Vehicles are not only towed incorrectly parked and placed in the police, but also after suspicion of a crime committed with you or assuming that the owner had abandoned them. Depending on how long such a police "confiscation" takes, the owner may later receive a salted invoice for these accommodation costs. Worse still, he usually has to pay the sums he is required to pay in order to regain ownership of the vehicle.
In the specific case, the vehicle had been confiscated in June 2011 on suspicion of using false vehicle kennel and an application for the registration plates to be retained as evidence with the return of the vehicle had been rejected by the court in 2011 and 2012. It was not until November 2014 that a small fine was handed down, on the grounds that the accused had been admitted. The surprise came when trying to pick up the vehicle: the parking space demanded more than 17,000 euros on the hand because of the service life of approx. 3 1/2 years and it had to be determined that the vehicle was in a pitiful condition and unfit to drive after all this time unprotected in the open air.
After unsuccessful submissions on the cancellation of the storage costs, the 2nd Orihuela Trial Chamber now (on 28.9.2015) makes a very interesting decision that deserves to be published:
The Public Prosecutor's Office had requested that the indefinite surrender be refused, with reference to the provisions of the Sraßenverkehrgesetz (RD Legislativo 339/90 of 2.3.1990), which, in the normal case of confiscation by the police or authorities, lays down the principle of payment of the accommodation costs by the owner as a condition of recovery. However, the court has recognised that this argument falls short: since, in the specific case, the allegation of a criminal offence against the owner is still being used for months or months. It has been established for years and is therefore not a (short-term) seizure, which can be definitively completed by paying an immediately determined fine (as in the case of false parking), the standards for the storage of evidence must be used, and after that the vehicle could have been handed over to the person concerned with reference to his obligation to keep (more precisely in Real Decreto 2783/1976). Since the owner has not been offered this much less onerous measure and even his requests for re-assurance were simply rejected without any indication, the state must now bear the storage costs, just as for firearms or other evidence.
This means that our application in favour of the owner has now been approved and he saves himself the more than 17,000 euros that had been demanded of him. The state's (or privately operated parking space) is still open to the damage caused by the state (or the privately operated parking space).
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