Car towed for obstruction of pavement and driveway, Car towed by Police Options

[HateThePolice]

Hi guys,

I've had a car parked in a tight area at the bottom of my street. It's had Road Tax but no MOT. It's an area where cars park on the pavement regularly and police see it but take no action because it's common sense to do it that way.

Some resident seems to have complained about mine because it has been parked there for at least 4 weeks because my bro-in-law was to get it repaired but had to go abroad on emergency. So it's been left parked there for a while.

I was told by neighbours it had got towed and after checking out with the police they say it was for obstruction of driveway and pavement. Thing is, there's no driveway there. Although I'm guilty for parking on pavement just like the other vehicles that were parked there the same way whilst mine was being towed.

The car is not registered to me but I'm insured on it at a different address to where I was parked.

Do I have a case against the police for picking up a car for an offence that other residents were/are committing? I phoned the garage in the evening and they say I am not allowed to pick it up outside their operating hours, which means overnight charge. The cost will probably be more than the car is worth so I'm thinking of not paying but any chance I can get money back from coppers?

Do I have any case at all?

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[Logician]

If it is worth less than the cost of getting it released, then it will certainly be worth less than the cost of getting it released and then getting it repaired, so forget it. Whether or not it was causing an obstruction is a matter of opinion, and the opinion of the police and your neighbours is more likely to be accepted than yours, so IMHO it would be a waste of effort arguing about it.

[ford poplar]

You prob did not commit the same Offence as the un-towed vehicles, as you admit illegally parking on the Highway with no MOT.

[HateThePolice]

Ford poplar, parking on the highway without MOT is not an offence AFAIK. It was taxed. The untowed vehicles were effectively committing the same offence for which I was told my vehicle was recovered.

And Logician isn't the policeman clearly lying by all accounts when he stated that it was obstructing a driveway. It absolutely wasn't and nor was the vehicle abandoned. That's a case for misconduct. Weak but still a case. I've since reported two vehicles that are parked there and I'm convinced nothing will be done about it. Can I not use that against them?

This post has been edited by HateThePolice: Tue, 19 Jun 2018 - 03:16

[666]

Ford poplar, parking on the highway without MOT is not an offence AFAIK.

It certainly is.

[The Rookie]

And Logician isn't the policeman clearly lying by all accounts when he stated that it was obstructing a driveway. It absolutely wasn't

It a matter of opinion, a lie is a lie when you know its untrue, if you are mistaken its not a lie, but as you don't know that parking on the road without an MOT is an offence I'd not want to rely on your interpretation of anything else perhaps?

https://www.gov.uk/report-no-mot

[HateThePolice]

And Logician isn't the policeman clearly lying by all accounts when he stated that it was obstructing a driveway. It absolutely wasn't

It a matter of opinion, a lie is a lie when you know its untrue, if you are mistaken its not a lie, but as you don't know that parking on the road without an MOT is an offence I'd not want to rely on your interpretation of anything else perhaps?

https://www.gov.uk/report-no-mot

The police did not cite that as a reason for towing the vehicle. The police officer I spoke with took it no further after I told her it was taxed.

Does it not rest on the fact that he ordered the recovery on an offence which other cars were also committing at the time? He singled out this car on the basis of obstructing the pavement.

[Jlc]

Can I not use that against them?

No. What others do have no bearing on your defence.

[The Rookie]

The offence is unnecessary obstruction, all parked cars cause some level of obstruction, there are degrees of it and they may have decided yours was the one with it's 'toe over the line' between what was and was not unnecessary, that's a subjective assessment (and duration parked can be a factor) and you're very unlikely to win that given what you say.

I'm afraid you fall into the 'I took a gamble and lost' category here.

[HateThePolice]

The offence is unnecessary obstruction, all parked cars cause some level of obstruction, there are degrees of it and they may have decided yours was the one with it's 'toe over the line' between what was and was not unnecessary, that's a subjective assessment (and duration parked can be a factor) and you're very unlikely to win that given what you say.

I'm afraid you fall into the 'I took a gamble and lost' category here.

Someone must have reported it. I'll be wasting these bastards time getting cars removed from that area. Get my money's worth out of them at least. Might sound wrong but so were the circumstances that lead up to this incident.

If they don't get moved then people could get injured due to these obstructions and the police will be responsible for not doing their jobs. Swings and roundabouts.

[The Rookie]

Strange attitude to take when you had done the same.

There is an old saying, when going seeking revenge, first dig two graves.....

[HateThePolice]

Can I not use that against them?

No. What others do have no bearing on your defence.

Depends on which grounds you appeal against them. I've realised it was a CSO. Comes under misconduct and not acting with honest and Integrity. These guys obviously weren't when they were suggesting I'd parked in front of a driveway which they could clearly see I wasn't. Made no attempts to check whether the vehicle was actually abandoned. Acted in a manner that undermined public confidence in the police, etc. Will make sure at least that the **** hear from me often.

Strange attitude to take when you had done the same.

There is an old saying, when going seeking revenge, first dig two graves.....

Not at all. I believe it was one of the neighbors that parked there the same day on which my vehicle was removed. Obviously incredibly ******. So a lot of my anger doing the talking here. But it's **** like this that turns law-abiding citizens to police-hating maniacs.

This post has been edited by HateThePolice: Tue, 19 Jun 2018 - 10:27

[The Rookie]

Comes under misconduct and not acting with honest and Integrity.

Just no.

[Logician]

Not at all. I believe it was one of the neighbors that parked there the same day on which my vehicle was removed. Obviously incredibly ******. So a lot of my anger doing the talking here. But it's **** like this that turns law-abiding citizens to police-hating maniacs.

Suppose the police had not acted, the neighbour would be saying, "Someone has left an old banger in my road, it is parked on the pavement and causing a lot of obstruction, it has not been moved for a month and has no MoT so it looks like it's been abandoned, I have been on to the police who have done *** all about it. How long are the rest of us who park responsibly and MoT our cars expected to put up with this? It's **** like this that turns law-abiding citizens to police-hating maniacs."

There is more than one point of view!

[HateThePolice]

Comes under misconduct and not acting with honest and Integrity.

Just no.

Why not? To place a made-up condition on a vehicle recovery is acting with honesty and integrity? I'll pursue it and learn from it.

It's definitely the start of a long learning curve for me to make sure others aren't screwed over like this unless you're the ***** at the bottom of the road who comolaike about it just to oark his own car there. It's fair to say they've ****** me off.

Not at all. I believe it was one of the neighbors that parked there the same day on which my vehicle was removed. Obviously incredibly ******. So a lot of my anger doing the talking here. But it's **** like this that turns law-abiding citizens to police-hating maniacs.

Suppose the police had not acted, the neighbour would be saying, "Someone has left an old banger in my road, it is parked on the pavement and causing a lot of obstruction, it has not been moved for a month and has no MoT so it looks like it's been abandoned, I have been on to the police who have done *** all about it. How long are the rest of us who park responsibly and MoT our cars expected to put up with this? It's **** like this that turns law-abiding citizens to police-hating maniacs."

There is more than one point of view!

Of course there is. Contacting me would have been a start. They had the means to contact me but the CSO was a lazy ****. I would have moved it on my private road which is adjacent to where the offence took place. I had parked there because there was no parking elsewhere and I was preparing it for the MOT test. Doing bits and bats as and when necessary. The fact no one had ever been done for obstruction of the pavement in that spot is telling. I'll make bloody well sure the piggies are consistent in that regard from now on.

This post has been edited by HateThePolice: Tue, 19 Jun 2018 - 11:07

[Jlc]

I'll make bloody well sure the piggies are consistent in that regard from now on.

But my point remains that what has happened to others is no defence to your offence. The often quoted 'defence' on this site for speeding is that they were 'keeping up with traffic' - likewise, even if only 1 car was singled out it's no defence that others were also committing the same offence but were not pursued. Bloody annoying I know...

[HateThePolice]

I'll make bloody well sure the piggies are consistent in that regard from now on.

But my point remains that what has happened to others is no defence to your offence. The often quoted 'defence' on this site for speeding is that they were 'keeping up with traffic' - likewise, even if only 1 car was singled out it's no defence that others were also committing the same offence but were not pursued. Bloody annoying I know...

It's very different in this case because the offence once reported should be looked at. So it's a long term plan, not expecting it to be resolved in the near future. But I will make every effort to make sure no car parks there ever again. If it does and there's an accident I'll know whose to blame.

Your attitude sucks, I'm out.

Yes it must come across that way because I'm miffed today. Apologies to you

[Logician]

Contacting me would have been a start. They had the means to contact me but the CSO was a lazy ****. I would have moved it on my private road which is adjacent to where the offence took place. I had parked there because there was no parking elsewhere and I was preparing it for the MOT test. Doing bits and bats as and when necessary. The fact no one had ever been done for obstruction of the pavement in that spot is telling. I'll make bloody well sure the piggies are consistent in that regard from now on.

As the car is not registered to you and insured by you at a different address it would not be very easy to contact you. Anyway you came here seeking advice and our unanimous advice is that you are very unlikely to get anywhere complaining about what has happened. If you want to carry on a vendetta against your neighbours that is up to you, but really that is likely to bring you more grief one way or another.

[HateThePolice]

Contacting me would have been a start. They had the means to contact me but the CSO was a lazy ****. I would have moved it on my private road which is adjacent to where the offence took place. I had parked there because there was no parking elsewhere and I was preparing it for the MOT test. Doing bits and bats as and when necessary. The fact no one had ever been done for obstruction of the pavement in that spot is telling. I'll make bloody well sure the piggies are consistent in that regard from now on.

As the car is not registered to you and insured by you at a different address it would not be very easy to contact you. Anyway you came here seeking advice and our unanimous advice is that you are very unlikely to get anywhere complaining about what has happened. If you want to carry on a vendetta against your neighbours that is up to you, but really that is likely to bring you more grief one way or another.

Sounds about right. Have to apologise to guys here too, was venting my frustration somewhat.

I'll be reporting it regularly to the police about the obstruction in that area and if there happens to be blame there'll be a claim.

[nosferatu1001]

Bear in mind, theyre not compelled to do anything, just because youve reported something. They have the final decision in that, not you.