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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 79531
Experience:  Over 5 years in practice.
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I was stopped by the police yesterday morning on my way to

Customer Question

I was stopped by the police yesterday morning on my way to work, I was informed after he had cautioned me that my car had no tax on it.
I said I could tax it there and then and that it was an oversight.
He informed me that this was no good and that they had to take the car. The car had MOT and insurance and was in a road worthy condition.
I asked over and over again why he had to take the car he just said it was his power to do so under devolved DVLA powers. I taxed the car whilst we we there. I spoke to the DVLA and police 101 as instructed by the officer.
Whilst sat in the car the officer lunged for my keys grabbed my hand and twisted it around. I have been to hospital and now have a splint and pain in my wrist elbow and shoulder as well as torn tendons and a swollen thumb
The recovery truck turned up and took my car he took my car and they left me at the side of the road.
I had to get home get my documents get to the recovery yard, show my documents pay £100 release fee and then I was able to take my car.
Can they do this?
Submitted: 14 days ago.
Category: Traffic Law
Expert:  Jo C. replied 14 days ago.

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 14 days ago.
Thank you
Expert:  Jo C. replied 14 days ago.

Thanks for the information

The reality is that he didn’t have to do this. He just chose to exercise his discretion against you. Unfortunately he is allowed to that as that is what a discretion is.

It does seem rather excessive but if you weren’t taxed then that is an offence I’m afraid.

You can obviously try to negotiate although they tend to be fairly insistent at this stage.

I’m afraid some officers just enjoy the exercise of power.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 14 days ago.
What can I do about the injuries sustained at the road side
Expert:  Jo C. replied 14 days ago.

You do have the option to make a complaint about that but I wouldn't advise it. The officer will be saying that you didn't cooperate in some way and that is why he had to take that action. Whether that is true or not, he is not going to admit an assault just for the asking.

If you make a complaint, I would not be surprised if you were charged with assault on PC or an emergency worker or obstructing. They can be very childish

Good to talk to you.

Customer: replied 14 days ago.
That seems rather unjust as I have lost time off work, been physically injured and all for an oversight of Vehicle tax. All because an officer was on a power trip.
Expert:  Jo C. replied 14 days ago.

It is rather unjust.

Some officers are just using their position to bully people.

But it depends on your appetite for risk.

Customer: replied 14 days ago.
The officer at no point said I had injured him. He said he felt threatened so called for backup. He said I was going to drive off but I never started the engine.
At no point did he say I committed any offence. If I refused to let them take the car I would be arrested but I didn't stop them taking the car I just waited with the car until it was collected.
The car was also damaged in the recovery so a truly bad day
Expert:  Jo C. replied 14 days ago.

Ok.

Then you can make a complaint.