Just had my bike seized unfairly!!

bradyios · Derestricted Danger Joined: 01 Mar 2012 Karma :

Hi BCF, I'm really annoyed (and cold) as I've been left in a retail park on my own, im 16, as my 50cc scooter has been seized!

Reason for this is that I accidentally joined a motorway for 1 exit, due to a white van forcing me up the sliproad after a roundabout! I pulled off at the nearest exit and rang my parents to find how to get back. While doing this I've been approached by a police officer, not on duty, who's followed me and said I'm dressed like the type that would go on the motorway for a laugh...

I apologised for it but he then reported me for a summonse, slappe me with 3 points, and seized my bike for driving without accordance to my licence... Im so mad and upset, what should I do, also, what will my insurance be like? Thanks :/

Fisty · Super Spammer Joined: 11 Apr 2007 Karma :

FFS what a jobsworth cunt.

Im afraid the outcome wont be pretty Sad

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Nick 50 · World Chat Champion Joined: 24 Jul 2011 Karma :

So the off duty cop seized it? Did he show his warrant card/ID?

Did he state what Statute/Section he was seizing it under?
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Benno · World Chat Champion Joined: 06 May 2012 Karma :

Nick 50 · World Chat Champion Joined: 24 Jul 2011 Karma :

binge · Emo Kiddy Joined: 02 Jul 2004 Karma :

Got a funny feeling we're only hearing half a story here.

Scooter de-restricted by any chance? Capable of more than 31mph?

Ben

P. · Red Rocket Joined: 14 Feb 2008 Karma :

Wearing trackies or a hoody with offroad lid? Laughing

Me being me, would have done the same though.

goto10 · World Chat Champion Joined: 16 Oct 2011 Karma :

binge · Emo Kiddy Joined: 02 Jul 2004 Karma :

Edit:

After a quick flick though your posts, I've seen this:

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

Andy_Pagin · World Chat Champion Joined: 08 Nov 2010 Karma :

They would only seize your bike if your licence didn't permit you to ride it, ie. It's a 50cc motorcycle not a moped, ie. you've de-restricted it. So how about telling us the truth, which you'll have to do in court anyway.
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jamm13dodger · Two Stroke Sniffer Joined: 23 Apr 2011 Karma :

Teenager thinks something is unfair? Hardly a shock I'm afraid. If it happened exactly as you say it's bad luck and hopefully you'll learn a lesson.

Good luck.

bikertomm · World Chat Champion Joined: 03 Jul 2010 Karma :

Hmmm, shitter.

If this is the true story then unlucky mate, that proper sucks.

If not, tell us the rest!

Thumbs Up

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bradyios · Derestricted Danger Joined: 01 Mar 2012 Karma :

That is the truth, I was prroprietly dressed, ankle protecting trainers, fairly thick jeans, with a waterproof jacket on, and its not derestricted and will go 40 downhill, 35ish on a straight.

The officer said he was so "passionate" about it that he rang another officer to bring a seizure notice to seize the bike, although I taked to this younger officer who believed me but seized it under the other ones orders.

The officer said that I'd get 3 points and would probably have to appear before a court. The sliproad I went up is just a thin road with no hard shoulder and I didn't know it was that far (3/4 miles) to the next exit, I thought there'd be one to come off on.

The reason he seized my bike was that I had a provisional licence and due to that, I can't ride on a motorway (which I know).

CaNsA · Super Spammer Joined: 02 Jan 2008 Karma :

That LC20 will be on your licence, along with 3pts, for the next 4yrs.

No need for a court appearance.

LordShaftesbu... · World Chat Champion Joined: 03 Sep 2008 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

sidewinder · World Chat Champion Joined: 24 Aug 2011 Karma :

Why did you not just stop as soon as you got on the hard shoulder?If you do go to court dress smart be polite act mature tell the truth and maybe just maybe the judge will take pity and be lenient with you.Any cctv about where the hard shoulder is?
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bradyios · Derestricted Danger Joined: 01 Mar 2012 Karma :

Kickstart · The Oracle Joined: 04 Feb 2002 Karma :

Nick 50 · World Chat Champion Joined: 24 Jul 2011 Karma :

Teflon-Mike · tl;dr Joined: 01 Jun 2010 Karma :

Benson_JV · World Chat Champion Joined: 04 May 2010 Karma :

Rogerborg · nimbA Joined: 26 Oct 2010 Karma :

https://3.bp.blogspot.com/_I0JyZiMKuh0/RzOs0WjowaI/AAAAAAAAADM/RteMGWICxRw/s400/sotp2.jpg
Write down everything that happened. Times, places, the whole story, don't drip feed it, it's bloody annoying for everyone involved, I've had to re-write this twice already.

Then get in touch with a specialist motoring solicitor, just for a chat initially.

Unfortunately, you're on shaky grounds.

It's fine to call out a uniform to seize the ped after the fact. He just has to have "reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1) [...which is...] it is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class."

Being told so by another copper is certainly reasonable grounds, and I don't see that you're denying it. You actually committed two offences: provisional license and under 50cc on a motorway. If you only get done for one of them, think yourself lucky.

There's a strictly theoretical loophole in the exact wording of the legislation if you were able to produce your license on the spot. But I doubt any court is going to swallow that, since your license didn't allow you to ride on the motorway.

On what you've told us so far, the coppers did it right. Whether they were right to do it is a very different question. Seems like a dick move to me, especially seizing it as well as prosecuting, but they're not all Dixon of Dock Green.

Best of luck, you're going to need it.
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bradyios · Derestricted Danger Joined: 01 Mar 2012 Karma :

I have just looked at the seizure notice and it was the non uniform officer that signed the form saying he was seizing it. The plain clothed one was just there to drop it off supposedly. Also, if I went to court, could I say I feel discriminated against; as the officer said I looked as if I wanted to go onto the motorway due to the way I had dressed (which wasnt really motorway-going clothing)?