Good luck mate!

DKnight for Forum Soliciter!!

But seriously dude, I've been in a similar circumstance in the past...

99% of the time there's a way for the cops to win. Its just how it is, even if there aren't written rules, they can have the last say, and sadly alot of cops, although not all, tend to abuse this power.

I and alot of people here fully support you if needs be, and you have to fight the case, but..

If/when you get the car back, and it passed the inspection, my advice would be to take any fines on the chin. Obviously the impound costs are a bastard, and the fine for pressed plates.. but if they're the only things you get fined for then i'd take that with a pinch of salt and leave it be.

If, however, they do try to bend you over for the suspension issue, and they state that that was the actual reason for taking the car, then by all means take a stand against the conning bastards.

Best luck whatever the outcome..

cheers everyone for your support

all this has made me realize how much i appreciate my car, not jsut cos its a modded polo etc but that i use it every day & how much it can fuck things up not having it!

i will take the fine for the plate, iv said that all along as i know its illegal to run it without one on the front, the wheels i may fight & see where it gets me but that depends, but the sespension they can fuck right off!

i forgot to mention, when i phoned the police officer himself eallier i asked what the exact reasons were why he took it, he said the suspension, & the lack of arch gap....

now i dont know where that leaves me but i wil have to see how the results are

i still havnt recived a phone call & now highly doubt i will tonight

my mum will keep on the case for me tomoro seeing as shes at home after being made redundent yesturday [yes its all going very well for my family!] & she will fight for me lol

once again I'm very greatful for your support

like iv said loads of times, i can only wait, take it as it comes & go from there

I'm going to be praying for a good result

hope this goes well for you mate,i had the old push down on the wing before,the guy had me in creases

dont take the fine on the plate, you arent at liberty to lol

i look forward to the reply

again you haven't done anything wrong, if the arch gap was an issue, and he said the suspension was too stiff, then if thats the case, the arch gap wont move???

i look forward to the reply!

Mate i feel for you, like iv said before I think that your polo is one of the nicest MK4s on the forum. Hope everyone works out for you !!

good luck mate!! i hope you get the wheel situation sorted!! if you do...I'm down the local cop shop in the morning!!!! :-)

Best of luck getting it back. Best thing to do its get some legit plastic plates and fettle the arch's.

Good Luck

Sam

jsut to stop any confusion, my plates are legal plastic ones, its jsut the fct it wasnt on the front thats all

& thanks jim, thats made my day you saying that! lol

yerr this is a big excuse to get some arch work done

thanks once again for everyones support

they arent allowed to inspect your car it has to be done in an offical mot centre. they pulled me in my car (streched tires wider wheels at the back lowered 120 german number plates ) the lot basically.

they escorted me to a MOT centre (incase i got lost lol) what hemeant was incase i didnt bother my backside lol. neway after a half hour at the road side half hour outside the test centre and a half hour of them lookin over the car (baring in mind an ordinary mot test take 15mins)

the verdict was you are car is road legal u can go on.

what really annoyed me was it was half 10at nyt wen they pulled me over and i had my 2yr old daughter with me they made us stand in the cold whilst they looked over the car.

bunch of t**s pots

your lucky you was allowed to drive it up there!

if it goes tits up iv got to fork out 150 no excuses because its that 'dangerous' :/

well they use the 24/7 impound to carry out the tests by a proper examiner, it passed its mot piece of piss

you wont get your car back till the £150 is paid, or the £50 a day fee, and I'm guessing there will be an inspection fee or something

god I'm annoyed lol

this has been a real strange one! the police seemed to have really dropped the ball on this from what i read, as Dan says regarding the lack of arch gap, if the suspension is stiff, then the arch gap isnt an issue really, do the wheels make contact with the arches???

was there signs of wear on the tyre wall??

woo sar DK!

if the arch gap was an issue, and he said the suspension was too stiff, then if thats the case, the arch gap wont move???

TRUTH..

.. This man speaks it.

this thread has put me off getting wide wheels and streched tires

mate dont be put off!

i think this is the 1st time iv ever heard of anyone getting there car siezed for it, guess I'm jsut unlucky

if it all goes well i guess you could use this case to support anyone if it happened to them, like i could scan in the documents etc saying its fine or whatever

iv been told you can actualy get it tested by a proper examiner, like an mot who will pass it or fail it in that exact state, so if your worried, get it all done, then tested & then have the certifcate along with dated photos to back it up saying its legal with the said wheels/stretch etc

iv been told i wont pay for the flat bed up there if it passes, & i wont be charged anything untill after 24 hour AFTER i recieve the phone call

so after i get the call, i wont get charged till after 24 hours

mate dont be put off!

i think this is the 1st time iv ever heard of anyone getting there car siezed for it, guess I'm jsut unlucky

if it all goes well i guess you could use this case to support anyone if it happened to them, like i could scan in the documents etc saying its fine or whatever

iv been told you can actualy get it tested by a proper examiner, like an mot who will pass it or fail it in that exact state, so if your worried, get it all done, then tested & then have the certifcate along with dated photos to back it up saying its legal with the said wheels/stretch etc

iv been told i wont pay for the flat bed up there if it passes, & i wont be charged anything untill after 24 hour AFTER i recieve the phone call

so after i get the call, i wont get charged till after 24 hours

Just to save you from some dodgy legal advice being hurled around...

I don't know the full circumstances of your case but from the sounds of it it appears that your vehicle has been seized under prohibition of defective vehicles legislation.

The police have the power to stop and examine any vehicle on the road without prior notice. It's rarely used but the power still exists. If they suspect a vehicle has a prohibitive defect (e.g. your tyres/suspension) then they can issue a Prohibition of Defective Vehicles form, a copy of which is usually sent to the registered keeper through the post. Once one of these has been issued it's illegal for you to drive your car or even for it to be on a road until it goes through another MOT.

I suspect that one of these hasn't actually been issued on your vehicle yet and that it is just going to be inspected and then returned to you if all is in order but if not then you'll be given (usually in the post) a form PG9. You then have to take the car and get it repaired and MOT'd and then bring the form back saying the work has been done and then you get another form (PG10) saying that your car is no longer prohibited and then you can drive to your heart's content.

Even if your car is prohibited you don't get points or a record or anything like that, it's a road safety measure rather than a traffic offence.

I'd guess that your car has just been taken for inspection (which the police can do despite what someone on here said) and that a prohibition notice hasn't yet been issued.

The fact that the officer wasn't clear as to whether it was "stiff suspension" or the wheel arches is irrelevant since the power to examine a vehicle is a blanket power.

Bottom line: taking your car to inspect it is legal even if a bit extreme and unusual but there won't be any further consequences for you unless they find some defects in which case you will not be allowed to drive your car (except to place of repair) until the defects are rectified and then verified.

Going to a police station and kicking off is understandable, but will get you nowhere :-)

I dont get it though, they have the power to take the car off the road for pretty much any reason they see fit, and make you get it MOT'd, and if it passes all is ok.

But, loads of people have said an MOT means nothing in the eyes of the law and they can override it if they want..

So whats to stop this situation happening over and over again??

cheers mate for that, you seem to know your stuff

but i was told i would get 3 point & 60 quid fine it it was found to be unsafe?

so I'm still in the dark about it all

i would still have to pay for the flat bed getting it there, then getting it back, then another mot :/

I'm low on funds enuff as it is! lolzzzzzzz hate hate hate

well it passed an mot like that so i dont know wtf lol

If it passed before it should pass this time? well.. depends on the tester...

You cant even argue the case with cops these days, they just shout and call you a 'idiot'

07B Prohibition of Defective Vehicles

1. Security protective marking

1.1 Not protectively marked.

2. Summary of changes

2.1. The following changes have been made to this policy on 4th August 2008:

Parts of this policy have been removed to bring the policy up to date; please discard past copies

2.2. This policy is due for review in August 2011.

3. Introduction

3.1. Although the prohibition of a vehicle is a specialist skill, the removal of that prohibition may in certain circumstances be carried out by any member of staff employed on front counter duties. It is therefore important that all relevant staff are familiar with this guidance document.

3.2. The danger of using defective vehicles on the road is obvious, but in the vast majority of cases the defect is such that an appropriate course of action will be to issue a verbal warning, rectification form, Fixed Penalty Notice or Summons (for further information, see policy M01a and its standard operating procedure, available on the Force intranet). On occasion however, the condition of the vehicle will present an immediate danger and should not be allowed to continue. It is in these latter circumstances when a prohibition should be considered.

3.3. Prohibition is a road safety measure preventing the movement of dangerous vehicles and is not in itself an offence. It does however involve the limitation of a person’s liberty and should therefore never be considered lightly.

4. Testing of vehicles

4.1. A Constable in uniform has the power to stop any vehicle on a road. They also have the authority under the Road Traffic Acts to test and inspect the vehicle for defects.

4.2. If the constable suspects that the continued use of the vehicle presents an actual danger due to its condition, they must consider calling upon the expertise of a Prohibition Officer with a view to the vehicle being prohibited.

5. Applicable vehicles

5.1. This document applies to all motor vehicles and trailers including caravans.

6. Authorised officers

6.1. Prohibition Officers for mechanical defects must be authorised as such by the Chief Constable. To be authorised they must have:

Attended an appropriate course and attained a B Tech qualification or similar; and

Been assessed as competent in the necessary skills by a Traffic Unit Inspector, Tactical Operations Department, Coldharbour. A list of approved courses is held with the Trainer at Traffic Unit, Tactical Operations.

6.2. Prohibition Officers will have received written confirmation of this from the Traffic Unit Inspector, Tactical Operations Department, Coldharbour.

6.3. Prohibition Officers will maintain an up to date knowledge of relevant legislation and procedures and are expected to use their powers on a regular basis. Officers who do not may have their authorisation withdrawn at the discretion of the Traffic Unit Inspector, at Coldharbour.

6.4. Officers who have authority withdrawn under the previous paragraph must surrender their written authority.

6.5. The services of a Prohibition Officer can usually be obtained by a request to the Force Communication Centre (FCC), although it should be remembered that there is no home call-out system.

7. Prohibition and prosecution

7.1. Where appropriate the Prohibition Officer will prohibit the vehicle and issue a form PG9. The only way in which the prohibition can then be lifted is by either: a) the person responsible for the vehicle making the necessary repairs and presenting the vehicle at a DoT Testing Station. The vehicle will be tested and if satisfactory a Test Certificate issued. In the case of small passenger and goods vehicles and motorcycles this Test Certificate will then be brought with the PG9 to a Police station where the front counter staff will be responsible for removing the prohibition by issuing a form PG10 (see section 9 below); or b) In respect of large vehicles the DoT Test Centre will issue the PG10 form.

7.2. Following the issue of a PG9 form it is essential that the Prohibition Officer completes the following tasks:

Request the FCC to create a STORM record;

Record the STORM CAD number on the PG9 form;

Give the original (pink) form to the driver with instructions for it to remain with the vehicle;

Post the second (white) copy to the owner of the vehicle if different to the driver;

Post the third (yellow) and fourth (white) copies to the scheme administrator at Coldharbour;

Retain the final (white) copy for inclusion with the case papers; and

Complete a suitable written statement of evidence for the STORM.

7.3. The FCC staff will, upon request from the Prohibition Officer, create an STORM record containing vehicle and prohibition details together with the name of the Prohibition Officer.

7.4. Where a vehicle defect is considered dangerous enough for a prohibition to be imposed there is an expectation that the driver/owner will be reported for summons (or charged if in custody) in compliance with the Prosecution & Diversion Policy ( see policy M01A ).

8. Driving prohibited vehicles

8.1. Where it is possible for roadside repairs to take place sufficient to remove the immediate danger (e.g. replacement tyres), this may be done. Once the immediate danger has been overcome a Prohibition Officer may issue an Exemption Notice PG9B which will allow the prohibited vehicle to be driven to either the operating centre (in the case of a Large Goods or Passenger Carrying Vehicle.) or the drivers/owners home address (in the case of cars, motorcycles and small goods vehicles). From there arrangements can be made for repairs and test.

8.2. The only occasions that a prohibited vehicle should be on the road without a PG9B are when:

It is on a complete lift trailer;

It is on trial within three miles of the place of repair;

It is being driven to or from the DoT test venue;

It is being driven to a Police station for a PG10 following a DoT test pass;

Note - there is no provision for the vehicle to be driven to a place of repair. A complete lift trailer must be used.

9. Offence

9.1. It is an offence under section 71 of the Road Traffic Act 1988, to drive, or cause or permit to be driven a vehicle in contravention of a prohibition.

9.2. In extreme cases, consideration may be given to the use of the general conditional power of arrest under section 24 of PACE if it is necessary to ensure removal of the danger of injury to road users.

10. Removal of prohibition

10.1. The removal of a prohibition on a large goods or large passenger vehicle will be carried out at the specialised DoT test centre where it is tested.

10.2. A prohibition on a motorcycle, small passenger vehicle or small goods vehicle (i.e. those vehicles issued with a standard DoT Test Certificate) will only be lifted at a main Police station.

10.3. Staff members engaged on front counter duties will be responsible for removing the prohibition and must complete the following tasks:

On production of the PG9 form and test certificate examine the documents to ensure that the test certificate is dated after the PG9 form and that there is no sign of tampering with either document;

Complete HO/RT2, recording full details of test certificate;

Complete form PG10 - Prohibition Removal Notice;

Issue the first (pink) form to the driver and return the PG9 and test certificate. Advise the driver to keep the PG9 and PG10 with the vehicle for one month. This is in case the vehicle should again be stopped by the police;

Remove the next three copies of PG10 (white, yellow & white) from the pad;

Remove the original HO/RT2 from the pad;

Post the three PG10s and HO/RT2 to the Scheme Administrator, at Coldharbour via relay;

Attach the bottom copy (white) of the PG10 to the bottom copy of the HO/RT2 and retain for station records.

10.4. There may be circumstances where a vehicle or trailer which has been prohibited by a PG9 form is not by virtue of its design subject to plating and testing (i.e. small living van or light trailer). Although these vehicles should be referred to the Vehicle Inspectorate at a DoT Testing station for removal of the PG9, it is not uncommon for the DoT to refuse to examine these vehicles. In these circumstances and where a Vehicle Prohibition Officer is satisfied that no further danger is posed by this vehicle or trailer, then they may issue the PG10 form releasing the prohibition. It is recommended that in these circumstances a full pocket book entry is made outlining the details and the officers decision making process.

11. Scheme Administrator

11.1. The Scheme Administrator is based at Coldharbour and will:

Monitor all prohibitions to ensure consistency and that all forms are completed correctly;

Maintain accurate records at Coldharbour;

Convey appropriate intelligence to the DoT Vehicle Inspectorate/Traffic Commissioners;

Where PG9 form was issued out of county, forward the PG10 form to the appropriate force liaison officer;

Forward a copy of PG10s to the appropriate Prohibition Officer for information and subsequent posting to the vehicle owner.

12. Standard and advanced Prohibition Officers

12.1. Effective from 1st April, 2002, there will be two levels of competence for Vehicle Prohibition Officers - standard and advanced.

12.2. Standard

12.2.1. An Officer at this level would have completed the new style Standard Traffic Patrol Course, which incorporates the light vehicles inspection Course and obtained a successful pass mark to BTech standard; or

12.2.2. The Officer would hold a previous Traffic Patrol Course Qualification and have successfully completed the light vehicles inspection Course. Officers reaching this standard would be permitted to prohibit motor vehicles not exceeding a Gross Vehicle Weight of 3500Kgs and any trailer not subject to DoT Plating and Testing. These Officers would also be qualified to issue the Commercial Vehicle Defect Rectification Scheme (CVDRS) to any vehicle subject to that scheme (See policy P06 Commercial and Vehicle Rectifications Schemes).

12.3. Advanced

12.3.1. An Officer at this level would be qualified to the standard level and would have successfully completed a course held by the DoT Vehicle Inspectorate for Prohibition Officers. Only Officers at this advanced are permitted to prohibit vehicles exceeding a Gross Vehicle Weight of 3500Kgs, trailers subject to DoT Plating and Testing, and Public Service Vehicles.

13. Retention and disposal of records

13.1. Document mentioned in the above policy will be retained for the period specified in the retention and disposal of force documents policy (Ref No B18) and the supporting disposal schedule.

14. Equality impact assessment

14.1. This policy has been assessed with regard to its relevance to race and diversity equality. As a reuslt of this assessment the policy has been graded as having a low potential impact.

14.2. Attached is the latest equality impact assessment that forms part of the policy review process.

DK you are an absolute legend :-D tho you do have way too much time on your hand lol

this has been a real strange one! the police seemed to have really dropped the ball on this from what i read,

It's hardly a shock, the smartest copper you will ever meat will be an Alsation.

I have a high respect for the police and I can always see a situation through the eye's of the police but in this case I'm actually quite shocked. It seems very extreme but, again looking at the point of view the officer wouldn't of gone to the extreme unless he/she thought it was necessary. On the other hand the officer could just been "one of the bad one's" and I'm being naive. Either way it seems a lot of effort and trouble for something that isn't a problem and has actually made me loose some of the high confidence I have in the police.

DK you are an absolute legend :-D tho you do have way too much time on your hand lol

Correction, he doesn't like being wrong or people saying that he is, what he knows is the only way and the best way