united-kingdom criminal-law vehicle search-and-seizure damages
Letter of notice for seizure of car in UK
<p>I have 2 friends in the UK.</p>

<p>Friend A has a valid driving license, Car, Mot and insurance</p>

<p>Friend B has no driving license</p>

<p>Friend A let friend B drive his car whilst friend A sat in the passenger seat and they got pulled over by the police. They where both drunk and Friend B got arrested for driving without insurance and a valid driving license and also driving whilst drunk.</p>

<p>Friend A's car got seized by the police as he was unable to drive it home, The only documentation the police gave to friend A when the car was seized is a business card for the company that seized it.</p>

<p>To my understanding the police have to issue you a notice of seizure (when you are present) that they have taken your car, how and where to pick it up and also that there is an appeal process. The police did none of these things and friend A had to spend an entire day calling several different numbers (police and company who seized the car) to try and piece together the process of retrieving his car.</p>

<p>Has friend A got any chance of disputing the cost of the seizure as the police didn't issue the notification?</p>

<p>Also what consequences could Friend A face for knowingly allowing friend B to drive his (Friend A's) car whilst he was drunk and didn't hold a valid license or insurance?</p>

<blockquote>
  <p><strong>Has friend A got any chance of disputing the cost of the seizure as the police didn't issue the notification?</strong></p>
</blockquote>

<p>I don't think so (see below for why), but you should pay a lawyer if you need legal advice.</p>

<p>The met <a href="http://content.met.police.uk/Article/Reclaiming-a-Seized-Vehicle/1400028464360/1400028464360" rel="nofollow noreferrer">say</a></p>

<blockquote>
  <p>A FORM 3708 seizure notice will have been given to the driver <strong>where practicable</strong>, giving full instructions on the reverse. A notice letter will also be sent to the registered keeper, if they were not the driver. In the meantime, this information will assist you.</p>
</blockquote>

<p>(my emphasis).</p>

<p><a href="http://www.legislation.gov.uk/ukpga/1988/52/part/VII/crossheading/powers-of-constables-and-other-authorised-persons" rel="nofollow noreferrer">Section 165A of the Road Traffic Act 1988</a> does not, so far as I can see, mention any legal requirement for the Police to issue a paper document at the time of seizure.</p>

<p>Here's 165A in full</p>

<blockquote>
  <p>165A Power to seize vehicles driven without licence or insurance</p>
  
  <ol>
  <li><p>Subsection (5) applies if any of the following conditions is satisfied.</p></li>
  <li><p>The first condition is that—</p>
  
  <p>a. a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination,</p>
  
  <p>b. the person fails to produce them, and</p>
  
  <p>c. the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1).</p></li>
  <li><p>The second condition is that—</p>
  
  <p>a. a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,</p>
  
  <p>b. the person fails to produce such evidence, and</p>
  
  <p>c. the constable has reasonable grounds for believing that the vehicle is or was being so driven.</p></li>
  <li><p>The third condition is that—</p>
  
  <p>a. a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle,</p>
  
  <p>b. the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and</p>
  
  <p>c. the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143.</p></li>
  <li><p>Where this subsection applies, the constable may—</p>
  
  <p>a. seize the vehicle in accordance with subsections (6) and (7) and remove it;</p>
  
  <p>b. enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;</p>
  
  <p>c. use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).</p></li>
  <li><p>Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it—</p>
  
  <p>a. in a section 87(1) case, if the person does not produce his licence and its counterpart immediately;</p>
  
  <p>b. in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.</p>
  
  <p>But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.</p></li>
  <li><p>If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.</p></li>
  <li><p>The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force.</p></li>
  <li><p>In this section—</p>
  
  <p>a. a reference to a motor vehicle does not include an invalid carriage;</p>
  
  <p>b. a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a);</p>
  
  <p>c. “counterpart” and “licence” have the same meanings as in section 164;</p>
  
  <p>d. “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.</p></li>
  </ol>
</blockquote>

<hr>

<blockquote>
  <p><strong>Also what consequences could Friend A face for knowingly allowing friend B to drive his (Friend A's) car whilst he was drunk and didn't hold a valid license or insurance?</strong></p>
</blockquote>

<p>A few random thoughts:</p>

<p>B is clearly committing several criminal acts and A appears to have possibly aided and abetted them.</p>

<p>I imagine A's insurance company <em>might</em> consider this invalidates A's insurance.</p>

<p>I'm just some random bloke in the intertubes, not a lawyer.</p>
