Can the police impound my car?
When the police have impounded your car, the consequences can be profound. Perhaps it is more difficult to travel to work, or you have difficulty walking and a car is essential.
At Van Meekren Advocatuur, we understand how frustrating this can be. In this article, we explain what your rights are, what steps you can take and how we can help.
Why was my car impounded?
The police or prosecution may seize a car as part of criminal investigations. There may be several reasons for doing so:
Evidence in a criminal case: The car may be seen as important evidence, for example, in cases of suspected drug transportation, theft, money laundering or any other criminal offense in which the vehicle is alleged to have played a role.
Forfeiture or Withdrawal: The court may later, in a final judgment, determine that goods are forfeited or withdrawn from circulation. Forfeiture is an additional punishment and serves to (additionally) punish a convicted person. Withdrawal is a measure and aims to protect society from the uncontrolled possession of dangerous or prohibited items. Both forms amount to depriving the person of property. The seizure in such a case serves to make the forfeiture or withdrawal from circulation actually possible.
Prejudgment attachment: Sometimes valuables are seized in advance to ensure that a later fine, damages or deprivation order can actually be paid. This is called "prejudgment attachment.
Please note that impounding your car does not automatically mean that you are guilty of a criminal offense. Confiscation is an interim measure, not a punishment.
What does this mean for me?
Although the car has been impounded, you still retain ownership of your car. This also means that you must continue to pay car insurance and motor vehicle taxes, and the car must be MOT-valid. To avoid this, you can arrange through the RDW for your license plate to be temporarily suspended. You may also be charged storage and/or custody fees.
How can I get my car back?
If your car has been seized, it is wise to hire a specialized lawyer . The lawyer can request the file for you from the Public Prosecution Service and as a result file a complaint with the court under article 552a Sv. The complaint must be legally supported. This is followed by a procedure in which the judge handles the complaint and ultimately decides whether you will get your car back. The public prosecutor is also present here.
Sometimes a complaint procedure is not necessary and there are other ways to get your car back, for example through the police or the prosecution itself. Here, too, Van Meekren Advocatuur can help you.
Has your car been impounded? If so, please contact us using the contact form below.
Kyarah Janszen and Bram Horenblas