A Birmingham man is preparing to challenge police action in court after his £6,000 electric cargo bike was seized and destroyed because officers allegedly wrongly believed it was an illegal electric motorbike.

The case involving a legal e-bike seized by police has raised concerns about how officers identify lawful electric bicycles and the tests used during enforcement operations targeting illegal e-bikes.

Matin Zandi said he tried to explain to officers that his Tern GSD cargo bike complied with the law, but the bike was nevertheless confiscated. West Midlands Police has confirmed that a complaint about the seizure is now being reviewed.

The bike had also been funded with money from Birmingham City Council through a scheme intended to help reduce pollution in the city.

Why Was the Legal E-Bike Seized by Police?

Zandi’s bike was seized in April during a police operation aimed at food delivery riders using illegal electric bikes.

Illegal e-bikes can sometimes resemble ordinary bicycles but operate more like electric motorbikes. According to the information provided, these bikes may have unrestricted motor output and can sometimes move without the rider needing to pedal.

Zandi’s Tern GSD was different.

The cargo bike was designed to carry items such as a weekly shop or up to two children. It included both a battery and an electric motor, but the motor output was limited in accordance with the rules applying to legal electric bicycles.

The motor alone could not propel the bike beyond 15.5mph, or 25km/h.

Despite this, officers concluded that the bicycle exceeded the permitted limit.

Zandi said:

“We tried to convince the police officers to accept their mistake but they didn’t.”

Police E-Bike Test Was Allegedly Flawed

A central issue in the dispute is the method police used to test the bicycle.

Officers reportedly lifted the bike’s rear wheel from the ground and spun the pedals as quickly as possible before looking at the speed shown on the display.

The reading exceeded 15.5mph.

However, the problem was that the test demonstrated how quickly the wheel could be turned manually through pedalling rather than establishing how fast the electric motor itself could propel the bicycle.

That distinction is significant because the restriction relates to electric motor assistance rather than simply the maximum speed at which a bicycle wheel can rotate.

Bodycam footage obtained by the BBC reportedly showed Zandi telling officers that the motor was not doing anything while the wheel was spinning.

Nevertheless, the bike was seized.

The incident therefore raises questions about whether appropriate testing procedures are being used when officers determine whether an electric bicycle is lawful.

£6,000 Tern GSD Cargo Bike Was Destroyed

The consequences were particularly significant because the bicycle was worth approximately £6,000.

It was not simply confiscated temporarily. The bike was subsequently destroyed.

Sean Farmelo, from Birmingham Bike Foundry, runs the rental scheme connected with the bicycle. The scheme has provided almost 100 people with the opportunity to use a fleet of 27 electric cargo bikes.

Farmelo described the seizure as a costly mistake and warned that cases like this could discourage people from riding electric bicycles in Birmingham.

He said anyone familiar with electric bikes would recognise Tern as one of the country’s popular e-bike brands.

He also raised concerns that people could become reluctant to invest in electric bicycles if they feared a lawful bike might be confiscated and destroyed.

Legal E-Bike Seized by Police Was Council-Funded

Another unusual aspect of the case is that the bicycle had been funded using money from Birmingham City Council.

The funding formed part of a scheme designed to encourage alternative forms of transport and reduce pollution.

Electric cargo bicycles can provide an alternative means of transporting children, shopping and other items without relying on a car.

In this instance, however, a bicycle supported through such a scheme ultimately became the subject of police enforcement.

Birmingham Bike Foundry has supplied nearly 100 people with access to its fleet of 27 electric cargo bicycles.

Farmelo warned that the incident could have a wider “chilling effect” on people considering cycling in Birmingham.

Other Legal Bikes and Mobility Aids Have Reportedly Been Seized

Zandi’s case may not be an isolated incident.

The BBC reportedly identified several cases involving legal bicycles and mobility equipment used by wheelchair users that had been seized and destroyed by police in error.

Kate Ball from the disability charity Wheels for Wellbeing has called for improved police education.

Some mobility devices can resemble electric scooters because equipment may be attached to the front of a wheelchair.

However, Ball explained that such devices can be legally exempt and should therefore not be seized.

She also highlighted another significant concern: once certain equipment has been confiscated, there may be no mechanism for the owner to recover it before it is destroyed.

This makes accurate identification particularly important, especially where expensive bicycles or essential mobility equipment are involved.

Zandi Now Plans to Challenge the Decision in Court

The destruction of the bicycle was not the only consequence faced by Zandi.

He was also informed that he could face penalty points on his driving licence and a fine relating to an allegation of riding without insurance.

West Midlands Police said officers stopped a rider in Birmingham city centre on 24 April and issued a fixed penalty notice for an offence of riding without insurance.

The force stated that the rider had been informed of his right to challenge the decision through the courts.

Zandi now intends to do exactly that.

He is preparing to argue that police made a mistake, with assistance from Birmingham Bike Foundry, Tern and Cycling UK.

West Midlands Police has confirmed that it has received a complaint concerning the seizure and that the matter is under review.

Why the Case Could Matter for E-Bike Riders

The case highlights the difficulties that can arise when police attempt to distinguish between legal electrically assisted bicycles and more powerful machines operating like electric motorbikes.

Enforcement against genuinely illegal vehicles remains separate from the question raised in this case: what happens when a bicycle that complies with the relevant restrictions is incorrectly identified?

For riders, the consequences of a mistake can be substantial.

They may include:

• The immediate seizure of a bicycle.
• The permanent destruction of expensive equipment.
• Fixed penalty notices.
• Potential penalty points.
• The cost and inconvenience of challenging the decision in court.
• Reduced confidence among people considering buying lawful electric bikes.

The dispute will now move into the court process, where Zandi intends to challenge the allegation and argue that his bicycle was compliant.

The complaint concerning the seizure is also being reviewed separately by West Midlands Police.

Need Advice Following a Police Investigation or Prosecution?

Cases involving police enforcement can become complicated where there is disagreement about whether an offence has actually been committed.

If you are facing a police investigation, fixed penalty, prosecution or another criminal allegation, obtaining legal advice at an early stage can help you understand your position and the options available to you.

Contact Newgate Solicitors today to discuss your circumstances with our legal team.

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