Van towed by police from private land...
Discussion
Curious one, and I am only noticed as my favourite roadside bap van has gone...
Gent used to drive his van to site and back daily. The actual site is adjacent a layby, but the spot he is parked is part of the adjacent field, and he pays the farmer rent. Have not checked Land Registry so all taken at face value.
Eighteen months ago his van engine died. His answer was to park it up and leave it in position. All has been well, although a front wheel did somehow disappear since then.
I passed the site and noticed a traffic cop parked in the layby and thought no more of it. Van has obviously been removed by tow truck...I assume it was no longer insured and taxed - certainly not MOT'd.
So private land, adjacent to public highway. Can they tow or not (legally) ?
Untitled by David Powell, on Flickr
Gent used to drive his van to site and back daily. The actual site is adjacent a layby, but the spot he is parked is part of the adjacent field, and he pays the farmer rent. Have not checked Land Registry so all taken at face value.
Eighteen months ago his van engine died. His answer was to park it up and leave it in position. All has been well, although a front wheel did somehow disappear since then.
I passed the site and noticed a traffic cop parked in the layby and thought no more of it. Van has obviously been removed by tow truck...I assume it was no longer insured and taxed - certainly not MOT'd.
So private land, adjacent to public highway. Can they tow or not (legally) ?
Untitled by David Powell, on Flickrsurveyor said:
Curious one, and I am only noticed as my favourite roadside bap van has gone...
Gent used to drive his van to site and back daily. The actual site is adjacent a layby, but the spot he is parked is part of the adjacent field, and he pays the farmer rent. Have not checked Land Registry so all taken at face value.
Eighteen months ago his van engine died. His answer was to park it up and leave it in position. All has been well, although a front wheel did somehow disappear since then.
I passed the site and noticed a traffic cop parked in the layby and thought no more of it. Van has obviously been removed by tow truck...I assume it was no longer insured and taxed - certainly not MOT'd.
So private land, adjacent to public highway. Can they tow or not (legally) ?
Untitled by David Powell, on Flickr
Because a police car was parked there, you automatically assumed it was towed under instruction from them?Gent used to drive his van to site and back daily. The actual site is adjacent a layby, but the spot he is parked is part of the adjacent field, and he pays the farmer rent. Have not checked Land Registry so all taken at face value.
Eighteen months ago his van engine died. His answer was to park it up and leave it in position. All has been well, although a front wheel did somehow disappear since then.
I passed the site and noticed a traffic cop parked in the layby and thought no more of it. Van has obviously been removed by tow truck...I assume it was no longer insured and taxed - certainly not MOT'd.
So private land, adjacent to public highway. Can they tow or not (legally) ?
Untitled by David Powell, on FlickrAlucidnation said:
Because a police car was parked there, you automatically assumed it was towed under instruction from them?
Yes it's an assumption I agree. The van man was doing just fine with his sandwiches, so I doubt it was down to him...I did think the council would get him first. Perhaps the police car stopped next to him was coincidence. It may have been.
I agree on it does not look like the farmers land. But he was paying the farmer rent...
So back to the original question.
Can police remove a vehicle from private land, if this is private land....
Greendubber said:
In certain circumstances yes.
Pass me a crystal ball and I'll tell you why the roach coach has been moved.
Pass me a crystal ball and I'll tell you why the roach coach has been moved.
Thankyou Sir
essayer said:
My gut feeling is the farmer’s been having a laugh charging rent for that! Doesn’t the ‘highway’ usually extend to the hedge, fence etc? Same reason you can’t park on the verge side of double yellows etc
You may be right. I'm almost interested enough to do a Land Registry search..
t bucket was left behind.I’ll take a guess.
- that’s part of the road, nothing to do with the Farmer. VanMan pretending it was private land (and paying “rent”
) in response to any casual enquiries about MOT/Road tax/Insurance
- somebody complained. Police or Council investigated. VanMan’s story didn’t stack up.
- Van removed
- that’s part of the road, nothing to do with the Farmer. VanMan pretending it was private land (and paying “rent”
) in response to any casual enquiries about MOT/Road tax/Insurance- somebody complained. Police or Council investigated. VanMan’s story didn’t stack up.
- Van removed
Based on no legal training or ability at all:
The way I understand it there are three types of land, the obvious private and public land. But there seems to be a significant unofficial type of "publically accessible" land.
Publically accessible is best explained with the example of a supermarket car park. It's private land but without barriers/fences/walls/etc, as there is free movement normally the road traffic laws still apply.
The layby would be public and even if that grass strip is owned by the farmer (personally I bet it's not and the farmers been cashing in renting land that's not his!) then it's still publically accessible and subject to road traffic.
I've seen plenty of these food vans that have had all their wheels and numberplates removed and the bottom clad in wood in a static caravan style. But then I guess you get into planning permission and various other issues!
The way I understand it there are three types of land, the obvious private and public land. But there seems to be a significant unofficial type of "publically accessible" land.
Publically accessible is best explained with the example of a supermarket car park. It's private land but without barriers/fences/walls/etc, as there is free movement normally the road traffic laws still apply.
The layby would be public and even if that grass strip is owned by the farmer (personally I bet it's not and the farmers been cashing in renting land that's not his!) then it's still publically accessible and subject to road traffic.
I've seen plenty of these food vans that have had all their wheels and numberplates removed and the bottom clad in wood in a static caravan style. But then I guess you get into planning permission and various other issues!
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff