3. Police have had my car towed away without my consent. Do I have to pay for this?
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Author Topic: Police have had my car towed away without my consent. Do I have to pay for this?  (Read 2663 times)

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Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #15 on: »
Quote from: sparxy on May 18, 2024, 11:03:11 pm
Would it be prudent for OP to get some photos of the condition of the car now, pending getting the other vehicles reg and claiming through their insurer?
Surely the relevant question is the condition of the car before the accident, rather than after? If the car is now worthless then the current condition hardly matters.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #16 on: »
Unless the collision was such that the entirety of the exterior of the vehicle was damaged, the undamaged parts would tend to indicate the overall condition of the vehicle prior to the collision.

That said, unless the OP is looking to claim that his car was in exceptional condition for its age, it is not immediately obvious that it would fall to the OP to prove the condition of his vehicle prior to the collision, rather than to the other party's insurer to prove that the value was less than would be expected for that vehicle.
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Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #17 on: »
As the O/P cannot recover his personal effects unless he pays the charges, wouldn't he be able to site 'payment made under duress'?  if he paid to get his belongings, could he then sue the recovery company on the basis that he had no contract with them and that they were in effect demanding money with menaces?

As far as the Police are concerned, if the damage was such that it cause a further accident or be the cause of injury then I can understand why it had to be removed.

Is the O/P a member of the AA/RAC or other company, which may be able to provide legal assistant.  Even though his insurance is TPFT, he may still be able to speak to their legal team. 

Best of luck with this.
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Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #18 on: »
Quote from: Korting on May 20, 2024, 12:24:57 am
As the O/P cannot recover his personal effects unless he pays the charges
We don't know that though, we've been told he can recover his personal effects if he attends with the V5C, and the V5C is in the car. It might be that he can get his personal effect if he turns up with the key and the towing company get the V5C that way. It might also be that there's nothing of value in the car.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #19 on: »
I was about to suggest simply reporting the matter to your insurance company and let them deal with it 100%. It's what you pay insurance for. They will find out through the MIB who insures the other car that hit yours. Let them do the legwork. Stop worrying about it. They will need to know about it, I don't recall seeing any mention of your insurance above, even if you are third party only your car has been damaged whilst parked and presumably unattended so you can't be at fault. The police will have to release details of the other vehicle to the insurers.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #20 on: »
Quote from: roythebus on May 20, 2024, 10:10:30 pm
I was about to suggest simply reporting the matter to your insurance company and let them deal with it 100%.
As the OP has TP cover only, the only thing the insurer is likely to do is pass the details on to a claims management company.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #21 on: »
Therefore as the police seem to know who was driving the car that hit his car, he can claim for the loss of his car and other expenses from the other party. surely the police are obliged to give those details if they are known.
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Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #22 on: »
Quote from: roythebus on May 21, 2024, 06:23:41 pm
Therefore as the police seem to know who was driving the car that hit his car, he can claim for the loss of his car and other expenses from the other party. surely the police are obliged to give those details if they are known.
As I've said above, the easiest way to get the details is to report the incident as a hit and run. Yes you could look at all sorts of legal routes to get the information, but filling in the relevant form on the force website will put this in the intray of someone who is going to want to get details of insurance companies exchanged so the report can be closed.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Police have had my car towed away without my consent. Do I have to pay for this?
« Reply #23 on: »
This has deja vu connotations for me. So OP, let me set out my thought processes at that time and the action which IMO you should take.

And my case was my wife v Chief Constable of the Sussex Constabulary and it was a home win!

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 severely damaged.


The police ordered the company to remove my vehicle without my agreement by a contractor that is charging an extortionate amount.


At present, the attending police officer is refusing to provide me with the licence number of the vehicle that hit mine, citing the GDPR. The vehicle that hit mine was left abandoned and he is waiting to hear from the registered keeper if the vehicle was stolen,

Traffic warden? Even worse, traffic warden said!!


OP, can we try and put some concrete evidence behind the above pl.

What written communications have you had with the police?
What power did they say they used in order to, as you say, remove your car?

You must post written correspondence pl.  Nothing else will do.
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  3. Police have had my car towed away without my consent. Do I have to pay for this?