Thread: Car towed away - £250 cost to return

Have you got anything in writing from them? What is the name of the company?

I could be barking entirely up the wrong tree here, but I suspect that it COULD be illegal for a private company to tow your car as opposed to a public sector organisation...(i.e. police, council etc).

Towing like this on private land is considered to be the same sort of activity as clamping and thus the "rules" such as they are apply. Have a read of the clamping guide in the stickies as this will give you an idea of your rights and some remedies.

Unfortunately unless the towing firm are feeling charitable (read snowballs chance in hell), then the chances of getting your dosh back without a fight are practically nil. You may have to resort to a civil dispute and take action in county court to get you money back. However from the little you've said the signs are probably not adequate enough for purpose. It will depend on convincing a judge that they were inadequate.

If you paid by card then their is a chance of getting your money back from your bank/credit card company.

You should also check their receipt is compliant with the SIA regulations etc. (see the guide).

Originally Posted by My Real Name

The SIA may have guidelines, and the Private Security Industry Act may have legislation relating to the regulation of the clampers / removers, but it would seem to me that it ultimately depends on whether the signs are large enough and clear enough - have you obtained photos?

Agreed with the last statement.

The SIA make it clear on their website that they do not regulate the signage, the size of the release fee etc. There is no minimum size or height laid down either in case law or on the statute books.

The SIA deal with licensing the people doing the clamping/towing. IMO it's only 1/2 a solution. Typical government thing - 1/2 baked solution which only addresses part of the problem.

The nub of the problem is could the signs be seen and understood. This is the essense of the case law. Arthur Vs Anker "if you park in defiance of a sign you can expect to be clamped". This was modified by the Vine case about the signs not only being visible but the driver has to be able to understand and agree to them.

As I've said you've got to convince a county court judge that the signage was inadequate by reason of size or visability (postioning and at what height,was it obscured, was there enough light to read the sign or wording). Also was it clear from the sign that you would be towed away? Also was their any signage at the entrance to the land. You definitely need photos to back your claim.

The other thing is to check that tow away firm had all the necessary SIA licensing and also permission from the landowner to tow away. It's an offense to perform this activity without a license and it's also an offense to employ unlicensed indivuals. Both the landowner and tow away can be done. If they are unlicensed then the towing would be deemed illegal and you should be able to get your dosh back.