The withdrawal of cars from public roads is common. Generally, the tow truck takes away badly parked vehicles, those in fords and also those that seem abandoned because they have not moved for a long period of time. What is less usual is that the car ends up in the scrapyard, and less when the owner did not intend to run out of the means of transport. And besides, he had claimed to get it back.
Is what has happened in San Vicente del Raspeig. And the Administrative Litigation Court number 1 of Alicante He has agreed with the injured party and has condemned the San Vicente del Raspeig consistory to compensate the owner of a 12-year-old Mercedes for leaving him without his car, which he has recovered, but made a scrap bucket.
Now, the City Council must pay the neighbor a total of 5,390 euros. Of these, 4,500 euros correspond to the market value that the vehicle had at the time it was scrapped; and also adds another 890 euros for being the amount that paid by the injured party as a municipal tax to remove the vehicle that was in the warehouse. And that, despite the intention of recovering it, he never saw it again in its original state. It despite the fact that he came to file a claim with the Local Police demanding the return of his vehicle several months before it ended up being scrapped.
The owner paid the fee to recover his utility and despite this it ended up in the scrapyard
The owner’s journey to obtain compensation from the City Council has been long. In the first place, it presented a patrimonial claim to the consistory and later it took the local administration to the courts. He presented a contentious-administrative appeal convinced that he was right: He had parked a car on a street in the municipality, the tow truck took it away, and although he asked to recover it, it ended up as solid urban waste at the recycling plant.
The owner of the scrapped vehicle was forced to appeal the decision of the City Council that rejected the patrimonial claim presented before the San Vicente City Council, which considered the compensation requested “inadmissible” and considered that it had no responsibility whatsoever for what had happened to the owner of the car. Faced with this response, the man went to court to sue the council demanding justice.
It all started on March 10, 2018. That is the day the tow truck took the vehicle, a Mercedes with a GLT license plate, from Gabriel Miró street in San Vicente. In November of that same year, the owner presented a claim for patrimonial responsibility before the consistory. The City Council later alleges before the contentious administrative appeal presented by the injured party that the case had prescribed. Something that the court rejects, noting that the deadline for filing the appeal is not limited to six months.
The case of the scrapped car is complex. The crane took it off the road where it was parked on March 10, 2018. On September 12 of that year, six months later, and as established in the protocol in these cases in which the owner has not appeared to remove the vehicle, the City Council issued a notification to the owner. However, that information never reached the owner. According to the sentence handed down, “it was not carried out properly.”
Almost a month after that communication, on November 19, 2018, the owner of the vehicle went to the premises of the Local Police of San Vicente del Raspeig to pick up his car. And for this he paid a total amount of 890 euros as a tax.
Three days later, on November 22, the owner of the vehicle returned to the police station since, despite having paid the fee to recover his car, it did not appear. He filed a written claim. However, despite this, the car was scrapped on January 19, 2019.
The sentence against the City Council of San Vicente del Raspeig is forceful: “It is evident that, with the inappropriate municipal procedure, a patrimonial damage was caused to the plaintiff that must be compensated,” he indicates. And this, on the one hand, through the market value of the vehicle, taking into account, on the one hand, the characteristics of the car, a Mercedes brand, and its age, around a dozen years, for which a quantity is established. of 4,500 euros. And on the other, returning to the injured party the almost 900 euros that he paid for collection, transport and deposit.
This case is one of the few that successfully ends up in court for the plaintiff. The City Council regularly receives property claims from vehicles related to damages caused on public roads.