Guest Nicholas Posted December 12, 2007 Share Posted December 12, 2007 just pay the fine Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 Just roll over, take it up the ass and let everyone walk over you, right or wrong Cheers Nic! Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 Errrr - isn't that what we have always had? The authorities never really had to "prove" anything as long as they all corroborate the same description of events. Surely the whole point is that we need to have an authority structure that IS trusted? Well you cant employ humans in that perfect society Quote Link to comment Share on other sites More sharing options...
ivan Posted December 12, 2007 Share Posted December 12, 2007 Just tell him to "jog on". Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 Your mate's not sure if he did or not, but I'd say the fact that his car was towed is a pretty good indication that he did park illegally. Perhaps, but again, thats NOT what im asking. Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 Just tell him to "jog on". My mate?! Quote Link to comment Share on other sites More sharing options...
Rob Posted December 12, 2007 Share Posted December 12, 2007 Your mate's not sure if he did or not, but I'd say the fact that his car was towed is a pretty good indication that he did park illegally. I'd say so. I know clampers can be very dodgy, but to tow a perfectly legal car, they would be just setting themselves up for a fall. The owners probably fuming right now and not thinking too straight, but the basic fact is that only he and the tow-truck guys know the true position of the car. Quote Link to comment Share on other sites More sharing options...
ivan Posted December 12, 2007 Share Posted December 12, 2007 Perhaps, but again, thats NOT what im asking. OK, I'll rephrase. Pay up and be more careful where he parks next time. Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 OK, I'll rephrase. Pay up and be more careful where he parks next time. I give up, you obviously cant preach to the people that dont want to listen Quote Link to comment Share on other sites More sharing options...
Rob Posted December 12, 2007 Share Posted December 12, 2007 You asked whether photo evidence would be required before they whip the car away. No one has answered conclusively, but the body of opinion seems to be that photo evidence is not required for a car to be towed. So the police/contractors have no photos, and your friend has no photos. I don't feel it would be advisable for him to seek legal action to reclaim his fine. Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 You asked whether photo evidence would be required before they whip the car away. No one has answered conclusively, but the body of opinion seems to be that photo evidence is not required for a car to be towed. So the police/contractors have no photos, and your friend has no photos. I don't feel it would be advisable for him to seek legal action to reclaim his fine. Thank you for a more logical response But i dont want to go off opinions, my aim was to see if anyone had anything conslusive they new of, obviously not Quote Link to comment Share on other sites More sharing options...
marbleapple Posted December 12, 2007 Share Posted December 12, 2007 As far as I am aware most parking offences are strict liability therefore there is no need for intention etc. Thus it doesn't matter what your mate 'thinks'. If the Police came and saw the car was blocking the hut they have the power to have the car removed. They would have their witness statements and the statements of the initial claimant as evidence of the strict liability offence. The Police also having been notified of the issue also did all that was required to do in relation to contacting your friend. I disputed this with my father (A police inspector himself) when they towed my car away when i parked in the wrong place at a train station (on my birthday of all days). One thought i do have though is that if there was no signs/warnings that the car may be towed then some clever solicitor might be able to do somehting but to be quite honest at £180+ thats about 1 hour's work for a solicitor and the court fees etc would make it utterly pointless arguing. Quote Link to comment Share on other sites More sharing options...
Rob Posted December 12, 2007 Share Posted December 12, 2007 Although if I had to pay £180 I'd rather pay a solicitor working for me than a tow/clamping firm trying to con me. Quote Link to comment Share on other sites More sharing options...
Pete Posted December 12, 2007 Share Posted December 12, 2007 Start reading the post from the start, maybe read it all, then do an edit I have. I still think he's lying. Quote Link to comment Share on other sites More sharing options...
Snooze Posted December 12, 2007 Share Posted December 12, 2007 Well you cant employ humans in that perfect society Is this where I make a comment about chimps then? Or maybe pigs? Yeah - unfortunately, I would agree that there are insufficient people worthy to act as "trustable" authority these days. However - that doesn't make it an unworkable solution, it just increases the nmber of injustices that occur, which isn't necessarily worse than the alternative..... Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 I have. I still think he's lying. How on earth can you say that? you have no idea who he is or what he is like as a person, yet you think hes lying? Ludicrous Quote Link to comment Share on other sites More sharing options...
turbonut Posted December 12, 2007 Share Posted December 12, 2007 ...........One thought i do have though is that if there was no signs/warnings that the car may be towed then some clever solicitor might be able to do somehting......... You didnt mention if there were any signs such as Restricted Parking' 'No Access' 'No Parking' 'No obstructing gateway' etc. Without any signage it all seems feeble. Sounds more like nosey anorak neighbours twitching their lace curtains victor meldrew style. Miserable b@ggers Seems he'll have to cough up anway as thats the way this sh@t society works these days Lx Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 You didnt mention if there were any signs such as Restricted Parking' 'No Access' 'No Parking' 'No obstructing gateway' etc. Without any signage it all seems feeble. Sounds more like nosey anorak neighbours twitching their lace curtains victor meldrew style. Miserable b@ggers Seems he'll have to cough up anway as thats the way this sh@t society works these days Lx To be fair, if your blocking access your blocking access, but he doesnt think he was. He might have been but i susggested that he ask for proof, such as a photograph. If you gona sting someone so badly for a possible honest mistake, there should be the decency of having proof that you did it Quote Link to comment Share on other sites More sharing options...
michael Posted December 12, 2007 Share Posted December 12, 2007 Maybe his car got forced to park there by someone chasing it? Quote Link to comment Share on other sites More sharing options...
Rob Posted December 12, 2007 Share Posted December 12, 2007 Ah, the Beckham defence? Quote Link to comment Share on other sites More sharing options...
Matt H Posted December 12, 2007 Author Share Posted December 12, 2007 Maybe his car got forced to park there by someone chasing it? F you micheal, twat - i lost my car to that and you make a snide remark about it. Quote Link to comment Share on other sites More sharing options...
Class One Posted December 12, 2007 Share Posted December 12, 2007 Your mates car would have been towed for causing an obstruction. They probably would have received a complaint from a third party who could not gain access to either their property or leave their property to gain access to the road. In that case there is no obligation to post a sign up, obstruction of the highway or access to a private property (provided it is parked on the public highway) is an absolute offence. No photographic evidence is required and the Officer who issued the ticket would have to make a statement with his or her evidence in case your friend wanted to contest the issue in court. There's no obligation on the Police or a local authority to notify an owner that they have made a statutory removal, but they would make a note so that when the owner calls up alleging that their car has been stolen, they can be informed of where it is and why. They would also be told the fee payable to secure release and the requirement to produce some kind of ownership and proof of identity. If your friend wishes to contest it, he will still have to pay the release fee and then request a court hearing. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted December 12, 2007 Share Posted December 12, 2007 Your mates car would have been towed for causing an obstruction. They probably would have received a complaint from a third party who could no gain access to either their property or leave their property to gain access to the road. In that case their is no obligation to post a sign up, obstruction of the highway or access to a private property (provided it is parked on the public highway) is an absolute offence. No photographic evidence is required and the Officer who issued the ticket would have to make a statement with his or her evidence in case your friend wanted to contest the issue in court. There's no obligation on the Police or a local authority to notify an owner that they have made a statutory removal, but they would make a note so that when the owner calls up alleging that their car has been stolen, they can be informed of where it is and why. They would also be told the fee payable to secure release and the requirement to produce some kind of ownership and proof of identity. If your friend wishes to contest it, he will still have to pay the release fee and then request a court hearing. Very well put Quote Link to comment Share on other sites More sharing options...
Pete Posted December 12, 2007 Share Posted December 12, 2007 How on earth can you say that? you have no idea who he is or what he is like as a person, yet you think hes lying? Ludicrous People don't just move cars for no reason. In my life so far I've learned that such stories of innocence are so very rarely black and white, or true. Doug put it better. Quote Link to comment Share on other sites More sharing options...
RobSheffield Posted December 12, 2007 Share Posted December 12, 2007 Doug put it better. Doug is good with subtle, must be a long career of trying to preach to the converted so to speak Quote Link to comment Share on other sites More sharing options...
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