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My mates situation


Matt H

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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

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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.

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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.

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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

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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.

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Well you cant employ humans in that perfect society

 

Is this where I make a comment about chimps then? :innocent: Or maybe pigs? :D

 

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.....

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...........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 :rolleyes: victor meldrew style. Miserable b@ggers :drag:

 

Seems he'll have to cough up anway as thats the way this sh@t society works these days :complain:

 

Lx

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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 :rolleyes: victor meldrew style. Miserable b@ggers :drag:

 

Seems he'll have to cough up anway as thats the way this sh@t society works these days :complain:

 

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

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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.

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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 :)

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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 :search:

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.

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