Due to an oversight with a standing order I was stopped by police for driving without insurance and my vehicle was seized by police. I was not reported for any offence at the time and was told that due the circumstances I would only be warned.
I subsequently went to the police station with all correct documentation to recover my vehicle but the police refused to release it because apparently I should have been reported for driving without insurance and been issued with a penalty ticket and the officer who stopped me is on leave until March and they need to speak with her before releasing my vehicle, which I need for work.
Are they allowed to do this?
I anticipate that you are going to get a summons for no insurance when the officer gets back.
This carries 6-8 points – but you may be able to avoid the points if you make a special reasons argument. I would also be tempted to make an abuse of process argument on the basis that the officer said it would be dealt with by a warning. He will have gone back on that promise.
If the police suspect a car is being driven without insurance they can seize it! But they have to return it – subject to storage charges if you can prove ownership and you turn up with all the necessary documents.