Surprised by towing the vehicle into the detention yard

2000 dirhams as compensation for the owner of a vehicle that was violated in the parking lots

The Abu Dhabi Court of First Instance ruled that a government entity must pay a vehicle owner an amount of 2,000 dirhams as compensation for towing his vehicle from under his place of residence, despite having a valid resident parking permit.

In the details, the owner of a vehicle filed a lawsuit in which he demanded to oblige a “government agency” to pay him a compensation of 30 thousand dirhams, in addition to obligating it to pay fees and expenses, noting that the defendant towed his vehicle from the bottom of the building without right and the knowledge of the plaintiff, and the defendant was contacted to inquire. He left the vehicle more than once, but the employees denied the vehicle's existence, which prompted him to report the vehicle's disappearance to the police.

He added that it was found that the vehicle is located in the detention yard (the Eid prayer hall), and the reservation official stated that the violation must be paid, even though the vehicle is not a violation and that it has a valid parking permit for housing, but he was informed that the violation must be paid and the grievance is filed.

During the hearing of the case, the plaintiff attended, as did a representative from the Government Cases Department, and the attendee on behalf of the government entity submitted a memorandum in which he indicated that the vehicle inspector inspected the plaintiff’s car and it was found that the vehicle did not have a permit to park in the residents’ parking lot, and a violation was issued. The vehicle was returned to the seizure yard, but it was later revealed, when the plaintiff attended, that the vehicle was carrying a violation.

For its part, the court confirmed that the evidence from the lawsuit papers is that the plaintiff instituted the lawsuit as a document requesting compensation for the material and moral damages in return for the defendant towing his vehicle to a parking lot and depriving him of the vehicle, despite his parking his vehicle in dispute in the parking lot for which the subscription fee was paid except The employee of the respondent party issued a violation in the amount of 200 dirhams, indicating the reason for issuing the violation, stopping a vehicle in parking lots and places designated for residents, and it was towed to the place of seizure, which resulted in the plaintiff being obligated to pay the value of the violation and the fine expenses, the vehicle towing fee and the seizure fee were paid in the amount of 800 dirhams. AED 750 25% reduction fee if the fine is paid within 15 days.

In the rationale for her ruling, she indicated that the inspector for issuing the violation had to read the plate well, and that what the present stated about the defendant was that the plaintiff was concerned with showing a clear vehicle plate, and his statements were sent in this regard without evidence. Photographing it from the front, and the inspector had to look at the vehicle from all sides, i.e. front and back, to verify the number and code, especially since the numbers were identical except for the letter R or H. On the letter H so that it is read as the letter R. If he checked the rear of the vehicle, he would not have made this mistake.

The court confirmed that the error was proven through what was made by the defendant’s agent, which led to the damage being done to the plaintiff and depriving him of the vehicle and searching for it while he was in dire need of it, even if it was for one day. The plaintiff is entitled to 2,000 dirhams, in addition to obligating her to pay fees and expenses.

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