I parked in the general parking lot near the shopping center. There was an orange chip in my place, I removed it, because I suspect that it is illegal to put such chips in a public parking lot. When I left the mall, the car was gone, the parking attendant said that the tow truck had taken it. Now I have to pay a fine of 1,900. This is all illegal, I was standing in the parking lot, and the car was taken away by a tow truck on call. What shall I do?
The car was illegally evacuated
solvedAnswers
Yaroslav Sikorsky
The list of legal grounds for car evacuation is exhaustive. Police officers and parking inspectors have to evacuate cars. The procedure and grounds for evacuation are generally identical for both police and parking inspectors.
Parking inspectors have the right to evacuate a vehicle that is located in places of stopping and parking prohibited by traffic rules, or if it significantly obstructs or makes impossible the movement of other cars or pedestrians. When considering relevant cases, the courts examine the evidence provided by the parties on the subject of cars obstructing other road users or creating a threat to traffic safety.
If the car was delivered to the site for temporary storage, the driver will be able to pick it up only after paying the cost of the transportation and/or vehicle storage service.
It is not the most efficient way to recognize the illegal evacuation of a car in a court of law, and only then to take the car away. The legal process can last several months, and the owner will be without his car all this time.
Therefore, the most optimal option is to pay for evacuation services, pick up the vehicle, and only then go to court, including with a demand for recovery of damages in the form of paid evacuation and storage services.
07.07.2023 11:25