Long post. Please bear.
This incident happened outside KEM Hospital, Parel.
My wife is a doctor at KEM. Most days I just drop her and go. This particular day we had some small work inside the hospital and so I parked my car by the road just like many other cars. I went in for about 45 mins and came back to see my car missing. I was told by bystanders the car was towed away just 2 minutes ago which means I would have been at the exit gate around the time. Infact, the last 10 minutes I was on the 2nd floor at the window overlooking the road while my wife went inside to speak to the Accounts team. I didn't find anything unusual on the road although my car was not in my direct sight. There were other cars beside my car which were left as is. My car is TS registered and hence they might have thought of it as an easy target. I understand the convenient explanation they can give - We can tow only 1 car at a time and we can choose which car we want to tow. All cars were parked perpendicular to the road so, it's easy to identify and tow away whichever car they want. There was no Public Announcement on a megaphone which is the rule.
https://www.financialexpress.com/ind...police/947690/ Quote:
Before towing away a vehicle from no-parking area, police should make an announcement on megaphone and ask if its owner is around, as per the new set of rules issued by the Mumbai traffic police.
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Had they announced, I would have probably rushed to the car and just pay off the No Parking fine without my vehicle getting towed away. I then came to know that the road has No Parking on left/ right side on odd/ even days respectively. It is a one way but there is lot of two way traffic and they turn a blind eye to that.
We both rushed to the nearest Traffic Chowki which is more than a km away. While walking I checked online as to what is the usual process in case a vehicle gets towed away. This is the first result i saw:
https://www.freepressjournal.in/mumb...your-own-peril Quote:
Before the MCGM loaned out 36 towing vehicles, traffic police had to rely on towing vehicles from private contractors, for which tenders were floated. However, during lockdown, the towing vans were not required as lesser vehicles were there on the road. The private towing vans charge ₹400 as towing charges while the fine for parking in a no-parking area would be just ₹200."The MCGM towing vans will not charge towing charges and the motorists will be fined with a only a no-parking penalty of Rs 200," said Pravinkumar Padwal, additional commissioner of police (traffic).
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I received a similar No Parking ticket for Rs 672 just 20 days ago where my vehicle was towed away in Sion. On that day I had an appointment in the Passport office and didn't bother to check the rules. I went to the chowki directly and was told to pay Rs 672. I mentioned the place i had parked didn't have a No Parking board in the vicinity and it was also well ahead of the busstop. They immediately dropped the towing charge and told me to pay the No Parking fee of Rs 200. The SMS i received mentioned Rs 672 and that i can pay the fine in 15 days time. I checked the Maharashtra e challan site which showed a fine of just Rs 200 which i paid. I felt this towing charge was illegal and was being collected from unsuspecting people. Paid Rs 200 on the site and the vehicle was released immediately. I never received a no parking ticket in the last 3.5 years in Mumbai but received 2 in a span of 20 days.
The Mumbai Traffic Police can fine you for 83 reasons listed here with fine amounts.
https://trafficpolicemumbai.maharashtra.gov.in/fine/
Nowhere it mentions anything about towing charges.
In the meanwhile i received a similar SMS this time too for a fine of total Rs 672 which includes Rs 200 towards No Parking charges and Rs 472 (Rs 400+Rs 72 GST) towards towing charges. I felt last time i was fortunate but this time i will be coerced into paying the towing charges too because we know how the police are. I reached the place and it was not so busy that day. I met another car owner who just paid Rs 672 including towing charges too.
I identified my car which was on the edge of their premises in a busy 4 junction. A careless driver could even have hit the car and take no responsibility for it, saying careless parking on the road (by me or the traffic cops). I went to the car to see if there was any damage to the bumper during towing and to the wheel if there were any scratches by the clamp. I found the clamp was just placed at the wheel and was not locked. That was the case with other cars too. The yellow color clamp gives an impression it's locked so as to deter people from driving away. I just displaced it with my hand and it came off. I put the clamp beside the car, got in, waited for another minute or so for the oncoming traffic to reduce, as it was parked carelessly, half of the width of the car on the road facing the traffic turned 180 degree and drove. My car would have caused more trouble to other motorists where they had parked than the place where they had picked it up from. I thought i'll pay the fine online which is anyway showing on the echallan site.
I drove 50 metres or so and then stopped by the road nonchalantly and took a phone call for about 10 minutes. Again drove hardly 50 metres and stopped for a red light. The traffic cop who towed away my car reaches and knocks on my window. I lowered down partly and he told me the vehicle was towed away and I didn't pay the fine and I had to pay. I told him the fine is reflecting online on my vehicle and I will clear it like the way I clear the fines periodically and that I anyway have at least 15 days to clear it. I was getting late as my wife had to report to work which is very time sensitive. He was also probably aware that the online fine is for No Parking alone(Rs 200) and he wanted me to pay it then and there so he could charge me for towing too. I refused and he called in someone slightly senior to him and he mentions what i did amounts to theft and was blurting out Section 379, 379 occasionally. Arguments leading nowhere, with no choice we all reached the chowki again. Asked for vehicle papers and told me to clear the fines including some earlier ones. I did. He took photo copies of the papers, with my number and told will file a case if his seniors ask him to. Then we had a small chat with him about the rules and that I was not aware etc. He also mentioned some anecdotes about how people who changed the locked clamped wheel with spare and drove away were charged with theft and are in jail. He took some names from my wife's hospital and asked if we knew them. He mentioned how he helped them. Asked if we knew a particular doctor in KEM whose car was stolen and how he helped find it. He turned friendly to the extent that we exchanged mobile numbers and took some photos. Expressed gratitude for educating regarding the rules and how things can be turned against one. While leaving i mentioned about the photocopies with him. He told me not to worry and he would not go ahead with filing a case.
It's been 4 days since and no call from him. But, just wanted to seek expert opinions from senior members here on this situation. Can a case be made out in this? I am feeling a bit unsettled since the time he mentioned 379, theft etc and that i stole a car that actually belongs to me.