appeal and if you win get a refund.
As you say you were going home after finishing work that doesn't sound like you were on your way back from an arranged MOT but if you were and can get it in writing from the garage and show it to the fuzz you should win your appeal without problem and get your money back.
The longer you leave it, the more it will cost so do it ASAP.

[hillmanimpman]

the triumph is fully insured with lancaster insurance ,i left my car at garage and collected it after work and drove home, only reason they impounded it was because i went to get parts from my lockup in order to get my car home but i was heading home another 2 miles then got pulled over so i cant understand whats wrong and why they siezed it

[rich.]

good luck.... i really am not a fan of the police.

[Paul240480]

I think you issue is 'the going to or from a pre-booked MOT' . It is exactly that. You can go from home to MOT and from MOT to home . You can't go via work and then drive home afterwards of that if that is what do did?
You say it was late at night too , how can that be 'after an MOT?

So sorry, I think you may well be on a sticky wicket
Really hope you can save your Triumph. good luck.

[mach1rob]

If it was late at night and after MOT stations had closed then I can fully understand them impounding your car, however, if you have the fail sheet (I assume it didn't pass as it wouldn't be an issue then) that proves it was tested that day then I am sure as you have proof of insurance it won't be an issue.

I suggest you contact them and show them ALL the relevant documents, and if needs be get the garage who tested the car to issue a proper invoice and show them that too.

[suffolkpete]

The police do not have the power to seize a car for no MoT. Section 165A of the Road Traffic Act 1988 only allows them to seize the vehicle if it is being driven by an unlicensed/uninsured driver, unless they are arguing that because it had no MoT the insurance was invalid, which seems a bit dubious to me. The car will be kept for 14 days before it is crushed, so I would go round to the pound with your insurance documents, pay the fee and pursue a claim afterwards. If they say you need an MoT to take it away, then pre-book an MoT and drive it straight to the test station.

[Willy Eckerslyke]

There's an interesting discussion from the other side of the fence here:
http://www.policespecials.com/forum/ind ... y-vehicles
Bottom line appears to be as Pete says, no right to seize a car for being unroadworthy - that would be dealt with via a prohibition order instead.

[JPB]

John, it strikes me that naming the Polis in question in public forum might not be a good plan. Good luck with this.

[hillmanimpman]

removed now