My car got towed

[Bobton]

Had my car towed earlier in london. Admittedly it was my fault, i was parked on a single yellow line (so i don't need to be told again thanks ) but after years of parking down this little residential street which isnt blocking anything, didnt think this would happen!

 

was a nightmare tbh as you can imagine. Came out and thought it was stolen nearly called the police, until a neighbour came out and said a truck came and picked it up.

 

Anyway, it cost £265 to pick it up from the pound. However on the parking ticket they gave me when i picked it up, it says '£130 fine unless paid within 2 weeks then £65'

 

The time the enforcement officer 'observed' it was only for 7 minutes.

 

What i want to know is, is it normal for them to just tow a car and not tell the owner??

 

According to this

http://www.appealnow.com/towing/

it says a pcn must be given to the owner. Is this true? because i wasnt given anything.

Why didnt they just give me the £65 fine instead of towing it away and charging £200extra??

 

Is there anything i can do about this?

thanks

[TheBogsDollocks]

Others will answer your questions but you can include the text below in your appeal if you want.

 

Before my vehicle was removed a Civil Enforcement Officer (CEO) served a Regulation 9 Penalty Charge Notice (PCN) by fixing it to my vehicle. The Statutory Instruments made under the Traffic Management Act 2004 (TMA 2004) and also the Secretary of State’s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions, to which Enforcement Authorities must have regard, specify that service by a CEO initiates my statutory right to a period of 28 days in which to pay the penalty charge or to make an informal challenge that a council must consider. Furthermore, I have a statutory right to receive and respond to a Notice to Owner if my informal challenge is not accepted.These rights are enshrined in law and clearly conveyed within the statutory content of the PCN served by the CEO.

 

However, I was denied by coercion my right to the 28 day statutory period in which to pay the penalty charge; I was also denied my right to have an informal challenge considered and I was obstructed from my right to receive and respond to a Notice to Owner. Also, I have been subjected to an appeal process pursuant to the Road Traffic Regulation Act 1984 (RTRA 1984) NOT the TMA 2004. It is absurd that my vehicle has been removed from within a Civil Enforcement Area by a Civil Enforcement Authority for a road traffic contravention subject to civil enforcement and yet the only feature of civil enforcement pursuant to the TMA 2004 that the council has applied is the penalty charge.

 

Civil enforcement is regulated by the TMA 2004 and is a statutory process that begins with the service of a PCN it does not end with it. In this respect, I understand that procedural impropriety occurs where an Enforcement Authority fails to observe any requirement imposed by the TMA 2004 and its associated Statutory Instruments. My right to either pay or contest the PCN in accordance with Part 6 of the TMA 2004 was completely denied as noted above, therefore, there can be no doubt that a procedural impropriety has occurred.

Edited February 22, 2013 by TheBogsDollocks

[Bobton]

Others will answer your questions but you can include the text below in your appeal if you want.

 

Before my vehicle was removed a Civil Enforcement Officer (CEO) served a Regulation 9 Penalty Charge Notice (PCN) by fixing it to my vehicle. The Statutory Instruments made under the Traffic Management Act 2004 (TMA 2004) and also the Secretary of State’s Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions, to which Enforcement Authorities must have regard, specify that service by a CEO initiates my statutory right to a period of 28 days in which to pay the penalty charge or to make an informal challenge that a council must consider. Furthermore, I have a statutory right to receive and respond to a Notice to Owner if my informal challenge is not accepted.These rights are enshrined in law and clearly conveyed within the statutory content of the PCN served by the CEO.

 

However, I was denied by coercion my right to the 28 day statutory period in which to pay the penalty charge; I was also denied my right to have an informal challenge considered and I was obstructed from my right to receive and respond to a Notice to Owner. Also, I have been subjected to an appeal process pursuant to the Road Traffic Regulation Act 1984 (RTRA 1984) NOT the TMA 2004. It is absurd that my vehicle has been removed from within a Civil Enforcement Area by a Civil Enforcement Authority for a road traffic contravention subject to civil enforcement and yet the only feature of civil enforcement pursuant to the TMA 2004 that the council has applied is the penalty charge.

 

Civil enforcement is regulated by the TMA 2004 and is a statutory process that begins with the service of a PCN it does not end with it. In this respect, I understand that procedural impropriety occurs where an Enforcement Authority fails to observe any requirement imposed by the TMA 2004 and its associated Statutory Instruments. My right to either pay or contest the PCN in accordance with Part 6 of the TMA 2004 was completely denied as noted above, therefore, there can be no doubt that a procedural impropriety has occurred.

 

thanks for the reply, that is very useful.

 

I have a couple of questions though..

 

1) i wasn't there to see a PCN fixed to my vehicle.

2)Also regarding the 28 days, i have an appeal form which says i can appeal after 28 days. Is that saying i should have 28 days before i have to pay anything, as i had to pay to get the car back.

[TheBogsDollocks]

You don't need to be there to see the CEO fix the PCN to your vehicle all that the law requires is that the PCN is served by either fixing to the vehciel or handing it to the person considered to be in control of the vehicle. You can certainly ask the council to prove that a PCN was fixed to your vehicle prior to its removal.

 

The appeal process applied gives you 28 days to make representations starting from the day you were informed about your right to make representations. This tends to be the day you pay and recover possession of your vehicle.

 

To understand my text it may help to read post number 15 in the thread linked below.

 

http://forums.pepipoo.com/index.php?showtopic=76538&st=0

[Bobton]

thanks, ive just had a read of that thread, and it is the exact same paper which i was given (hammersmith & fulham)

 

i'm going to appeal and im going to include these points;

 

1) inadequatesignage - only one sign in the street for parking time zones

2) The pcn says

'Please do not make any payment if you want to challengethis PCN'

which is a false and misleading statement which places therecipient in an impossible position: -

Pay the charge and (according to the PCN) abandon the rightto appeal

Or

Leave the vehicle in the pound incurring an escalatingstorage charge pending the appeal outcome.

The wording amounts to an impropriety which in turninvalidates the PCN

(3) i was not served a pcn prior to its removal

 

Is there anything else i can include in my appeal? anything would be great. There are so many rules, regulations and acts mentioned in that linked forum i just dont understand which would be relevant to my case?

[TheBogsDollocks]

Point 2 is covered better by the text I gave you and as far as I'm aware you have no evidence to claim no PCN was served prior to removal. For point 3 you should say that you are not satisfied that a CEO correctly served a PCN prior to removal and you require evidence that demonstrates that a PCN was correctly served in accordance with the law.

[Bobton]

thanks, thats great

 

i've just spoke to them on the phone.

According to the pcn, the vehicle was observed from 13.09 - 13.16

When i asked them what time was it lifted, he said at 13.16.

I then asked him, how long does it have to be from when the pcn is issued to the car being towed and he replied saying he doesnt know. Does anybody know if there is a time limit??

[Jamberson]

Just to get back to your original queries too:

 

 

What i want to know is, is it normal for them to just tow a car and not tell the owner??

 

According to this

http://www.appealnow.com/towing/

it says a pcn must be given to the owner. Is this true? because i wasnt given anything.

Why didnt they just give me the £65 fine instead of towing it away and charging £200extra??

 

It would be more or less impossible to tell the owner. They don't know who owns the car when they are towing it, or indeed where you are and how to get hold of you.

 

It isn't true that a PCN must be given to the owner. They mean it must be served on the vehicle (or handed to the driver in the unlikely event he is present).

 

Why did they tow it? You'll have to ask them - but they are entitled to tow any vehicle parked in contravention if they wish.

[TheBogsDollocks]

thanks, thats great

Does anybody know if there is a time limit??

 

It depnds where a vehicle is parked. If in certain parking places then a statutory time rule applies but if on yellow lines for example then no statutory time rule applies. See the link.

 

http://www.legislation.gov.uk/uksi/2007/3484/regulation/4/made

 

However, a council can set their own time rules or sign up to a time rule set by London Councils. You would need to contact the council and ask them to provide you with a copy of their policy guidance for vehicle removal. If they have one it might be on their website under the parking enforcement section.

[Bobton]

ok, thanks guys

 

bogsdollocks, i'll give hammersmith and fulham council a ring and ask for their policy guidance for vehicle removal. Ive just had a look on their website and couldnt see it