James Carter, a resident of Manchester, engaged Aldwych Legal after his vehicle was seized by police following a purchase made in good faith. The dispute raised questions about civil and public-law duties, and the need for proper process when state authorities act in vehicle seizures.
What Happened
- On 27 June, James Carter completed the purchase of a vehicle after checks including a HPI check, paying £1,750 in cash and settling the balance by bank transfer. He took ownership and incurred about £2,000 in further costs for road tax, new tyres, and key updates.
- On 14 August, police seized the vehicle on the motorway after it was reported stolen, leaving James Carter seeking legal help due to limited communication from Derbyshire and Metropolitan Police.
Legal Issues
- Misfeasance in public office and negligence by police, with a duty of care to avoid foreseeable harm, supported by Dunlop v Woollahra Municipal Council [1982] AC 158 and R v Hall [1973] 1 All ER 497.
- Interference with Article 8 rights under the Human Rights Act 1998 due to the ongoing retention of the vehicle without transparent justification.
- Failure to comply with the Practice Direction on Pre-action Conduct and Protocols and ADR obligations before court proceedings could be sought, risking costs sanctions for non-compliance.
Our Approach
We reviewed the facts, identified procedural missteps, and prepared targeted correspondence to the relevant police units. Our client acted in good faith, and the lack of timely updates was unacceptable.
We issued a formal letter under the Practice Direction on Pre-action Conduct and Protocols (Pre-action PD) within the Civil Procedure Rules, detailing our client’s position, supporting evidence, and the potential for costs sanctions, while emphasising ADR as a preferred route.
Outcome
Following our pre-action engagement, the authorities agreed to either promptly return the vehicle or provide compensation reflecting its value and the related losses. No court proceedings were required as ADR progressed.
Result / Why It Matters
Aldwych Legal’s case demonstrates how a robust pre-action strategy and clear engagement with public authorities can protect clients’ rights and deliver timely resolutions in vehicle seizure disputes.
