Car Toed off by the police & impounded without any notification

WannabeMortgageFree_2

sarah1975uk wrote:

I thought public highway meant on the road etc, my car park space as of those of my neighbours you have to drive off the road over a pedestrian path into the driving space. hence i thought not on public highway!

Sorry but that's not accurate. At one of my houses we have two parking spaces in a car park, but if you check the details of the house when we bought it, we actually own only one of those. There is also visitor parking like that you described but again that is public highways.

That said, I also had my car towed by the police from my private car parking space without notice or anything. I had to prove that it was my private property they'd come onto and once that was done all fee's were waived and my car returned free of charge on a tow truck.

If you can prove the car was on your private property and was not on public property then you can probably get the car back for free. But other then that it sounds to me like the car was actually not on private property just in a public allocated parking space, in which case your mum is at fault and liable for all fee's incurred.

Sorry to hear this has happened though. I only found out my second parking space was not my own when they towed my other car from it...

CopperPlate_2

There are lots of questions that need answers here:

1. You say that the Police have confirmed they towed it away, but then don't clarify by saying whether it was due to the road tax problem or not. Did they tell you it was removed due to this or under some other provision?

2. As has been pointed out already, are the spaces you drive the car into maintained by the local authority or a housing association or by the individual? It doesn't matter that you have to cross a path - these are also usually included in the local authority remit of repairs, etc, so the parking space may very well be 'public' land and therefore fair game. You need to check.

3. Are you sure that your mum didn't receive any notification that this was going to happen? It has happened before that people who don't want to face 'bad news' think it will go away if they ignore it. If the Police have removed it, and they were required to notify the keeper, ask for dates on which the letters were sent. Then go back to your mum and see if she can remember anything more?

4. Have you asked what provisions the Police removed the car under? What is the relevant Act and Section, or common law power?

sarah1975uk

CopperPlate wrote:

There are lots of questions that need answers here:

1. You say that the Police have confirmed they towed it away, but then don't clarify by saying whether it was due to the road tax problem or not. Did they tell you it was removed due to this or under some other provision?

2. As has been pointed out already, are the spaces you drive the car into maintained by the local authority or a housing association or by the individual? It doesn't matter that you have to cross a path - these are also usually included in the local authority remit of repairs, etc, so the parking space may very well be 'public' land and therefore fair game. You need to check.

3. Are you sure that your mum didn't receive any notification that this was going to happen? It has happened before that people who don't want to face 'bad news' think it will go away if they ignore it. If the Police have removed it, and they were required to notify the keeper, ask for dates on which the letters were sent. Then go back to your mum and see if she can remember anything more?

4. Have you asked what provisions the Police removed the car under? What is the relevant Act and Section, or common law power?

The police confirmed that they towed it away, but to my knowledge didnt say why to mum. just informed her over the phone it will be £160 per day charge.

The parking space isnt on my freehold deeds so assume its technically owned and maintained by the local council, even though its off the public highway.

and mum definately did not receive any notification, had she have done then we would have made arrangements to move it to avoid this situation happening.

Obviously its now been towed but the issue is that the police havent followed their own proceedures by notifying mum about the threat of removal of her car.

chevalier

If you have allocated parking spaces, it may be that one of your neighbours complained about it, ie that a car that wasn't theirs was in their space
chev

WannabeMortgageFree_2

Could also be they came round doing checks on the street and thought the car was abandoned, especially if it had a SORN that was registered to a different address. In which case, if a car is abandoned (or they think it is) I don't think they do have to give notice at all....

sarah1975uk

chevalier wrote:

If you have allocated parking spaces, it may be that one of your neighbours complained about it, ie that a car that wasn't theirs was in their space
chev

there are 8 spaces and only 4 neighbours who have cars parked there!

Nyla1979

As far as I am aware if your car is not taxed and is not on private property the police can take it, the 'warning' is the letter that comes informing you the car needs taxing if it doesn't get taxed it can be taken by the police. I also thought it was a one off charge of around £100 and then only £12 per day not £160 per day, of course I could be totally wrong and if I am I'm sorry!

Hope you get it sorted soon.

sarah1975uk

Nyla1979 wrote:

As far as I am aware if your car is not taxed and is not on private property the police can take it, the 'warning' is the letter that comes informing you the car needs taxing if it doesn't get taxed it can be taken by the police. I also thought it was a one off charge of around £100 and then only £12 per day not £160 per day, of course I could be totally wrong and if I am I'm sorry!

Hope you get it sorted soon.

Definately been told its £160 per day impound charge :mad: xx

robby-01

Was the car insured while it was parked in this space that might be yours but could be the councils.

oscar52

Sounds strange.

I know ther ehave been several questions already, but

Again regarding the parking space/area, if this a car park, and the car is in an allocated space, then unless the car park owner (usually the council) would need to raise a complaint. of which you would have to be notified, and could not be just towed away. (I know someone this has just happened to)

secondly, is the area you live owned by a housing association? If so, then the police would need WRITTEN permission to come onto your estate to remove vehicles, which in turn you would have been notified of