Police seized car as said i was using for business

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Thu 6 May 2010 13:23
Police seized car as said i was using for business - fedupdriver71

I botrrowed a car the other day- 4th May. Silly me had not checked the tax disc and i was stopped by police for this- apparently it was untaxed. I phoned the owner of the car who offered to give officer ref number that he had got on phone taxing it then but they werent interested. So i get a £69 fine for failing to display- that i can swallow

However the police then started going all over the car. Tried to tell me that it couldnt have had MOT the previous week as I stated as a bit of rubber was coming off the BACK wiper ( my own car doesnt even have a back wiper so dont see how thats relevant)

Anyway he then asks me abouut my journey. I told him that i had been to collect my mother and dropped her in a local town, he then asked me about a box in my car so i said that i had offered to drop it off for a mate as it was en route

Je wasnt happy about this and insisted i needed business insurance for doing this ( i was doing someone a blasted favour) When he realised that i have SDP insurannce he gave me a ticket and said i would havbe to pay £200 fine and get 6 points on my licence

Then he phoned a recovery company and go the car taken away- it was actually my neighbours car

So yesterday we ( both myself and the car owner) go to the police station, show them documents ) tax disc had turned up by this time) both his and my insurance, MOT driving licences the lot- they stamped a form and we had to pay £150 to get car back

I supposed the question is "what next" I disagree that i was using the car for business purporses, the officer has no proof of thius and really dont need 6 points and a £200 fine, Can i dispute the fixed penalty

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Sat 8 May 2010 14:50
Police seized car as said i was using for business - OG

I certainly would. If they've no evidence a court can't convict. I suspect the police will not pursue the matter if you did dispute, they're just trying to bully you into paying up.

You certainly run into a nasty piece of work there.

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Tue 25 May 2010 12:19
Police seized car as said i was using for business - LucyBC

You don't have to accept the fixed penalty. You need to reject it and opt for court and plead not guilty.

Carrying a box is not business use. It only becomes business use if you carry the box in the course of business or are paid for carrying it. So if you are being paid for delivering it then it would be business use. Similarly if the box was carrying tools used in the course of a trade then that would be business use. If you were carrying tools that you were using for DIY then that would not be.

The court would need to be shown beyond reasonable doubt that you were acting in the course of business otherwise the case will fall. In these circumstances the police would not be likely to show that to the satisfaction of the court. So the case would be thrown out.

The chances are if you engaged a specialist motoring solicitor we could get it thrown out before the hearing. However recent legal aid changes mean that you would no longer recover all the legal costs you would be likely to incur - even if you pleaded not guilty.

On the issue of the MOT- an MOT is an investigation of a vehicle at a moment in time. It is a legal requirement but it does not warrant the good condition or safety of the vehicle after the test and charges can still be brought if there are safety defects - but no court is going to entertain charges brought on the condition of the rubber on a rear wiper.

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Thu 27 May 2010 21:48
Police seized car as said i was using for business - jayeastanglia

rear wiper is NOT tested in a mot test

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Thu 27 May 2010 22:06
Police seized car as said i was using for business - LucyBC

Neither are incorrect spacing on number plates or tints on windows but youcan still be prosecuted if they are defective.

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