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Dropped kerb police called fine, Dropped kerb police called fine
Sic vis pacem pa...
post Sat, 23 Mar 2019 - 18:50
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Evening all.
Some questions.... I parked in front of a dropped kerb totally my error. As was unloading stuff in to my partners car and then had intended to move in to her space when the car was loaded and ready to go.
So I totally admit I was parked illigaly not intentional which is irrelevant.
I returned to find tow truck drive me trying to break in to my car and a police officer.
I was informed the car had been authorised to be removed and I must now pay £150 on the spot or they would take my car. I asked how I could challenge the charge no inormation was given.
No PNC charge or ticket was given.
Is this challangable ? The police force is West Mercia ?
Again I was an idiot for blocking the drop kerb I totally own that.



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post Sat, 23 Mar 2019 - 18:50
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DancingDad
post Wed, 27 Mar 2019 - 11:09
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And did they say exactly where in RTA (or relevant act) the liability for recovery charges occurs once recovery is initiated ???

There isn't any argument they have the right to remove should they believe a vehicle is causing an obstruction but when the right to charge kicks in ??

Any claim will be against the police, they are the principles.
Yes someone has to pay the recovery agent but legally, should this be the driver in the circumstances described ?

Get the questions in writing to them.
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Logician
post Wed, 27 Mar 2019 - 12:29
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Of course if it is established that no charge is payable unless the vehicle is moved, the next time it happens the police or tow company may take the car away regardless of whether the owner has returned.


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southpaw82
post Wed, 27 Mar 2019 - 13:29
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QUOTE (DancingDad @ Wed, 27 Mar 2019 - 11:09) *
Any claim will be against the police, they are the principles.

Are you sure?


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DancingDad
post Wed, 27 Mar 2019 - 13:37
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QUOTE (southpaw82 @ Wed, 27 Mar 2019 - 13:29) *
QUOTE (DancingDad @ Wed, 27 Mar 2019 - 11:09) *
Any claim will be against the police, they are the principles.

Are you sure?


Thought I was until you asked the question.

The removal company are working for the police, to me that makes the police the principles in the matter and thus the ones to claim against.


QUOTE (Logician @ Wed, 27 Mar 2019 - 12:29) *
Of course if it is established that no charge is payable unless the vehicle is moved, the next time it happens the police or tow company may take the car away regardless of whether the owner has returned.


I must admit that is where I am struggling.
When the cause for removal is a against a statutory restriction there does not seem to be any break point that means the removal has to stop because the driver has returned.
Unlike removal for abandonment where the driver can be required to move it and inference is that they should be allowed to move it.
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southpaw82
post Wed, 27 Mar 2019 - 18:32
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QUOTE (DancingDad @ Wed, 27 Mar 2019 - 13:37) *
QUOTE (southpaw82 @ Wed, 27 Mar 2019 - 13:29) *
QUOTE (DancingDad @ Wed, 27 Mar 2019 - 11:09) *
Any claim will be against the police, they are the principles.

Are you sure?


Thought I was until you asked the question.

The removal company are working for the police, to me that makes the police the principles in the matter and thus the ones to claim against.




If you sue the police then it opens up a defence of (in short) "not us guv", amongst other defences. You're then into arguments of agency and vicarious liability. The simpler solution, I think, is to either sue the removal company (who could then make an additional Part 20 claim against the police for an indemnity if they wanted to) or sue both. That's assuming there are grounds to sue. However, this is getting ahead of things - a letter to the force solicitor and/or the removal company asking under what powers the sum was demanded may be in order. Is the answer not in the Removal & Disposal of Vehicles Regs?


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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cp8759
post Mon, 1 Apr 2019 - 19:23
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QUOTE (southpaw82 @ Wed, 27 Mar 2019 - 19:32) *
- a letter to the force solicitor and/or the removal company asking under what powers the sum was demanded may be in order.

This, letter to both. Until you have queries this, discussions of who to sue are premature.


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Sic vis pacem pa...
post Fri, 5 Apr 2019 - 06:20
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QUOTE (cp8759 @ Mon, 1 Apr 2019 - 20:23) *
QUOTE (southpaw82 @ Wed, 27 Mar 2019 - 19:32) *
- a letter to the force solicitor and/or the removal company asking under what powers the sum was demanded may be in order.

This, letter to both. Until you have queries this, discussions of who to sue are premature.

I shall write to both. Any suggestions as to wording ?
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cp8759
post Mon, 15 Apr 2019 - 20:35
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Dear Sir or Madam,

(brief details about what happened).

Please would you confirm under what statutory powers the vehicle was removed, and specifically under what statutory powers was a payment demanded.

Yours faithfully


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