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#Post#: 22717--------------------------------------------------
Police have had my car towed away without my consent. Do I have
to pay for this?
DIR By: KGR54
Date: May 16, 2024, 10:16 am
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My car was parked legally on the street in Brighton but when I
returned to leave town it was missing. I found out from the
traffic wardens that the police had instructed a contractor to
take my car away because it has been hit by anothger vehicle and
it is severley damaged.
The car is in a private compound and I have received a
registered letter telling me that I owe this company £300 for
towing charges and I will have to pay them £26 per day until I
remove the car. If I don't pay their charges and remove the car
within 14 days they will destroy it.
The police ordered the company to remove my vehicle without my
agreement by a contractor that is charging an extortionate
amount.
I have committed no offence and have only third party insurance.
I have no contract with this company. The police can't tell me
the details of the vehicle that hit my car as the relevant
officer hasn't filled in the paperwork and so I cannot contact
that vehicle's insurer.
Am I liable to pay these charges?
Can a third party destroy my car against my wishes?
Is the other vehicle's registered keeper liable for the damage
and costs caused by their vehicle?
Please help as soon as possible as this is a current ongoing
dilema.
#Post#: 22721--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: The Slithy Tove
Date: May 16, 2024, 10:50 am
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--- Quote from: KGR54 link ---
>
> Is the other vehicle's registered keeper liable for the damage
and costs caused by their vehicle?
>
--- End Quote ---
No, but the driver of that vehicle, or the insurer of that
vehicle (if it was even insured) is. But without any details of
that vehicle, you're at a bit of a dead-end.
It might be a bit glib to say it, but that's what comprehensive
insurance is for :-(
#Post#: 22745--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: ivanleo
Date: May 16, 2024, 2:56 pm
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[member=1759]KGR54[/member] you say the car is severely damaged
and you have third party cover only. So the key question is
whether the car is a write-off?
If it's not worth having it back you might as well forget about
it, I don't see how the towing company can enforce any charges
against you.
#Post#: 22762--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: roythebus
Date: May 16, 2024, 6:09 pm
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Surely the towing company is under contract to the police, who
should then chase you the rk, who could then chase the MIB for
the unknown/uninsured hit-and-run driver.
#Post#: 22767--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: KGR54
Date: May 17, 2024, 1:18 am
---------------------------------------------------------
I'm still trying to work out how to reply to posts as I'm new to
this forum.
Thank you all three responders.
I suspect that the towing company won't have any contract with
the police, otherwise, why are they trying to get money from me?
Previous experience makes me think that these type of
arrangements are on a "mates" basis.
It's true that I have no contract with the towing company but I
don't know if there is any statutory power that the police have
to tow and destroy a fully legal vehicle and, if so, does this
automatically make the registered keeper liable for the
associated costs.
I'll try getting a free thirty minute call with a solicitor on
this.
Thanks folks
#Post#: 22776--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: Irksome
Date: May 17, 2024, 3:20 am
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Uhh ohh you are straying into FoTL territory here ... of course
the police force will have a contract with a recovery company.
Yes the police have the duty to recover a vehicle under certain
circumstances, see Road Traffic Regulation Act 1984.
#Post#: 22793--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: Southpaw82
Date: May 17, 2024, 4:51 am
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--- Quote from: Irksome link ---
>
> Uhh ohh you are straying into FoTL territory here ... of
course the police force will have a contract with a recovery
company.
--- End Quote ---
I don’t think he is. The point has fairly and properly been
raised and he’s addressing it.
--- Quote ---
> Yes the police have the duty to recover a vehicle under
certain circumstances, see Road Traffic Regulation Act 1984.
>
--- End Quote ---
And is it not more specifically the Retention and Disposal of
Vehicles Regulations?
#Post#: 22816--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: KGR54
Date: May 17, 2024, 6:35 am
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Unfortunately, I have no idea what FoTL means.
The advice that I have received from an online solicitor is that
once the vehicle was damaged it became in breach of the
regulations (no longer road worthy) and that the police then had
the right to remove it. I don't know whether they should have
advised the registered keeper that it needed to be removed
beforehand. When the dust settles, I'll make a complaint to the
Chief Constable, as advised on the police website.
For now, the costs are down to me.
My only redress is through the Motor Insurers Bureau or the
other vehicle's insurer.
#Post#: 22823--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: NewJudge
Date: May 17, 2024, 7:10 am
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--- Quote ---
> Unfortunately, I have no idea what FoTL means.
--- End Quote ---
"Freemen on the Land". It is a movement followed by people who
believe, among other things, that they are not bound by
statutory laws unless they "consent" or "contract" to them. For
example, they believe that they can only be prosecuted for
speeding if they have given their consent to be bound by the
Road Traffic Act.
--- Quote ---
> My only redress is through the Motor Insurers Bureau or the
other vehicle's insurer.
--- End Quote ---
Best to think about it the other way round. Any insurer covering
the other vehicle against Third Party risks comes first. The MIB
only become involved as a last resort if no cover is in place.
#Post#: 22832--------------------------------------------------
Re: Police have had my car towed away without my consent. Do I
have to pay for this?
DIR By: andy_foster
Date: May 17, 2024, 7:55 am
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To expand upon what our illustrious, overworked and
underappreciated co-admin said, FMOTL is a delusional and
dangerous movement that seeks to argue that their consent is
required to be bound by what everyone understands to be well
known criminal law provisions, etc.
In the instant case, the OP appears to have fallen foul of far
less well known quasi-criminal/administrative provisions that
effectively punish not only those that have not been convicted
of anything, in many cases have done absolutely nothing wrong.
Unlike those who have chosen to cast aspersions at the OP...
As has been explained, there are statutory provisions variously
empowering and/or requiring public authorities to seize vehicles
and charge for their release. Such powers must be applied
proportionately, otherwise they are likely unlawful both under
public law in general and through the application of the Human
Rights Act.
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