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| SlimRick |
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 SlimRick World Chat Champion

Joined: 29 Sep 2008 Karma :  
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 Posted: 14:16 - 04 Sep 2010 Post subject: Having you car or bike seized - hypothetical question |
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Following on from this on the BBC:
https://www.bbc.co.uk/news/uk-england-manchester-11187747
If you get your car or bike seized for any reason by the rozzers, are you obliged to give them the keys?
The recovery people don't necessarily need them to winch it up onto a recovery truck so surely you're not stopping them from taking it if you refuse to hand over the keys. |
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| N cee thirty |
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 N cee thirty Banned

Joined: 31 Jan 2010 Karma :     
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| Asharin |
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 Asharin World Chat Champion

Joined: 05 Oct 2008 Karma :  
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 Posted: 16:04 - 04 Sep 2010 Post subject: |
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I was just about to post a link to that page, good thing I checked first!
I think those 2 coppers are going to get reamed by their superiors
I wouldn't like to be the one to go and tell the owner... |
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| colin1 |
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 colin1 Captain Safety
Joined: 17 Feb 2005 Karma :  
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 Posted: 17:01 - 04 Sep 2010 Post subject: |
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Funnily enough, i just gave the answer to this question in another thread about the v5.
Basically, when you sign the v5, you sign away your legal ownership of the car in return for being able to use the roads, and you are signing to say that you will accept the charges for using the roads. It's a contract in which you agree to their rules.
So consequently, if the policeman is acting to take control of the states property 'your' car, he is legally authorised to do so. Whether the policeman was acting as an agent of the state or whatever the legal jargon would be, or whether he just effectively persuaded someone to hand over the keys to him as a private individual, is another matter. Personally I think if you hand the keys over, you have given consent for it to be driven.
The policemen probably shouldnt have driven it however, as they probably wouldnt be insured to drive it. Using a recovery company to remove vehicles seems like a good idea to avoid the risk of policeman crashing something and the legal consequences of that.
If they were insured to drive it, its more a case of not following the correct protocol of moving it, or in this case more like dangerous driving. ____________________ colin1 is officially faster than god |
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| reggie |
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 reggie Spanner Monkey
Joined: 22 Dec 2009 Karma :  
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| multijoy |
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 multijoy World Chat Champion

Joined: 03 Oct 2008 Karma :   
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 Posted: 17:36 - 04 Sep 2010 Post subject: |
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| colin1 wrote: | Funnily enough, i just gave the answer to this question in another thread about the v5.
Basically, when you sign the v5, you sign away your legal ownership of the car in return for being able to use the roads, and you are signing to say that you will accept the charges for using the roads. It's a contract in which you agree to their rules. |
Lol wut?
The only part of the vehicle the state (the DVLA, in this case) owns is the registration. A v5 is a registration document, and shows to whom the vehicle is registered to and thus who is responsible for the various charges, etc.
The DVLA can rescind registration from time to time, for various reasons. They do not need to sieze the vehicle to do this. The practical upshot is that the vehicle cannot be driven on public roads until registration is re-obtained; DVLA can, depending on the circumstances, put various conditions on this or indeed refuse to do so at all. This is the only claim on the vehicle the state has.
The police's (and the DVLA's) powers to sieze are statutory, they've nothing to do with any contract between you and the state and don't change the fact that you own the physical vehicle until such time as you sign it away or it is confiscated. ____________________ '11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on. |
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| G |
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 G The Voice of Reason
Joined: 02 Feb 2002 Karma :     
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| Phoenix |
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 Phoenix Twisted Firestarter

Joined: 01 Aug 2002 Karma :    
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| Nexus Icon |
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 Nexus Icon World Chat Champion
Joined: 26 Aug 2010 Karma :   
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| MinhDinh |
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 MinhDinh World Chat Champion

Joined: 01 Jan 2005 Karma :     
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 Posted: 19:42 - 04 Sep 2010 Post subject: |
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Well if they did that on a bike, they would mostlikely die so I doubt they will jump on a bike ^^ ____________________ Hit the G spot.  |
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| Mister James |
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 Mister James I want to believe!

Joined: 10 Aug 2004 Karma :     
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| ajbsmirnoff |
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 ajbsmirnoff World Chat Champion

Joined: 09 Dec 2009 Karma :  
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| multijoy |
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 multijoy World Chat Champion

Joined: 03 Oct 2008 Karma :   
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| Mister James |
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 Mister James I want to believe!

Joined: 10 Aug 2004 Karma :     
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Old Thread Alert!
The last post was made 15 years, 145 days ago. Instead of replying here, would creating a new thread be more useful? |
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