How Not to Pay for Evacuator’s Services and to Return Your Car from Penalty Area


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How Not to Pay for Evacuator’s Services and to Return Your Car from Penalty Area


31-12-2008

Law Firm’s client came to the place where his car supposed to be and realized that it wasn’t there. Later he found out that his car had been evacuated on the penalty area because of parking rules violation.

The officials of public utility companyKyivtransparkservicewhich were present on that penalty area, as well as the policemen refused to return the car if the client won’t pay for evacuator’s services.

Today the owner of the car came to the main office ofKyivtransparkservice” with a petition and demand to return his car without paying more then 1, 000 hryvnas. Arguments for such apply were following according to the law:

  • Kyivtransparkserviceviolated the article 265-2 (part 1) of Administrative Code of Ukraine in which the temporary evacuation of the car is not foreseen in case of parking rules violation;
  • the absence of legal ground and evidences for car evacuation;
  • the driver of the car was not returned guilty in administrative violation when he was informed that he had to pay; actually this public utility company provides punishment when the person is accused but still he is not guilty;
  • the driver of the car didn’t order any services as evacuation of his own car for this public utility company;
  • the norm of article 2.12 in Order which was ratified by Kyiven City State Administration #14/104 from 16.07.2008 according to which any vehicle has to be returned to its owner or to the empowered person without paying for evacuator’s services if the driver refused to pay with further collecting of the sum of money in court.

After the hour of negotiations the car was returned to its rightful owner without any payment for evacuators services.

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