Car towed improperly?
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Discussion

Niglebick

Original Poster:

59 posts

94 months

Thursday 21st October 2021
quotequote all
My Fiat Tempra has just been towed away, from a safe space, adjacent roadside.

Bought 10 days ago after many years off road, I mot’d and timmediately taxed it ( in cash) at the Post Office a week ago. It is fully insured.
This morning it broke down, (feels like spark - as it died without warning) . I pushed it off road ( actually walked it, using the starter) so that it was off the road, off the adjacent slipway, onto the grass twixt the cycle way & slipway. A broken down note was left in the screen. Family collected me, I completed the journey in another vehicle and returned home 90 mins later to collect a towing car & driver.

As I was packing roes etc, a PC turned up - & immediately read me my rights, loudly, outdoors in front of several gawping kids off the school bus.

He told me the car had been towed as it was showing SORN,

I showed him the week old cash receipt from the Post Office & the online facility showing both taxed & mot’d. I then offered my mot certificate, my insurance certificate & went online again to demonstrate it was on ‘ Ask Mid’.

He reluctantly agreed the car was legal - not blocking any traffic ( pedestrian, cyclist or motor) & was not a nuisance, or blockage & was easily visible. It’s a sunny day, it was about to be collected, several hours before dusk.
He was clearly nonplussed.

I then asked how he had found me, as presumably I wasn’t yet showing as the current keeper? He told me he had broken in ( to a locked car) & found spare plates for another vehicle - properly registered to me. His careful reply leads me to believe damage may have occurred in the ‘ breaking’.

So, my car is at a local towing yard - yet I have no access. Do I have to pay towing in this circumstance, and should I demand it’s returned to me, at no cost? What are my options?
If damage occurred- in gaining access, do I have redress?.

Frankly, pretty narked. DVLA’s system clearly shows it’s legal - why therefore should an obsolete police system cost me time/ effort/ money/ damage?

Welcome your views please, as to how I.takethisforward.?

anonymous-user

83 months

Thursday 21st October 2021
quotequote all
Google screenshot of where it was towed from?

I'm amazed our 'overstretched, underfunded' police farce managed to attend.

Pica-Pica

16,560 posts

113 months

Thursday 21st October 2021
quotequote all
Even with a SORN, it was actually off-road, so not a criminal offence. As a parish council, we sought advice from our local bobby about cars dropping kids off and parking fully on the grass. He advised it was not a police matter, but trespass, and as such he could not do anything about it.

Niglebick

Original Poster:

59 posts

94 months

Thursday 21st October 2021
quotequote all


A contemporaneous screen shot, whilst the officer was explaining it still to be sorn’d!

Sheepshanks

40,962 posts

148 months

Thursday 21st October 2021
quotequote all
Pica-Pica said:
Even with a SORN, it was actually off-road, so not a criminal offence. As a parish council, we sought advice from our local bobby about cars dropping kids off and parking fully on the grass. He advised it was not a police matter, but trespass, and as such he could not do anything about it.
Grass, as in the verge at the side of the road? It all counts as part of the highway.

paintman

7,860 posts

219 months

Thursday 21st October 2021
quotequote all
Pica-Pica said:
Even with a SORN, it was actually off-road, so not a criminal offence. As a parish council, we sought advice from our local bobby about cars dropping kids off and parking fully on the grass. He advised it was not a police matter, but trespass, and as such he could not do anything about it.
Or he didn't want to get tied up dealing with parking matters, esp those involving stroppy parents dropping their little darlings at school and thinking they can park where they like ...

Edited by paintman on Thursday 21st October 18:57

Piginapoke

5,992 posts

214 months

Thursday 21st October 2021
quotequote all
I can't remember the last time I bought anything with cash.

Pica-Pica

16,560 posts

113 months

Thursday 21st October 2021
quotequote all
Sheepshanks said:
Pica-Pica said:
Even with a SORN, it was actually off-road, so not a criminal offence. As a parish council, we sought advice from our local bobby about cars dropping kids off and parking fully on the grass. He advised it was not a police matter, but trespass, and as such he could not do anything about it.
Grass, as in the verge at the side of the road? It all counts as part of the highway.
No. It belonged to the town council apparently.

Dixy

3,642 posts

234 months

Thursday 21st October 2021
quotequote all
Did the police officer commit an illegal act breaking in to the car. Did the police act legally in moving the car. Did you caution him before he made his statement.

Sheepshanks

40,962 posts

148 months

Thursday 21st October 2021
quotequote all
Pica-Pica said:
No. It belonged to the town council apparently.
Don't they own the road too?

silverfoxcc

8,397 posts

174 months

Thursday 21st October 2021
quotequote all
Sheepshanks said:
Pica-Pica said:
Even with a SORN, it was actually off-road, so not a criminal offence. As a parish council, we sought advice from our local bobby about cars dropping kids off and parking fully on the grass. He advised it was not a police matter, but trespass, and as such he could not do anything about it.
Grass, as in the verge at the side of the road? It all counts as part of the highway.
True, but not a police matter parking on SYL/DYL has been decriminalised and as such it is council who issue the tickers

Plymo

1,266 posts

118 months

Thursday 21st October 2021
quotequote all
Yes, though DYLs or zigzags extend to the pavement and verge too. (Though obviously not private land!)
However a "no stopping" sign covers the road only, not the verge. (Not sure about pavements...)

Considering how slow they are at dealing with clearly abandoned vehicles this is all very weird.

covboy

2,593 posts

203 months

Thursday 21st October 2021
quotequote all
Sheepshanks said:
Pica-Pica said:
No. It belonged to the town council apparently.
Don't they own the road too?
I thought the Queen owned the road laugh

james6546

1,616 posts

80 months

Thursday 21st October 2021
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covboy said:
I thought the Queen owned the road laugh
No, that's swans

Paynewright

659 posts

106 months

Thursday 21st October 2021
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What, Swans own the road ? :-)

Captain Answer

1,376 posts

216 months

Friday 22nd October 2021
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Paynewright said:
What, Swans own the road ? :-)
It's just the one swan actually

Ian Geary

5,595 posts

221 months

Friday 22nd October 2021
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james6546 said:
covboy said:
I thought the Queen owned the road laugh
No, that's swans
Did he park his Fiat on a swan? Let's hope it didn't break anything with its wing

mgv8

1,657 posts

300 months

Friday 22nd October 2021
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Get everything you can in writing. Then make contact to get your car back.

Largechris

2,019 posts

120 months

Friday 22nd October 2021
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You brought a Fiat Tempra?

Turbobanana

8,347 posts

230 months

Friday 22nd October 2021
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Ian Geary said:
james6546 said:
covboy said:
I thought the Queen owned the road laugh
No, that's swans
Did he park his Fiat on a swan? Let's hope it didn't break anything with its wing
Could be in for a big bill.