How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

the police seized my car and am refusing to give it back

Customer Question

the police seized my car and am refusing to give it back
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I was ac cused of stealing a can of spray out of b and q the police searched my car and found nothing in it except empty Tesco shopping bags which I carry in the car because of this 5p levy now

Expert:  Jo C. replied 3 years ago.
Thanks

Have they taken no further action against you?
Customer: replied 3 years ago.

they have charged me for stealing it I have denied this and are waiting ctv footage

Expert:  Jo C. replied 3 years ago.
Are they using the car as evidence?
Customer: replied 3 years ago.

no not that I know off

Expert:  Jo C. replied 3 years ago.
Thanks. I just need 10 mins to type out an answer if thats ok?
Customer: replied 3 years ago.


yes that is fine

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

In a nutshell, unless they can prove that the car is not owned by you they should return it unless they intend to use it as evidence against you.

It is unlikely that they would given the facts that you describe.

However, the practical reality is that sometimes the police do refuse to return items.

If that does happen you can make an application to the court pursuant to the police property act for its return. It does take time to lay a complaint and there is no legal aid but it can be done.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

what is the pursuantcourt

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?
Customer: replied 3 years ago.

you had said to put in a application for a court pursuant
to the police what does that mean

Expert:  Jo C. replied 3 years ago.
You have to lay a complaint at the magistrates court for its return pursuant to the police property act.
Customer: replied 3 years ago.


how do I do that

Expert:  Jo C. replied 3 years ago.

You will have to ask the local court for the forms.

To be wholly honest though, this isn't a quick application and there are costs involved. You might want to check the status with the criminal case as it might all disappear into nothing before the complaint is heard.
Customer: replied 3 years ago.

thanks

Expert:  Jo C. replied 3 years ago.
No problem.

They will return it in the end one way or another.

Please remember to rate my answer

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions