A car owner left it in another’s custody whilst on holiday. The car was stolen and reported as such. The car was later found abandoned. The police were unable to contact the owner, and the claimant refused to pay the collection charges. The claimant asserted that the impounding of the vehicle was unlawful, since the car had not been abandoned within the section.
Held: The regulations required only that the car should appear to have been abandoned to the officer who found it. It was not necessary to show that it had actually been abandoned. Moreover the claimant was not sufficiently authorised to make the claim on behalf if the still absent owner.
Judges:
Longmore LJ, Carnwath J
Citations:
Gazette 26-Jul-2001
Links:
Statutes:
Road Traffic Regulation Act 1984 99 101(4), Removal and Disposal of Vehicles Regulations 1986 (1986 No 183) 4
Jurisdiction:
England and Wales
Police, Road Traffic
Updated: 08 May 2022; Ref: scu.159503