Appealing motorway impound
Discussion
I broke down on the motorway and pulled up in hard shoulder. I called out rac but the police got to me first. Police had some non car issues with me that I don't want to discuss but basically they removed me from the car for hours and got highway control to impound my car. Eventually they found out were in the wrong/acting and have admitted that and holding me was not required. I want to appeal the impounding because it seems to have been related to the police deciding to investigate me, otherwise in worst case scenario I could have got rac to pick me up.
When I appeal police will admit that they made a mistake deciding to hold me for hours and it's their fault so I the appeal may be successful because I guess thats the reason I wasn't able to deal with it myself.
However higway control\police may say it still shouldn't have been there, they got to it before rac did(regardless of whether it was poice who notified them) so I still have to pay the impound fines.
Is this what might happen or do they give a time frame for rac to turn up etc? please advise.
When I appeal police will admit that they made a mistake deciding to hold me for hours and it's their fault so I the appeal may be successful because I guess thats the reason I wasn't able to deal with it myself.
However higway control\police may say it still shouldn't have been there, they got to it before rac did(regardless of whether it was poice who notified them) so I still have to pay the impound fines.
Is this what might happen or do they give a time frame for rac to turn up etc? please advise.
Obviously we don't know the circumstances of why you were arrested ( I assume?) but for some reason I doubt the police will officially admit making a 'mistake'.
My first thought is that you will need to get solicitors involved/take time off work for court dates etc etc and will end up better off just paying the impound fees and getting on with your life, but I can see why that might not feel like the best option..
Good luck.
My first thought is that you will need to get solicitors involved/take time off work for court dates etc etc and will end up better off just paying the impound fees and getting on with your life, but I can see why that might not feel like the best option..
Good luck.
Difficult with so little info.
The police got to you first? either you were showing as wanted via your car registration or they checked you out at the roadside. I doubt they check people out at the roadside just because they’ve broken down? And if they did, then that’s shown you’re wanted.
Unless you blew over alcohol limit at roadside and then under at the station?
Or someone has made a complaint about you to the police? And they’re duty bound to investigate.
Or they know you and did it to wind you up?
All would have an impact on if you can appeal I guess but without knowing what’s gone on it’s a difficult question.
The police got to you first? either you were showing as wanted via your car registration or they checked you out at the roadside. I doubt they check people out at the roadside just because they’ve broken down? And if they did, then that’s shown you’re wanted.
Unless you blew over alcohol limit at roadside and then under at the station?
Or someone has made a complaint about you to the police? And they’re duty bound to investigate.
Or they know you and did it to wind you up?
All would have an impact on if you can appeal I guess but without knowing what’s gone on it’s a difficult question.
SpeedySpeedBoy said:
I broke down on the motorway and pulled up in hard shoulder. I called out rac but the police got to me first. Police had some non car issues with me that I don't want to discuss
That's a pity, because it means that nobody can really make any sensible suggestions or explanations.SpeedySpeedBoy said:
but basically they removed me from the car for hours and got highway control to impound my car.
Obviously they aren't going to be leaving the car on the shoulder for "hours".SpeedySpeedBoy said:
Eventually they found out were in the wrong/acting and have admitted that and holding me was not required.
So they released you. Which is what happens when questioning shows that the suspect was not involved in whatever they're investigating.SpeedySpeedBoy said:
Is this what might happen or do they give a time frame for rac to turn up etc? please advise.
How long had you been on the shoulder when you were taken by the Police? You say you'd already called the RAC? What ETA had they given? Did you explain that to the police at the time?If the police take you from the H/S of a motorway for a vehicle related incident, then the vehicle would be recovered under the police powers, so your complaint would have been with them.
BUT, if they've taken you away for non-vehicle enquires, and you've said that you've organised recovery for the vehicle, they have then taken you at your word as the vehicle is not evidence and not required.
Now you are allowed to have a broken down vehicle on the H/S for up to 2 hours, (Unless in certain locations / circumstances, when immediate removal would be likely )
If the RAC didn't turn up to recover the vehicle within 2 hours of HE control room being aware of it, then it becomes liable for statutory removal, you will be billed, charges for recovery and daily charges for storage if not collected.
From reading the thread, it seams that you've been 'helping the police with their enquiries' and tried to get the RAC to recover the car, they've said that it's not broken down, carry on driving it, so haven't turned out to it. 2+ hours have passed and it's been statutory removed by HE recovery contractor.
If the above is correct, then it is wholly your own fault, you didn't have recovery, you probably told the police that you did, you left it expecting to be able to go back for it any time, but it's been removed
If you'd asked the police "What about my car?" then they would most likely have arranged something.
BUT, if they've taken you away for non-vehicle enquires, and you've said that you've organised recovery for the vehicle, they have then taken you at your word as the vehicle is not evidence and not required.
Now you are allowed to have a broken down vehicle on the H/S for up to 2 hours, (Unless in certain locations / circumstances, when immediate removal would be likely )
If the RAC didn't turn up to recover the vehicle within 2 hours of HE control room being aware of it, then it becomes liable for statutory removal, you will be billed, charges for recovery and daily charges for storage if not collected.
From reading the thread, it seams that you've been 'helping the police with their enquiries' and tried to get the RAC to recover the car, they've said that it's not broken down, carry on driving it, so haven't turned out to it. 2+ hours have passed and it's been statutory removed by HE recovery contractor.
If the above is correct, then it is wholly your own fault, you didn't have recovery, you probably told the police that you did, you left it expecting to be able to go back for it any time, but it's been removed
If you'd asked the police "What about my car?" then they would most likely have arranged something.
Gafferjim said:
If you'd asked the police "What about my car?" then they would most likely have arranged something.
I did and they told me to not worry and that they would get highway control to bring it to me but they were actually lying and taking it to the compound. Meanwhile they were investigating me for something devoid of any reasonable evidence so I think i'll be ok.My main concerns was that even if the police did prevent me from getting the car back home by my own devices, whether the highway control would say it doesn't matter once we see the car we can take it, even before rac. Someone said you have 2 hours so if that's true, I should be ok to argue my case.
SpeedySpeedBoy said:
I did and they told me to not worry and that they would get highway control to bring it to me but they were actually lying and taking it to the compound. Meanwhile they were investigating me for something devoid of any reasonable evidence so I think i'll be ok.
My main concerns was that even if the police did prevent me from getting the car back home by my own devices, whether the highway control would say it doesn't matter once we see the car we can take it, even before rac. Someone said you have 2 hours so if that's true, I should be ok to argue my case.
But, if you had been taken away, what could the RAC do with your car even if they had hot there first? My main concerns was that even if the police did prevent me from getting the car back home by my own devices, whether the highway control would say it doesn't matter once we see the car we can take it, even before rac. Someone said you have 2 hours so if that's true, I should be ok to argue my case.
If you are suing for false arrest you might have a case, but I have a feeling if the police can demonstrate that the arrest was justified then you are going to get stuck with the costs.
Gafferjim said:
If the police take you from the H/S of a motorway for a vehicle related incident, then the vehicle would be recovered under the police powers, so your complaint would have been with them.
BUT, if they've taken you away for non-vehicle enquires, and you've said that you've organised recovery for the vehicle, they have then taken you at your word as the vehicle is not evidence and not required.
Now you are allowed to have a broken down vehicle on the H/S for up to 2 hours, (Unless in certain locations / circumstances, when immediate removal would be likely )
If the RAC didn't turn up to recover the vehicle within 2 hours of HE control room being aware of it, then it becomes liable for statutory removal, you will be billed, charges for recovery and daily charges for storage if not collected.
From reading the thread, it seams that you've been 'helping the police with their enquiries' and tried to get the RAC to recover the car, they've said that it's not broken down, carry on driving it, so haven't turned out to it. 2+ hours have passed and it's been statutory removed by HE recovery contractor.
If the above is correct, then it is wholly your own fault, you didn't have recovery, you probably told the police that you did, you left it expecting to be able to go back for it any time, but it's been removed
If you'd asked the police "What about my car?" then they would most likely have arranged something.
What legislation covers this 2 hour limit?BUT, if they've taken you away for non-vehicle enquires, and you've said that you've organised recovery for the vehicle, they have then taken you at your word as the vehicle is not evidence and not required.
Now you are allowed to have a broken down vehicle on the H/S for up to 2 hours, (Unless in certain locations / circumstances, when immediate removal would be likely )
If the RAC didn't turn up to recover the vehicle within 2 hours of HE control room being aware of it, then it becomes liable for statutory removal, you will be billed, charges for recovery and daily charges for storage if not collected.
From reading the thread, it seams that you've been 'helping the police with their enquiries' and tried to get the RAC to recover the car, they've said that it's not broken down, carry on driving it, so haven't turned out to it. 2+ hours have passed and it's been statutory removed by HE recovery contractor.
If the above is correct, then it is wholly your own fault, you didn't have recovery, you probably told the police that you did, you left it expecting to be able to go back for it any time, but it's been removed
If you'd asked the police "What about my car?" then they would most likely have arranged something.
The law actually states that you're not allowed to stop on a motorway.
Way back in the depths of time, the recovery companies said that it wasn't practical, and that they needed a reasonable amount of time to attend to recover vehicles.
The police forces and the recovery companies came to an agreement that attendance within 2 hours was reasonable.
Highways England, since taking the responsibility of dealing with broken down & abandoned vehicles have been instructed to continue with this arrangement.
So you are now allowed 2 hours before you become liable to statutory removal. This was all agreed way back in the early days of motorways.
.
There are however exceptions!
Abandoned vehicles can be removed after 30 mins.
Any vehicle left in a dangerous place can be removed immediately,
Any vehicle without lights during darkness can also be removed immediately (although other types of assistance can be done providing recovery is confirmed as on it's way and due shortly)
There are certain locations on the motorway network called 'Nodal points' these are strategic locations where the police do not want any vehicle to be stopped, any vehicle at one of these locations may be stat recovered immediately. Patrols will, if possible move the broken down vehicle away from this location to await their recovery.
Way back in the depths of time, the recovery companies said that it wasn't practical, and that they needed a reasonable amount of time to attend to recover vehicles.
The police forces and the recovery companies came to an agreement that attendance within 2 hours was reasonable.
Highways England, since taking the responsibility of dealing with broken down & abandoned vehicles have been instructed to continue with this arrangement.
So you are now allowed 2 hours before you become liable to statutory removal. This was all agreed way back in the early days of motorways.
.
There are however exceptions!
Abandoned vehicles can be removed after 30 mins.
Any vehicle left in a dangerous place can be removed immediately,
Any vehicle without lights during darkness can also be removed immediately (although other types of assistance can be done providing recovery is confirmed as on it's way and due shortly)
There are certain locations on the motorway network called 'Nodal points' these are strategic locations where the police do not want any vehicle to be stopped, any vehicle at one of these locations may be stat recovered immediately. Patrols will, if possible move the broken down vehicle away from this location to await their recovery.
Edited by Gafferjim on Friday 11th May 08:37
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