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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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How long can police keep my vehicle impounded under

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How long can police keep my vehicle impounded under investigation
JA: Have any charges been filed? If so, when is the next court date?
Customer: No charges have been filed
JA: Where did this occur?
Customer: Northampton
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, it seems like the officers kept my vehicle to be spiteful because they did not find anything against me, also I am a black male so I feel like that played a part.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 17 days ago.
Hello
Customer: replied 17 days ago.
Can we talk on chat

Thank you.

it depends for what you are being investigated.

They can seize this as evidence if you are under investigation.

If this is a summary only offence then they have to lay an information within 6 months.

If not, then time limits are not an issue.

They can retain evidence throughout an investigation.

I'm afraid that at the moment, things are taking a very long time.

The only hope is that this is summary only.

Im sorry but I have to tell you the truth.

Hope this helps. Please let me know if you need more information.

Please remember to rate my answer 5 stars because giving a 5 star rating really helps me.

Jo

Customer: replied 17 days ago.
it’s a summary only investigation.What about the daily charges will they keep increasing?

They will I'm afraid although not usually at the impound rate if the vehicle is seized as evidence.

Customer: replied 17 days ago.
Is there any way to fight this because at the beginning of everything I was the victim, I made the phone call to the police that my vehicle was being hijacked, I am banned from driving but at that moment I moved into the drivers seat to get away from the people who was also carrying weapons, there was witnesses who was there that told my story for me but the officers still arrested me because they thought I wasn’t the owner of the vehicle and because I was not insured they didn’t even care about my bruises or minor stab wound they arrested me and later on found out that I was telling the truth they released me with no charges but the officer said the reason for keeping my vehicle under investigation was because I wasn’t “talking to them nicely” when I they booked me at the station, although they know I was already distressed. There must be a way to fight this because I don’t believe they’re investigate I think they’re doing this just to make a point.

not really. I am sorry but I have to tell you the truth.

You are disqualified and they found you driving.

You might well have a defence to that although we both know how hard duress is to run.

But that doesn't mean that they cannot investigate the driving on a ban.

If you are on a ban then Im afraid it will be impound fees as well. This is not an evidentail seizure. This is just a simple impound because they cannot lawfully release it to you.

Even if they had been willing to investigate your allegation, the vehicle seizure was the only option.

It might very well be they are fairly unsympathetic. Officers are not always good models.

But they are entitled to do this.

Customer: replied 17 days ago.
Okay I understand, thankyou for your advice and honesty

No problem. Im so sorry, you've been unlucky here.

All the best.

Please remember to rate my answer 5 stars because giving a 5 star rating really helps me.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 16 days ago.
Hello

hi.

Customer: replied 16 days ago.
I’ve sent a image of the letter I recieved how do I sort this problem if I am banned from driving

How did you come to be the registered keeper if you are banned?

Happy to continue but please rate my answer.

Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 16 days ago.
I have been the owner of the vehicle since April 2019.
Customer: replied 16 days ago.
Currently I have no licence but when I owned the vehicle I had one & insurance. I can’t provide the information they’re asking me to. I changed the vehicle into my dads name a few weeks prior to the incident, can my dad go collect the vehicle if he’s now the registered keeper and he’s insured on the vehicle or do they still try ask me to provide my information.

The retention and release of seized vehicles arises from theRoad Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles)Regulation 2005/2016

S5 covers the release of vehicles. It demands that a person satisfies the policethat he is the registered keeper or the owner of that vehicle, pays therelevant charge and produces of the police station are valid certificate ofinsurance covering his use of that vehicle and a valid licence authorising himto drive then the vehicle can be released.

Where a person cannot show a certificate of insurance theycan nominate a third person who produces a valid insurance certificate coveringthe use of the vehicle and a valid driving licence then the vehicle can bereleased.

So, as long as you transfer to him and he has insurance that should be fine.

Customer: replied 16 days ago.
Okay great because I’ve transferred the V5C to him so all he needs to do is get the insurance on the vehicle and it shouldn’t be a problem.

That shoud work.

Customer: replied 16 days ago.
Thankyou again.

Welcome.

Best of luck