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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70706
Experience:  Over 5 years in practice
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Police seized my sons pit bike all his documents were in order

Customer Question

Police seized my sons pit bike all his documents were in order but now the garage where its being held will not release it because it has no vrm.it has been checked and proved that it not stolen.what rights do we have
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 3 years ago.

What do we do next, is it legal for them to force us to register it, and if it has been checked with the police computer and is not stolen what right has the garage not to release it.the police have given us a release notice.this is an off road bike.

Expert:  Jo C. replied 3 years ago.
Why did they seize it?
Customer: replied 3 years ago.

He had been pushing it along the road and then started it up .that is not the issue I know they have the right to do that but we were told he would get it back if we provided all documents asked for,which we did and they gave us a release notice ,now they are saying it has to be inspectedI by traffic police to make sure its not stolen even though it was checked at the side of the road.when I spoke to the garage they were surprised I was willing to pay to get it back,they informed me that no one really bothers to get them .I am already being charged 150 for recovery which was just for it being thrown in the back of a police van and 10 per day for storage.

Expert:  Jo C. replied 3 years ago.
Well, its not that simple actually.

Their rights of seizure affects their rights of retention. They are perfectly entitled to check that it isn't stolen or subject to ringing and that type of thing cannot be done at the road side. Its a complicated business of checking VIM numbers.

If this is in an independent garage though then there is no point in negotiating with them. They will be obeying the commandments of the police. You need to negotiate with the police.

You can always lay a complaint at the local Magistrates Court pursuant to the Police Property Act if they are retaining something to which they have no right. That isn't all that expensive but its not very quick either. If they are just checking that its not stolen then you might find its been returned before the complaint is heard.

The other alternative is to sue the force for the value of the bike at the small claims court.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you ,no thats fine.I just got the impression that the police were being awkward first they say we can have it now we have to wait .we were told that they don't like returning them.

Expert:  Jo C. replied 3 years ago.
Well, that is probably true. The question is what can be done about it. There is no doubt that they are exercising discretion against him for their own childish reasons.