URGENT advice needed pls - Car to be sold at police auction

[babycakes2k]

I'm really hoping someone can help. My husband and I have been away for 4 weeks. Before we left we were going to sell our car but as we were unable to do so, I lent the car to my brother after ensuring he had valid insurance arranged. Whilst we were away, my brother was stopped by the police and the car seized under section 165 for no insurance. After checking with his insurance company, my brother was informed that they had written to him asking for proof of no claims bonus which he hadn't sent back so the insurance had been cancelled. He didn't receive any such letters. Anyway, he then tried to arrange for a friend to collect the car from the compound on his behalf but the release was refused. We have now returned and have been told by the police that the car has been authorised for sale at police auction and there is nothing we can do to stop it. Is this correct?

[tonyav]

Was the car insured in your name ?.

[factor-fiction]

I think the police will say either (a) you are guilty of allowing him to drive without checking he had insurance or (b) he took the car without permission.
If you say it was taken without permission then they should allow you to have it back I think, and he could be charged with theft.

[Baldric]

If all else fails, your brother owes you, even if he has to get out a loan send him to the auction to buy it back, either that or he gives you the market value of the vehicle.

[firewatch]

my husband would know, but hes at work. I think because the car has not been collected in a specific amount of time then you forfeit your right to it back as the police need to recoup the bill for the vehicle being impounded. Even if you can get your car back you are looking at a few grands worth of compound/storage bills.

[bednobs]

didnt you post this a couple of weeks ago?

[cathfromsaron]

yep

[babycakes2k]

tonyav - No the car wasn't insure by us, my brother was insured on it fully comprehensive and I confirmed this by checking his covernote. His insurance later went on to be cancelled because he didn't provide proof of no claims which is why it was seized.
factor30 - My brother had insurance at the time we gave him the car, we checked his covernote. It was cancelled by his insurance company at a later date.
Baldric- Police won't tell us which auction so we can't buy back.
Bednobs - yes i posted in another section and it was suggested I post here for more advice.
An update on the situation is that the car has now been sold as we have had a letter from the DVLA. When we've contacted the police about this, they said we can have any proceeds from the sale minus the storage and recovery charges however they want proof of ownership for the car. A logbook won't do, it has to be the original receipt from when we purchased the car in 2008. Which I don't have!

[factor-fiction]

I am not sure this changes anything- it can still be argued that you allowed him to continue driving without checking each time that his insurance was still valid