Illegal to tow your car away? bailiffs for ctax

[seylectric]

The police can legally tow your car away (or at least find a legal reason to do so), that's a given.

 

But if bailiffs threaten to tow away your car because you haven't paid your council tax or a parking fine for example, is this legal? How about tow-away areas in town centres. Can they legally tow your car for parking on a double yellow line?

 

Well not according to your car insurance policy, which is a legal document because you are required to be insured by law. Your car insurance policy will state that if your car is taken without your permission it is classed as theft.

 

So you have a legal document which states that your car cannot be legally towed away. If it is, it has been taken without your permission; i.e. it has been stolen. Any thoughts on this?

[Spiceskull]

Interesting dilemma - I would think that if your car was towed away by anyone with a court order allowing for this, then it would be legal, and would not be considered theft.

 

I think a similar situation applies when you are parked illegally on the public highway, such as double-yellow lines and council car parks, although there is debate on the legality of penalties (at least in terms of the wording)

[seylectric]

Ah, but even though a court order may effectively appear to make this legal in the eyes of the law, that may not actually the case as it contravenes the terms and conditions of the car insurance policy, which remember is a legal document.

 

It appears to be even less likely to be legal when a car is towed away because it's on double yellow lines etc. because this has been done simply as a result of a bye-law, not a court order.

[alanfromderby]

The car insurance contract is between you and the insurance company. Effectively you would have breached the contract by parking in such a place that has caused your car to be towed away - or your actions have caused a court order that has resulted in your car being towed away.

 

That would be my view.

[Spiceskull]

Ah, but even though a court order may effectively appear to make this legal in the eyes of the law, that may not actually the case as it contravenes the terms and conditions of the car insurance policy, which remember is a legal document.

The document may well be a legal document, but so are the Ts&Cs you sign with the bank...it is only legal for as long as the court deems it so.

 

A court issued order/warrant for removal would certainly over-ride any contract between you and the insurers, although as Alan says, the insurers could take this as a breach initiated by you, and refuse to pay out.

[BotB]

I really can't see where a car insurance policy comes into it. Its not a "legal" document in the sense you seem to mean - like an act of parliament or statutory regulations. Its simply the contract between the owner/driver and the insurance company as to the terms of the insurance. No way will it ever overule a Court order or have any influence on what bailiffs do.

 

The bailiffs can levy distress on your car if they have a warrant. This means they can take it off your drive or from outside your house. If they can't get in your house then they'll take what's outside so best park your car out of the way somewhere if you think its at risk.

[seylectric]

The bailiffs can levy distress on your car if they have a warrant. This means they can take it off your drive or from outside your house. If they can't get in your house then they'll take what's outside so best park your car out of the way somewhere if you think its at risk.

 

Well the bailiffs can't take my car even though it's parked on the street, but don't worry, the original question is theoretical.

 

However it is possible that your car cannot be towed BEFORE the people in question have a court order, which would generally be the case if your car was towed for being parked say in a car park and you hadn't paid the parking fee.

[BotB]

However it is possible that your car cannot be towed BEFORE the people in question have a court order, which would generally be the case if your car was towed for being parked say in a car park and you hadn't paid the parking fee.

 

There's no Court order needed. Its all been done away with now like a lot of other civil liberties that Tony Bliar and his lot have got rid of. Its virtually an administrative process in which there are limited grounds for appeal - most people don't appeal so all the more money in the Councils' and therefore the Government's cash registers.

[seylectric]

 

There's no Court order needed. Its all been done away with now like a lot of other civil liberties.....

 

No it hasn't been "done away with", and that's what I'm getting at. Blair and co have introduced these so -called laws, but they may go against the constitution (Bill of Rights, Human Rights Act to name but two) and be illegal.

 

These acts were put in place to protect us specifically so that people like Blair couldn't do what they (think) they have done. The thing is that most people don't realise it and just pay up.

[BotB]

No it hasn't been "done away with", and that's what I'm getting at. Blair and co have introduced these so -called laws, but they may go against the constitution (Bill of Rights, Human Rights Act to name but two) and be illegal.

 

I have no idea what you're talking about, sorry.

[seylectric]

Tha't's exactly why I started the thread, to establish how clued up people were on laws like this.

 

Just like bank charges are illegal, so are many bye-laws such as tow-away zones for cars. Local councils and the government have introduced many new laws, but many of them are not worth the paper they are written on. There are "higher" laws that overrule them.

 

For example, a bailiff cannot tow away your car if it is for business use. Given that parking laws are nowadays generally civil matters, it is unlikely that your car can be legally towed away as the council would have to determine in advance whether or not you car is for business or private use.

[deemacperth]

No it hasn't been "done away with", and that's what I'm getting at. Blair and co have introduced these so -called laws, but they may go against the constitution (Bill of Rights, Human Rights Act to name but two) and be illegal.

 

These acts were put in place to protect us specifically so that people like Blair couldn't do what they (think) they have done. The thing is that most people don't realise it and just pay up.

 

 

 

The Bill of Rights defence is used when whatever Act is being argued against (the favourites at the moment are the Road Traffic Act 1991, Road Traffic Act 1994, London Local Government Act 2000, etc] ) hasn't expressly repealed the Bill of Rights Act 1689 (enacted and formally entered into Statute following the Declaration of Rights 1689)

 

The acts in question are legal, they simply have mistakes in them (i.e they haven't expressley repealed the B.O.R)

 

So what's happening is that whilst an agency was intended to fine you, (i.e the CC) because of the ommision they are actually acting ultra vires.

[norvernrob]

I did see something on TV very recently that stated it is illegal to tow a car whilst you are in it. So if anyone looks like getting their car towed, get in it, lock it and stay there!

[a_i786]

Is it against the law if your car is parked in a car park bay but the front tyre is just over the white line? and is it fair to be charged £120 on the spot to have the clamp removed just so your car dont get towed away...

 

i thought it would be more illegal to have 2 men demand you pay the money or have your car towed away and scraped... its almost a mugging

 

as far as im aware in the car park it said your car will be clamped & towed away if your car is parked illegally...

 

 

they need to make these laws clearer

[hunkydory]

Regarding Car parks - wheel clampers (or vehicle immobilisers as the industry calls them) have to be licensed under the 2001 Private Security Industry Act. If you are clamped on PRIVATE property then you should demand to see the clampers licence. If they refuse or don't have one - call the police as they are operating illegally. You can also report the matter to the SIA (Security Industry Authority) who operate the licensing of security operatives. Have a look at the SIA website for more info.

[BotB]

Just like bank charges are illegal, so are many bye-laws such as tow-away zones for cars. Local councils and the government have introduced many new laws, but many of them are not worth the paper they are written on. There are "higher" laws that overrule them.

 

There have certainly been attempts to argue these points as a defence. They have not succeeded so far. Maybe one day someone will get as far as the Court of Appeal or higher for a definitive judicial pronouncement of the constitutional law. Until then, long may the debate continue.

[bitbob]

it is unlikely that your car can be legally towed away as the council would have to determine in advance whether or not you car is for business or private use.

 

Seylectric, is this because of the 'burden on business' statement found on Acts or is there some other reason that business/private would be discriminated?

[seylectric]

Well in actual fact the council tried to tow away my car on Saturday after having given me three parking tickets in four days for not renewing my resident's permit.

 

More about my case on a seperate thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5232

 

I was disgusted at this, I was late in renewing my permit because they misinformed me of the ticket office opening times, then they deliberately targeted me and treid to two my car DESPITE the fact that I wasn't causing an obstruction or anything like that. Seems crazy to me that they are allowed to block the road with their tow truck while they load up my car - and i'm not sure that they are, after all even the police are not supposed to park on double yellow lines while they book you so what gives the council these special powers?

 

Incidentally if this hasn't been mentioned yet, if you ever return to your car to find it being loaded onto a tow truck simply jump in the car, it's DEFINATELY illegal to tow or carry your car if you are sat in it!

[seylectric]

This topic was closed on 09 March 2019.

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