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Car Towed Away and Impounded by The Council


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Hello

 

My niece and her boyfriend had broke down in her car, so they push it off the road onto the kerb. She tried for 20 minutes to start the vehicle but it could not be started. I came back with them early next day with my vehicle transporter trailer, but the car had been towed and impounded by the council.

 

I thought this was a matter for the police, to remove vehicles which are illegally or dangerously parked? Her's was parked safe by the way even though on the kerb.

 

She put this to the council but they want her to pay fine then she gets her car. Also the council requested she prove it had broken down that night, but were unwilling to meet at car yard to be showed. How can this be proved if the council are not willing to come and see for theirself.

 

Any advice welcome.

 

Thanks

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Pay the PCN and towing charge ASAP , there are daily storage charges the longer you leave it.

 

You can then appeal. Presumably the car is still undrivable and will have to be collected by low-loader, which will assist the grounds that it had broken down.

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If this was in London and the contravention was footway parking you will have to rely on Council goodwill to cancel the ticket as breaking down is not an exemption for footway parking as obviously you are unlikely to be driving on the footway when you break down.

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If this was in London and the contravention was footway parking you will have to rely on Council goodwill to cancel the ticket as breaking down is not an exemption for footway parking as obviously you are unlikely to be driving on the footway when you break down.

 

 

 

I recall some adjudicators using the exemption below where they've sympathised.

 

 

(3) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked-

© for the purpose of rendering assistance at the scene of an accident or a bona fide breakdown involving one or more vehicles and –

(i) such assistance could not have been safely or satisfactorily rendered if the vehicle had not been so parked;

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I recall some adjudicators using the exemption below where they've sympathised.

 

 

(3) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked-

© for the purpose of rendering assistance at the scene of an accident or a bona fide breakdown involving one or more vehicles and –

(i) such assistance could not have been safely or satisfactorily rendered if the vehicle had not been so parked;

 

 

 

'RENDER' means to provide or give NOT receive, how was the vehicle parked to give assistance at the scene of a breakdown?

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As we all know adjudicators arrive at their own interpretations. The decisions I recall reading interpreted it as rendering/giving assistance to a vehicle rather than a person which enabled them to say it was acceptable to assist in the breakdown of your own vehicle.

 

 

 

Regardless of any dubious interpretation you seem to have forgotten to cut and paste part 2 of the exemption...

 

 

(ii)the vehicle was not left unattended at any time while it was so parked

 

 

I would like to see the OP explain to PATAS how the Council managed to tow the vehicle without him noticing or convince them that he stayed with the car overnight as it actually broke down the day before?

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PATAS case 211011761A is an example of a breakdown being accepted. As for "attendance" that is a bigger hurdle but PATAS has ruled previously that a person does not have to remain physically with the vehicle at all times. Case 2110097829 being one ruling. If the breakdown can be proved and if the vehicle was being attended to in some form such as arranging for it's removal/repair then a reasonable adjudicator may allow the appeal. Since there is nothing to lose I would appeal and attend a personal hearing to give it the human touch.

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Just goes to show adjudicators can be as stupid as drivers on occasions! I fail to see how any normal person would think moving the car so as not to inconvenience other road users whilst at the same time obstructing the footway is acceptable or how you can park a vehicle on the footway to give assistance to yourself, but such is the stupidity of the adjudication system.

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  • 3 weeks later...
Just goes to show adjudicators can be as stupid as drivers on occasions! I fail to see how any normal person would think moving the car so as not to inconvenience other road users whilst at the same time obstructing the footway is acceptable or how you can park a vehicle on the footway to give assistance to yourself, but such is the stupidity of the adjudication system.

 

 

So what should have been done? Leave car in middle of a busy road hoping you don't get hit. The car's passenger side was put on a kerb so it did not trouble passing vehicles or hinder any of the public walking on pavement

 

 

Anyway, a letter been received from council wanting storage payment etc or log book. It makes you lose your faith in humanity. Ridiculous!

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Dec 7:

 

Dec 29:

 

 

Some people are their own worst enemy!!

 

 

 

The OP is not responsible for payment. The vehicle belongs to his niece.

 

 

OP advise your niece to recover her vehicle as soon as possible otherwise it will be disposed of and further charges will accrue.

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