Thread: Car removed by police for obstruction on unmarked street with no restrictions

I got off the train today and walked to where my car was 100% legally parked i.e. next to the kerb, away from any driveways, in the same direction of the traffic, no street markings or warning signs and found that my car had gone! I have parked there on and off for over 10 years with no problem until today.

I enquired at the police station and found out that it had been removed for obstruction! Apparently it could have prevented a fire engine gaining access!

My question is this: if I am parked legally and there is no warnings or lines how can my car be removed by the police on the basis that it could cause an obstruction? what about the next person who parks there and then the next and so on. Surely this is not correct!!

My car is now in the compound overnight and I will have to pay to get it back - to say I am cheesed off is an understatement. I parked in line with all regulations and am at a loss to understand how a copper could do this.

What is my comeback against what I think is a totally unfair situation?

bump!

The police are a power unto themselves.

Was the road too narrow?

Since a house near my father-in-law was burnt to the ground because a fire engine was unable to get past an otherwise legally-parked people carrier I can kind of see that this sort of situation can arise.

Unless in a designated parking area, any vehicle parked on the public highway is technically causing an obstruction as the area of the road where it is parked is obstructed from use.

That is all that is needed in law for the Police to ticket(FPN) and/or remove it.

Waiting restrictions or not, you have a duty to park in a manner in which you don't cause an obstruction. You wouldn't park right on a junction so that cars exiting it have to nose out into the oncoming traffic would you? Same principle.

Everybody seems to be making their own assumptions on this without knowing some of the important detail. e.g. how wide is this road to make the police deem the car to be an obstruction?

If the road is reasonably narrow, could frostiex, or any driver, not expect the council to have DYL marked to indicate no parking rather than each driver making an individual guess as to it's suitability for parking?

Originally Posted by crem

If the road is reasonably narrow, could frostiex, or any driver, not expect the council to have DYL marked to indicate no parking rather than each driver making an individual guess as to it's suitability for parking?

Simply unfeasable to mark every such section of road with lines. I would suggest that if someone is competent to be driving then they should have a good idea of what is a suitable place for parking. The problem with people in this country is that we are too lazy. We'd take our cars into the shops etc if we could. Not that I'm saying frostie was being lazy.

Originally Posted by craigers

Simply unfeasable to mark every such section of road with lines. I would suggest that if someone is competent to be driving then they should have a good idea of what is a suitable place for parking. The problem with people in this country is that we are too lazy. We'd take our cars into the shops etc if we could. Not that I'm saying frostie was being lazy.

What if there is ambiguity. Or if there is a difference of opinion. Or if there are extenuating or mitigating circumstances. What if there was a process not followed.

I could go on. But the point here is not to be making judgment calls, or making up duties and obligations, without providing a modicum of evidence to support our claims.

Without further info, we can only speculate and hope that our opinions are relevant

I did ask "Was the road too narrow?"

Another question would be, was the vehicle too wide. A Fiat Cinquecento might have been OK whereas a large MPV or 4x4 may not.

If this were successfully defended in the magistrate's court, would the fine and towing charges be refunded?

If the OP were to prove that the road was comfortably wider than his car plus a large fire engine, what are the chances of defending? Would the Police need to turn up for the case and would they bother?

Agree with Steve_M, what was the width of the road before we throw stones at frostiex. Simple case of a tape measure for the road, plus stating what type of car he was driver then we can all look atthe maths and make valid comments about whether his decision to park was valid or lazy.

I refer you to post #3

All that is required for the offence to be complete is that you obstruct access to the area of road on which you were parked - unless in a designated parking space.

It may also be, and I am speculating here as I do not have the necessary facts, that the road concerned is within an area where DPE is in place. In that case, a Police Officer/PCSO can only ticket for obstruction; they cannot issue PCNs