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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice.
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My sons car was recently towed away for causing an obstruction.

Customer Question

My son's car was recently towed away for causing an obstruction. He says he parked in a parking bay outside his flat. The police says it was removed from the middle of the road. Are we able to get to see any evidence that they have of this claim, or is it just my son's word against that of the policeman who authorised the towaway? Local authorities normally provide photos of driving offences - are there likely to be any photos in this case? Many thanks
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. I will try to help with this.

Why do you think there should be photographs?
Customer: replied 3 years ago.

At the moment we have been fined and 'found guilty' without the ability to see any evidence. we have only been told briefly what the policeman has reported. My son is adamant that it was in a resident's parking bay on a Saturday evening.How does he defend himself in any appeal, and what is there to stop it happening again if there is no requirement on the police to prove evidence of obstruction.

Expert:  Jo C. replied 3 years ago.
The police would not normally take photographs. They do not carry cameras.

The local authority sometimes do but not always.

This will be proven by means of an officers statement to the effect that the vehicle was parked in such a way that an obstruction was caused.
Customer: replied 3 years ago.

So basically he is unable to defend himself, since he wasn't there when it was towed, so has no witnesses to say where the car was positioned at that time.


This seems like a licence to print money for police, recovery companies and so on.

Expert:  Jo C. replied 3 years ago.
No, its as I've said.

It will be evidenced by a statement.

Customer: replied 3 years ago.

The question is how can that statement be challenged.

Expert:  Jo C. replied 3 years ago.
You don't pay the fine and go to court when they summons you.

The practical reality though is that the chances the Magistrates will disbelieve a police officer in these circumstances are very low.

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