Here, you can find out how to reclaim a vehicle that has been seized under Section 165A of the Road Traffic Act 1988. This means an officer had reasonable grounds to believe that the driver was uninsured or was not driving in accordance with their driving licence.
Vehicles can be seized for the following reasons:
Often a first warning is issued initially.
A uniformed officer requires a person to produce his/her driving licence and its counterpart (if applicable) for examination if requested.
If the person fails to produce them, and the officer has reasonable grounds for believing a motor vehicle is or was being driven by the person other than in accordance with a driving licence for that class of vehicle, the vehicle will be seized.
A uniformed officer requires a person to produce evidence that a motor vehicle is not or was not being driven without a valid certificate of insurance to cover its use.
If the person fails to produce such evidence, and the officer has reasonable grounds for believing the vehicle is or was being driven without a valid certificate of insurance to cover its use, the vehicle will be seized.
Drivers who fail to stop
A uniformed officer requires a person driving a motor vehicle to stop the vehicle when requested.
If the person fails to stop the vehicle when requested, or fails to stop the vehicle long enough, the vehicle could be seized.
This also applies to drivers who stop but then make off on foot.
Obstruction or dangerous to other road users
Attending officers will give the driver a reasonable time to remove their vehicle if it is causing an obstruction; if not the vehicle could be recovered.
For use as evidence
Under the Police and Criminal Evidence Act 1984 (PACE) police can recover any evidence, including vehicles, at a crime scene.
Road tax offences
Our role involves only the seizing of the vehicle and giving of a DVLA leaflet explaining how to get the vehicle back. We do not get involved in the release of the vehicle, as this is dealt with by the vehicle recovery company involved.
Statutory Off Road Notice (SORN)
In addition to untaxed seizures, the DVLA powers allow officers to seize vehicles seen driven on a road that have been declared as SORN.
Foreign-registered vehicles (FRVs)
The powers also allow officers to seize FRVs when they have been driven on a publically maintained road and have either:
Been in the UK for longer than six months (visiting, on holiday, etc).
Or if the driver/owner is a resident in the UK, then the 6 months does not apply and the vehicle must be registered, taxed and insured in the UK before it can be driven. There may be exemption to this in the case of foreign students.
How to reclaim your vehicle
If your vehicle is seized, you have seven working days to go to the relevant police station with the correct documents (see below) and have your seizure form (issued at the roadside) stamped by the police.
If after 14 days, you either haven’t reclaimed the vehicle or haven’t met the legal requirements to reclaim it, we'll dispose of it.
The correct documents you need to reclaim your vehicle
You'll need to take these documents to the police station:
the seizure notice issued at the roadside
the penalty ticket issued at the roadside (if applicable)
proof of ownership of the vehicle – ideally, this would be the V5C registration document; alternatively, you can produce the new keeper supplement of the V5C or a printed receipt for the vehicle but these documents will not be accepted on face value and further enquiries may be necessary.
your driving licence
your valid certificate of insurance, which must name the driver and be specific to the vehicle
If you can't produce the original documents, the release of the vehicle may be prevented or delayed and you could incur further storage costs.
All documents must be originals, we won't accept faxes and photocopies.
If we're not satisfied with your documents, we may:
refer the case back to the police officer who seized the vehicle (or a member of the Roads Policing or Vehicle Recovery departments).
ask you to return with alternative documentation.
Ultimately, if you can't provide satisfactory documents, we won't release your vehicle. We'll keep it for 14 days, then we'll dispose of it.
Trade or business insurance
You can use trade or business insurance to claim a seized vehicle as long as the policy:
names the driver who is collecting the vehicle
lists the vehicle on the stock list
Trade policies will only be accepted if accompanied by stock books and VAT registration certificate. The driver should also have declared to the police officer who seized the vehicle that they were driving the vehicle for business purposes.
We won't accept documents at face value, we'll carry out checks with the DVLA and Motor Insurers' Bureau. We might also make direct contact with your insurance company.
Please note, this could lead to your insurer withdrawing cover if you haven't told them about any driving convictions or pending convictions.
If someone is reclaiming the vehicle on your behalf
The vehicle must be reclaimed by the person who owned it when it was seized by us and you can't sell the vehicle while it's in our custody.
However, you can come to the police station with a nominated driver to collect the vehicle. You'll have to prove you own the vehicle and your nominated driver will have to show they have appropriate insurance cover and a valid driving licence.
Please note, the nominated driver can't use their own comprehensive insurance.
Releasing the vehicle
Once the officer is satisfied your documents are in order, they'll stamp the seizure notice and tell the recovery operator who's holding your vehicle for Sussex Police. They'll also email the recovery yard, authorising the release of the vehicle. You can then usually go straight to the garage/pound (check opening times first) and collect your vehicle.