# Motorhome Vanished!



## V-Dog (May 10, 2012)

On returning to the CDS, after a short spell in Portugal, I recently parked up my UK motorhome in a private car park, across from a friends apartment, only to return less than two weeks later to find it had vanished one afternoon! 

As I had left the vehicle here on a few occasions over the last 18 or so months without problem, along with the car park being off road, I was sure it must have been stolen but on calling the local 'car pound' I was informed they had collected the vehicle as per the instructions of the local police!

I have since called & attended at the police station only to be told something similar to - people in the relevant department are currently unavailable at this time, please call / come back later! On pressing a bit further I was told not too worry as the matter isn't serious!

Could anyone here advise as to what grounds the police could possibly have for acting as they have on this occasion. 

Thanks in advance


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## Overandout (Nov 10, 2012)

There is currently a big isue about motorhome parking in Spain with many motoring groups fighting against unclear laws about when a motorhome is considered as a "parked motorvehicle" and when it is considered as a "temporary accommodation".

The police are extremely over zealous in many areas because they are (rightly) trying to enforce the rules that say you can only "camp" at authorised sites. Not on any public or private land that is not authorised.

Yours has probably been deemed by the police to be "camped", not "parked" and has therefore been removed. Only you can know if you have broken any of the many rules that are in place that allow the police to distinguish between the two scenarios.

From memory here are some of the actions that owners / drivers take that legally change the status from "parked" to "camped":

Any furniture outside
Any extendable awnings / roofs extended
Any inbuilt stabilizers / levelling legs deployed
Any wheel chocs used
Any fresh or foul water containers in use
Any accessories, sky lights, windows which protrude from the external confines of the bodywork.

There are many more, but you will need to check on them and make sure you can prove that none of the factors that turn it from a parked vehicle to a camping accommodation were present when the police removed it. As you were not in, or even near the vehicle I doubt you would have been guilty of many or any of these, but it is easy to get caught out, and the police are also very confused about the law.

This is of course if that is their reason to have removed it, but I would say that it is very likely.

You may be able to get help from RACE or RACC or some other automotive organisation in Spain.


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## Overandout (Nov 10, 2012)

Servicios Jurídicos Ibenses Autocaravanas: ¿aparcadas o acampadas?

Here is a link to a legal services site that will point you to the appropriate legislation.


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## V-Dog (May 10, 2012)

Thanks you very much Overandout for the very intersting and helpful advice you have provided. 

Although I am quite certain I haven't acted in anyway that could see the vehicle deemed to be 'camped' I believe this legisltation and over zealous police actions are most likely the explanation for this unfortunate occurrence.

The only other explanation I could think of was due to the vehicle no longer having a tax disc and an over zealous police officer acting without being unaware of the fact they are no longer required / provided for UK vehicles.


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## Pesky Wesky (May 10, 2009)

V-Dog said:


> Thanks you very much Overandout for the very intersting and helpful advice you have provided.
> 
> Although I am quite certain I haven't acted in anyway that could see the vehicle deemed to be 'camped' I believe this legisltation and over zealous police actions are most likely the explanation for this unfortunate occurrence.
> 
> The only other explanation I could think of was due to the vehicle no longer having a tax disc and an over zealous police officer acting without being unaware of the fact they are no longer required / provided for UK vehicles.


I really don't think it would be anything to do with a tax disc as that has nothing to do with Spanish regulations and doubt if most police over here ever knew anything about them.

Around here, if a vehicle is left parked in the same spot for a long time, a sticker will be put on it saying it's suspected of being an abandoned vehicle, and that it will be towed away in XXX days


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> I really don't think it would be anything to do with a tax disc as that has nothing to do with Spanish regulations and doubt if most police over here ever knew anything about them.
> 
> Around here, if a vehicle is left parked in the same spot for a long time, a sticker will be put on it saying it's suspected of being an abandoned vehicle, and that it will be towed away in XXX days


same around here

and even then usually only if someone has brought it to the attention of the police by complaining


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## Pesky Wesky (May 10, 2009)

xabiachica said:


> same around here
> 
> and even then usually only if someone has brought it to the attention of the police by complaining


Yes, I've seen the stickers in streets that are always full of parked cars so the "abandoned" car really is taking up a spot that could be used by someone else


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## Lynn R (Feb 21, 2014)

Overandout said:


> The police are extremely over zealous in many areas because they are (rightly) trying to enforce the rules that say you can only "camp" at authorised sites. Not on any public or private land that is not authorised.


In some cases (not the OP, I'm sure) I'm not surprised. We saw one parked on the Paseo Maritimo in Torre del Mar one day, which had a notice stuck in the window displaying the address for postal deliveries (which was the spot it was parked in, I should explain).


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## V-Dog (May 10, 2012)

I was aware of the sticker 'system' which results in warnings for suspected abandonded vehicles but can can confirm no stickers were applied to the vehicle during the time it was spent parked. The motorhome was in a friend's apartment block car park allowing for her to keep an eye on it anytime she looked out the window or left home. Seeing it numerous times per day she was able to guarantee no such stickers were ever present.


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## Pesky Wesky (May 10, 2009)

V-Dog said:


> I was aware of the sticker 'system' which results in warnings for suspected abandonded vehicles but can can confirm no stickers were applied to the vehicle during the time it was spent parked. The motorhome was in a friend's apartment block car park allowing for her to keep an eye on it anytime she looked out the window or left home. Seeing it numerous times per day she was able to guarantee no such stickers were ever present.


Don't you think a resident might have complained or even have been alarmed at the motorhome's presence?
Perhaps the police did just tow it away, but I doubt that they would if nobody else had said anything about it, or is it in a place that police often go by anyway?
Anyway, where is it now because if it's in the police pound you have to pay a considerable sum every day until you go and collect it?


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## mrypg9 (Apr 26, 2008)

Our village beach is small and quiet, reached down a paved track. At all times of the year there are monster motorhomes parked there for weeks on end. Mostly there's no rubbish or nuisance of any kind but they do spoil the view and there's a camping place just a few km up the road. I can see the attraction of parking on the beach but a string of washing does detract from natural beauty....
The police never come down the beach as it's so quiet even in summer so no-one moves them on.


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## V-Dog (May 10, 2012)

Finally some progress! On A Sunday!!

Apparently, someone had called the police to tell them the vehicle had no UK road tax & no ITV! 

I was told I now have two options, 1- I can go get my documents to prove the car has 'paid taxes', (such documents are in the vehicle) or 2- I can come back to police station tomorrow 'where possibly a colleague can check with UK DVA' for me!

I think I'll go with option 1 by going to the car pound and attempting to get access to the vehicle for the required documentation as the officer didn't seem very sure about option 2. Does anyone think it likely I would have any success with option 2? Would a Spanish officer be able to check with UK DVLA? I didn't think this was likely  (Number 2 would be an easier option for me)

Also, for anyone who may be interested - the officer told me they can remove a car if it's been in the same space, unmoved for a period over 15 days, including if the car is parked in an off road car park!


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## Pazcat (Mar 24, 2010)

I wonder if you would have a case in trying to claim your costs back from this concerned samaritan who made a seemingly false? report.
I'd certainly look into it especially if the impound costs are high and even if you can't claim back it may be worth mentioning if for nothing else to remind this chuck to mind their own business next time.
Mention it to the police and see what they think?


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## Pesky Wesky (May 10, 2009)

Pazcat said:


> I wonder if you would have a case in trying to claim your costs back from this concerned samaritan who made a seemingly false? report.
> I'd certainly look into it especially if the impound costs are high and even if you can't claim back it may be worth mentioning if for nothing else to remind this chuck to mind their own business next time.
> Mention it to the police and see what they think?


Maybe it was the police who were in the wrong though, as they acted on the reporting of the vehicle not having x and y and maybe they should have checked the truth of that before impounding the vehicle.


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## Pazcat (Mar 24, 2010)

True it could be that as well.
It could just be easier to let it go.

As a side note what are the rules on having a van or motor home in your own yard?
Was thinking of renting one to whack in the drive for when visitors come, surely that would be allowed?


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## mrypg9 (Apr 26, 2008)

Pazcat said:


> I wonder if you would have a case in trying to claim your costs back from this concerned samaritan who made a seemingly false? report.
> I'd certainly look into it especially if the impound costs are high and even if you can't claim back it may be worth mentioning if for nothing else to remind this chuck to mind their own business next time.
> Mention it to the police and see what they think?


Hah.....I have more chance of being elected Miss Estepona 2016....


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## Pazcat (Mar 24, 2010)

That maybe but if you can prove that they acted upon a false report I see no reason not to ask for the Policias complaints book.

Just by asking you might find things become more reasonable and if not or you have no recourse then you can at least be guaranteed that by making the complaint it will be investigated and the police wont like that one bit, the person who originally made the call will definitely be visited at the very least.


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## Stevesolar (Dec 21, 2012)

Hi,
I think you need to check whether they put warning notices on the motor home, before towing it away.
If they put notices warning the owner to "move it or lose it" - and because you were away and did not see the notices - then they arguably acted correctly.
It's not their fault that you did not see the notices for x days.
If, however, it was towed the same day as it was reported - simply because they could not see a UK tax disc - then you would have a stronger claim for "wrongful arrest" of your property.
You therefore need to establish the timeline - before you make your next move.
Best of luck.
Steve


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## Jumar (Mar 14, 2012)

If your motorhome is UK registered and you are living in Spain its probably been reported for this fact. It should have been re-registered in Spain or at the very least have a current MOT and insurance.


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## SteveScot (Feb 11, 2013)

Not sure if this may help the OP:

https://www.vehicleenquiry.service.gov.uk/

Shows the current MOT and tax situation on a specific UK reg vehicle. We use this all the time in the garage to update customers records with....

The OP could even get the Spanish police to go to the website in their office if possible.


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## Jumar (Mar 14, 2012)

Any news???


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## gus-lopez (Jan 4, 2010)

If it was parked legally in a space which your friend has the right to use in the car park, then make a "denuncia" reporting it stolen. Make a second denuncia regarding the police removing it illegally & without checking , which is what the are required to do. Make a third about the "illegal& false" denuncia that the complainant originally made
The police do not like false denuncias, which is what the complainant has done. Additionally you can sue the person who made the original unfounded denuncia.


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## KChrisC (Oct 2, 2014)

*Answer to Impoundment*



V-Dog said:


> Could anyone here advise as to what grounds the police could possibly have for acting as they have on this occasion.


Money, and tyranny.

As for not making it easy to contact them and rectify the situation: Daily impound fees.

More money, and tyranny.

You are welcome.


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## mrypg9 (Apr 26, 2008)

Yesterday two enormous German plated motor homes drove slowly down a narrow residential street, totally blocking it both ways. The driver of the last one in the mini convoy asked if there where anywhere near where they could park. I told him there was a camping park with full onsite facilities a few km down the A7. 
He replied he didn't want to go there 'as it cost 25 euros a night'.
There must have been four people in that one enormous deluxe all mod cons monster.....
I smiled, said a hotel would cost much more and suggested he find somewhere inland.
Is it indeed against the law to park such a vehicle in a residential street?


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