Parking ticket and towing- any grounds to appeal the towing?
Discussion
I parked my TVR on a yellow line in the London Borough of Hammersmith and Fulham at about 19:20 this evening (Thursday).
Unfortunately the yellow line was restricted until 20:00. I was not causing an obstruction and there were a good number of empty resident's spaces.
My car was ticketed some time after 19:38 as the ticket states that it was seen on the yellow line from 19:31 to 19:38.
While I accept the £60 ticket I think that being towed in the remaining 22mins is pretty harsh.
Does anyone have any suggestions for grounds for appeal? I could do with the £200 towing back!
Unfortunately the yellow line was restricted until 20:00. I was not causing an obstruction and there were a good number of empty resident's spaces.
My car was ticketed some time after 19:38 as the ticket states that it was seen on the yellow line from 19:31 to 19:38.
While I accept the £60 ticket I think that being towed in the remaining 22mins is pretty harsh.
Does anyone have any suggestions for grounds for appeal? I could do with the £200 towing back!
You can always ask on what basis they felt they had the right to tow the car - that is check they kep to their own policy.
For example, the 60 quid fine normally ends the matter unless there is an obstruction, surely?
But having said that, London is a mess. A total, utter mess. You can park fully taxed, insured and MOTd cars there and still have them towed and crushed.
Last time I went to pay for a ticket in the machine which was 5 yards from my car and on the same side of the road. A local told me everyone did that, but for my bay the machine was on the OTHER side of the road and about 50 yards away. No amount of common sense would work that out.
Something about I was on the border, and my machine there covered the few yards of Westminster, but the car was parked in Chelsea ( or wherever it was ).
Yet the swines had made it as impossible as could be - even the tickets from both machines were identical, apart from a tiny, tiny ' westminster district' at the bottom...which was what the wardens checked.
I only drive through central London. Never park there!
For example, the 60 quid fine normally ends the matter unless there is an obstruction, surely?
But having said that, London is a mess. A total, utter mess. You can park fully taxed, insured and MOTd cars there and still have them towed and crushed.
Last time I went to pay for a ticket in the machine which was 5 yards from my car and on the same side of the road. A local told me everyone did that, but for my bay the machine was on the OTHER side of the road and about 50 yards away. No amount of common sense would work that out.
Something about I was on the border, and my machine there covered the few yards of Westminster, but the car was parked in Chelsea ( or wherever it was ).
Yet the swines had made it as impossible as could be - even the tickets from both machines were identical, apart from a tiny, tiny ' westminster district' at the bottom...which was what the wardens checked.
I only drive through central London. Never park there!
New Regs come in end of March and stipulate how long before a tow away, which I gather currently is much down to the individual LA.
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
SI 2007 No. 3484
“Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England
(a)
in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;
(b)
in any other case 30 minutes.
However if the vehicle is deemed to be causing an obstruction then it can be forthwith removed under the Disposal of Vehicles Regs.
So if this applied the 30 mins expired because of the end on the time limit and tow would not have occurred.
You may be able to make a case out on this for an appeal?
But can they come back on the obstruction aspect?
dvd
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
SI 2007 No. 3484
“Power of civil enforcement officers to remove vehicles in a civil enforcement area for parking contraventions in England
(a)
in the case of a vehicle as respects which there are 3 or more penalty charges outstanding, 15 minutes;
(b)
in any other case 30 minutes.
However if the vehicle is deemed to be causing an obstruction then it can be forthwith removed under the Disposal of Vehicles Regs.
So if this applied the 30 mins expired because of the end on the time limit and tow would not have occurred.
You may be able to make a case out on this for an appeal?
But can they come back on the obstruction aspect?
dvd
Dwight VanDriver said:
You may be able to make a case out on this for an appeal?
But can they come back on the obstruction aspect?
If its on a single yellow line, where parking is allowed after 20:00 I wouuld have thought it would be difficult for the local authority to argue it was causing an obstruction although of course they would argue that.But can they come back on the obstruction aspect?
In reality the answer presumably is that the parking is decriminalised and contracted out and the more cars towed the more the contractor makes!
Chrisgr31 said:
Dwight VanDriver said:
You may be able to make a case out on this for an appeal?
But can they come back on the obstruction aspect?
If its on a single yellow line, where parking is allowed after 20:00 I wouuld have thought it would be difficult for the local authority to argue it was causing an obstruction although of course they would argue that.But can they come back on the obstruction aspect?
In reality the answer presumably is that the parking is decriminalised and contracted out and the more cars towed the more the contractor makes!
That way on their paperwork, the tow time would have been 20.01 and you would have realised straight away that you were at that time legally parked and the tow was wrong.
At the moment, the onus is now on you to get your money back. The company probably does this kind of stuff as an unwritten policy with the full knowledge that maybe only 5% of people have the balls to appeal and chase it up.
As ever, Dwight has come up the the goods, use that and get your money back!
Unfortunately the The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 SI 2007 No. 3484 does not come into effect until 31st March 2008. However I think it's worth referencing it in my appeal. Many thanks for the pointer.
Here's the SI : http://www.opsi.gov.uk/si/si2007/uksi_20073484_en_...
Here's the SI : http://www.opsi.gov.uk/si/si2007/uksi_20073484_en_...
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