Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 10 of 10

Thread: Impounded Car

  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Sarah75 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    2

    Impounded Car

    Hello,

    I wonder if anyone can help. My car was recently given a pcnicon, clamped and impounded for 3 days while I was away. I was charged £380 for its release (£60 PCN + £200 removal + storage @ £40 per day). The reason for this was that the residents' bay in which I was legitimately parked was suspended. The council tells me that they are only required to give 3 days notice for a suspension. I had no way of knowing that they had put up the yellow warning sign as I was abroad.

    Can I do anything about this? Any advice would be much appreciated.

    Similar Threads:

  2. #2
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    6,966

    Default Re: Impounded Car

    You need to check the terms of the residents scheme to see if it mentions suspending bays.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    adamna Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    London
    Posts
    425

    Default Re: Impounded Car

    Seems damned unreasonable to me. Can you find out what the suspension was for, and how many bays/length of road was supended?


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Sarah75 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    2

    Default Re: Impounded Car

    It was only a couple of bays, I think for a house-move or some builders. Not sure how long the bay was suspended for, but - alas - I suspect that, knowing the council, duration of suspension or reason for it will make little difference...


  5. #5
    Royalties Account Holder
    Help the CAG!!
    Download our toolbar
    JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative JonCris Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    11,028

    Default Re: Impounded Car

    Was there anywhere they could have safely moved the car to nearby?

    And as a tenant did you get written notice, in advance, of their intentions


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    duntaxi2 Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2008
    Posts
    22

    Default Re: Impounded Car

    have they a traffic regulation order for the street ?


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    adamna Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    London
    Posts
    425

    Default Re: Impounded Car

    They (councils) request being given different notice for different numbers of bays/distance. So the more space, the more notice, e.g. 4 weeks.

    I think it's been pointed out before that they cannot just move your vehicle as you could claim from them for any damage if it was parked in a place not of your choosing (if someone hit it for example). It might be worth trying to find out who applied for the suspension, and how much notice they gave.

    It's definitely something that needs sorting out, a friend of mine had a similar situation, didn't go out of the house for 3 days so didn't know there was a supension 'till her car was gone. I will ask how they sorted it. It's so obviously unreasonable.


  8. #8
    Platinum Account Holder
    Help the CAG!!
    Make a donation
    green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean Highly informative green_and_mean's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2007
    Posts
    6,966

  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    adamna Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    London
    Posts
    425

    Default Re: Impounded Car

    My friend just got back to me with this:
    they picked it up and parked it in another road and slapped a ticket on it. I protested the ticket and won and I never mentioned they had moved the car to anyone I just drove it back.
    Interesting.
    She has left the country, I wonder why?


  10. #10
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    adamna Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2008
    I am in
    London
    Posts
    425

    Default Re: Impounded Car

    I worry a lot. I woke up in the night with this one.

    I don’t know what would happen if a car was legally parked, but not with a residents' permit, but it strikes me that if there are terms to the permit, then they form part of a contract.

    You cannot enforce an unreasonable contract (well you can try).

    It is unreasonable to expect folk to check their vehicle / the road on a daily basis, or engage a 3rd party to do this for them. This 3rd party would in any case need to be able to move the vehicle if necessary. This would mean they need to be insured/capable/have access to keys, a very limited pool of 3rd parties. Therefore it must be an unreasonable contract. PATAS would not be the place to go for restitutionicon on this (yet again).

    There is nothing to prevent the ‘authority’ resolving their problem by either moving the vehicle (as they did to my friend, but to a suitable location) or even removing it to a pound at their expense. With apologies for needing to do so. The inconvenience is enough to deter people from ignoring notices that they have seen, and deter the ‘authority’ from not advertising the suspension properly (they didn’t in several of the cases cited).

    I call that approach service. I call the other a disservice.

    I was listening to a programme about parenting. It warned against talking at teenagers, and advised talking to them, and listening to what they have to say. Common sense, good advice, can be hard to follow after years of being the unquestioned ‘authority’. Whilst that is about parents and children, it demonstrated the dangers of not listening and imposing authority without agreement. The recipients of the imposition tend to rebel, sometimes it gets quite nasty.

    Off to work soon, a one off for the marathon, bizarrely at a solicitor’s office, overlooking the TfL masters at County Hall, I wonder if it’s a sign.....

    Spent ages trying to work out how to get there by public transport given the road closures etc. Would take 55 minutes by various bus/tube (none affected by the closures) and a deal of walking, and I have heavy equipment. Or 10 minutes by car (if that on a Sunday). Decisions, decisions....



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE