Publication date: 27.05.2024
Lawyer
Have you had your car illegally taken to the penalty area and demanded to pay for the services of a tow truck?
Unfortunately, the situation when your car is illegally taken to the penalty area and you are required to pay for the services of a tow truck is not uncommon. This can happen due to a mistake by the police or the bad faith of the towing services. If you find yourself in this situation, it is important to know your rights and the steps you can take to protect your interests. In this article, we will consider what to do in the event of an illegal seizure of a car, how to prepare a statement of claim and how to go to court.
What to do if your car is illegally taken to the penalty area?
1. Checking the legality of police actions
The first thing to do is to check the legality of the police actions. For this, it is necessary to find out the basis on which the car was seized. The law stipulates that the police have the right to seize a car only in certain cases, such as violation of parking rules, lack of documents, driving under the influence of alcohol, etc. If the seizure took place without legal grounds, the actions of the police can be appealed.
2. Obtaining a copy of the protocol and documents
You have the right to request a copy of the report on the offense on the basis of which the car was seized, as well as documents confirming the legality of the actions of the police and towing services. These can be acts, resolutions, orders, etc.
3. Consultation with a lawyer
If you have any doubts about the legality of police actions, consult a lawyer. A professional lawyer will help you assess the situation, prepare the necessary documents and determine the next steps.
How to appeal the actions of the police and towing services?
1. Preparation of a statement of claim
If you are sure that the actions of the police and towing services are illegal, you need to prepare a statement of claim to the court. The statement of claim must contain the following information:
Full name of the court to which the application is submitted.
Information about the claimant (your name, address, contact phone number).
Information about the defendant (police authority or towing service).
A description of the circumstances of the case, including the date, time and place of seizure of the car, the grounds for contesting the actions of the police and towing services.
Your claims (return of the car, compensation for the costs of the tow truck, non-pecuniary damage, etc.).
Evidence supporting your position (copies of protocols, photos, videos, eyewitness accounts, etc.).
2. Filing a lawsuit in court ( filing in court )
After preparing the statement of claim, it must be submitted to the court. The application to the court is submitted to the court that is territorially subordinate to the place of seizure of the car. It is recommended that you apply to the court in person or through a representative to avoid possible delays.
3. Judicial proceedings
After the application is submitted to the court, the trial of the case begins. The court examines the evidence, listens to the explanations of the parties and witnesses. During the trial, it is important to have all the necessary documents and arguments to prove the illegality of the actions of the police and towing services.
4. Execution of a court decision
If the court decides in your favor, the police and towing services are obliged to return the car to you and compensate you for the costs. If the decision is negative, you have the right to appeal it in higher courts.
The cost of tow truck services and reimbursement of expenses
Legal and illegal expenses
The law provides that the services of a tow truck and car storage at the penalty area may be paid. However, if the car was seized illegally, these costs are subject to compensation. You have the right to demand the return of the money paid for the services of the tow truck, as well as compensation for non-pecuniary damage.
How to claim compensation?
In order to claim compensation for expenses, it is necessary to apply to the court with a corresponding statement of claim. In the statement of claim, it is necessary to indicate all expenses related to the seizure of the car and provide documents confirming these expenses (receipts, checks, etc.).
Advantages of legal support
Protection of rights and interests
Legal support allows you to protect your rights and interests in court. A lawyer will help prepare a statement of claim, collect the necessary evidence and represent your interests during the trial.
Professional approach
The lawyer has experience and knowledge in the legal field, which allows you to effectively challenge the illegal actions of the police and towing services. summons A professional approach ensures a successful resolution of the case and maximum protection of your rights.
Saving time and resources
Legal support saves you time and resources. A lawyer takes care of all legal matters, allowing you to focus on other aspects of your life and business.
Conclusion
If your car has been illegally impounded and you are being asked to pay for the services of a tow truck, it is important to know your rights and the steps you can take to protect your interests. Preparing and filing a claim in court allows you to challenge the illegal actions of the police and towing services, as well as to demand compensation for expenses.
Contact the lawyers and lawyers of legal marketplace "Consultant" marketplace to obtain high-quality legal support. Our specialists will provide you with professional advice, help you prepare a statement of claim and protect your rights in court. Entrust your legal issues to professionals and be sure of the safety and legality of every step.
