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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 9th November 2007, 15:10   #1 (permalink)
zedox
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Question Car Towed

I was wondering has anyone claimed back a release fee?
And what are the legalities around towing.

My car was parked in a pay and display bay, the ticket HAD ran out, within half an hour my car was towed away and I was forced to pay 200 odd pounds to have her released.

Now I know my ticket had ran out, so I was in the wrong... But I was wondering if anyone here knows of a way of claiming this back?

The council in question was Croydon. However, can't remember if it was the actual council who did the towing or a contractor.

Cheers.
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Old 9th November 2007, 18:16   #2 (permalink)
Zamzara
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Default Re: Car Towed

I know that adjudicators have strongly criticized councils for towing vehicles that are not causing an obstruction, and suggested that doing so is likely a breach of European rights law.

What I'm not sure about is if an adjudicator is currently able to rule on those grounds; hopefully someone else will post the answer to that.
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Old 9th November 2007, 18:35   #3 (permalink)
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Default Re: Car Towed

Take a look at this I'm afraid it doesn't help you.
What I don't know is if there are grounds to challenge the lawfulness of the PCN and that is successful does the towing automatically fail? Logic suggests it would.
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Old 9th November 2007, 19:57   #4 (permalink)
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Default Re: Car Towed

I was never issued a PCN, they just took my car

At time, I wasnt aware of loopholes and legalities of how things had to be done on their side...

like most people I just assumed it was ok and would have to deal with it!
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Old 9th November 2007, 20:31   #5 (permalink)
zedox
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Default Re: Car Towed

Heres something interesting...

Says that they can only tow if a PCN has been issued... Well, one wasnt!

London Borough of Croydon: Parking enforcement - wheel clamps - car removal


I dont have any paperwork from when all this happened, what do you guys recommend I do? Can i contact the compound for all the paperwork and say they have to provide me with it under the data protection act?

As of course, I cant appeal it without any thing to back it up
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Old 9th November 2007, 22:44   #6 (permalink)
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Default Re: Car Towed

Quote:
Originally Posted by zedox View Post
Heres something interesting...

Says that they can only tow if a PCN has been issued... Well, one wasnt!

London Borough of Croydon: Parking enforcement - wheel clamps - car removal


I dont have any paperwork from when all this happened, what do you guys recommend I do? Can i contact the compound for all the paperwork and say they have to provide me with it under the data protection act?

As of course, I cant appeal it without any thing to back it up
The car would not have been towed without a PCN being issued the release fee includes the PCN cost of £30. Tow away trucks do not look for vehicles overstaying P&D they are called in by the PCN issuing PA.
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Old 10th November 2007, 00:35   #7 (permalink)
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Default Re: Car Towed

I think they're supposed to provide certain documentation upon release.
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Old 10th November 2007, 11:13   #8 (permalink)
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Default Re: Car Towed

Including the appeal forms and instruction on how to appeal
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Old 10th November 2007, 11:55   #9 (permalink)
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Default Re: Car Towed

I can't even remember if the did or not! O dear.

I will get hold of them and ask for copies of ALL documentation.
Will also contact the council to enquire whether a PCN was issued.

There definately was not one on the windscreen when I picked up the car.
And I paid £200 for the release.
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Old 10th November 2007, 12:20   #10 (permalink)
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Default Re: Car Towed

Most PCNs are now photographed on the car as proof of their issue.
As has been stated you should have been given release paperwork with collection and payment.
On that paperwork I would assume there will be a reference number to the original PCN.
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Old 10th November 2007, 12:47   #11 (permalink)
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Default Re: Car Towed

Quote:
Originally Posted by zedox View Post
I can't even remember if the did or not! O dear.

I will get hold of them and ask for copies of ALL documentation.
Will also contact the council to enquire whether a PCN was issued.

There definately was not one on the windscreen when I picked up the car.
And I paid £200 for the release.

What happened at the pound did you just turn up give them £200 and then drive away, surely you completed some paperwork?
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Old 12th November 2007, 01:05   #12 (permalink)
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Default Re: Car Towed

I filled in a release form.
Took some paperwork home with me, don't have it anymore now though.
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