URGENT (sorry!) question regards car impounding
Discussion
Sorry to mark this urgent, but I know the advice here is generally sound and I will keep it short.
Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Edited by paulyv on Sunday 9th October 18:49
Pat what you need and get it released would be my advice. I had a vehicle towed and impounded after it was broken into to "make it safe / preserve any further posseions inside". Couldn't believe it when woke up and motor wasn't where I parked it. I got treated like absolute tax dodging insurance dodging scum by the impound company. Wrote to chief constable and my MP they both basically said sorry we don't have to budget to pay for these things.
paulyv said:
Sorry to mark this urgent, but I know the advice here is generally sound and I will keep it short.
Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Just to check. You saw a sign asking not to park there due to a parking restriction but decided to anyway? Interesting.Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Edited by paulyv on Sunday 9th October 18:49
You should be able to pay the recovery company directly to get the car back and the fine will arrive later. If you aren't sure where it's gone, call 101 for your local force and ask for their vehicle recovery department. They'll be able to help you.
paulyv said:
Sorry to mark this urgent, but I know the advice here is generally sound and I will keep it short.
Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Does beg the question as to why you chose to ignore what by your own admission must have been clearly visible signs.Car was towed by the police this morning (or rather a towing company acting on their behalf). I had parked it in a market square last night and it seems a fair was being setup the following morning (i.e. today). I am very sure the signs indicating a parking restriction, from midnight last night, which were hand-written, were not legally enforceable. Hence I intend to appeal and would be confident in the result. I do not yet have a PCN number as the number to ring to get those details remain unanswered.
However, the simple fact is the police force in question have my car. I require the car asap for several reasons, and simply must get it back tomorrow. By paying the fine to do so to I somehow forfeit my right to appeal?
Thanks so much in advance.
P
Edited by paulyv on Sunday 9th October 18:49
paulyv said:
By paying the fine to do so to I somehow forfeit my right to appeal?
AIUI there are two separate issues.Appealing against the PCN - you dont need to pay the fine up front. You appeal it, if you win you don't need to pay and vice versa.
Reclaiming the towing fee/storage fee - I think you need to pay upfront and then subsequently take the Police to Court to try and recover your fees
Can sympathise OP and it is worth having a moan about the lack of decent signs. My beef is they are often put up on roads where you cannot drive at a speed to read them properly.
I have been passing one advising the road would be closed for a week now but as it was on a 40 mph road, could not make out the smaller print about exactly when
Was walking in the area so took a look and yes, it is advising there will be a carnival so during the closure if anyone parks their cars in the area they will be impounded.
No way could anyone read that part if driving past the sign at any speed.
I have been passing one advising the road would be closed for a week now but as it was on a 40 mph road, could not make out the smaller print about exactly when
Was walking in the area so took a look and yes, it is advising there will be a carnival so during the closure if anyone parks their cars in the area they will be impounded.
No way could anyone read that part if driving past the sign at any speed.
Got some advice from a legally-focused forum but also worth updating this as I go along.
Phoned the police this morning, who asked me why the car had been impounded - I suggested they might be able to tell me. They then asked me the circumstances and thereafter told me it was 'obstruction'.
I am going to collect the car today from the company that towed and stored it, and will collect all paperwork then appeal on the basis this was communicated by what was essentially a hand-written sign with the printed heading 'Fun Fair' so it'll be an interesting experience. The going rate for an impounded car is £170 it seems. £120 if I could have got there before noon.
Phoned the police this morning, who asked me why the car had been impounded - I suggested they might be able to tell me. They then asked me the circumstances and thereafter told me it was 'obstruction'.
I am going to collect the car today from the company that towed and stored it, and will collect all paperwork then appeal on the basis this was communicated by what was essentially a hand-written sign with the printed heading 'Fun Fair' so it'll be an interesting experience. The going rate for an impounded car is £170 it seems. £120 if I could have got there before noon.
Golfgtimk28v said:
ConnectionError said:
How should the sign have been presented to make it, in your mind, valid?
Do you have a photo of this sign, as it will be key to your appeal?
Don't the council's just have to put up A4 letters on lamposts?Do you have a photo of this sign, as it will be key to your appeal?
ConnectionError said:
Golfgtimk28v said:
ConnectionError said:
How should the sign have been presented to make it, in your mind, valid?
Do you have a photo of this sign, as it will be key to your appeal?
Don't the council's just have to put up A4 letters on lamposts?Do you have a photo of this sign, as it will be key to your appeal?
Would you accept a speeding ticket if there was a hand-written note telling you a local limit had changed from a 40mph to a 30mph? They have to be "suitably displayed", or have "adequate publicity". Not in a particular font, but they do have to contain sufficient information to direct anyone reading to the location where further details, and the name of the person responsible, may be found, and also the Act/Order being amended/quoted/used (whether permanent or temporary).
I put these notices up often. Both temporary, and permanent, and whilst the OP should probably not have parked there if there was a sign, I would argue that it is/was not actually enforceable if it was hand-written. Would be interested to see a copy of the notice, if available.
https://www.legislation.gov.uk/uksi/1992/1215/regu...
Edited by SteveStrange on Monday 10th October 13:55
paulyv said:
Got some advice from a legally-focused forum but also worth updating this as I go along.
Phoned the police this morning, who asked me why the car had been impounded - I suggested they might be able to tell me. They then asked me the circumstances and thereafter told me it was 'obstruction'.
I am going to collect the car today from the company that towed and stored it, and will collect all paperwork then appeal on the basis this was communicated by what was essentially a hand-written sign with the printed heading 'Fun Fair' so it'll be an interesting experience. The going rate for an impounded car is £170 it seems. £120 if I could have got there before noon.
Check what paperwork you need before going to collect the car. Last time I collected a towed car they wanted to see registration and insurance documents.Phoned the police this morning, who asked me why the car had been impounded - I suggested they might be able to tell me. They then asked me the circumstances and thereafter told me it was 'obstruction'.
I am going to collect the car today from the company that towed and stored it, and will collect all paperwork then appeal on the basis this was communicated by what was essentially a hand-written sign with the printed heading 'Fun Fair' so it'll be an interesting experience. The going rate for an impounded car is £170 it seems. £120 if I could have got there before noon.
SteveStrange said:
"In your mind", nice passive aggressive dig. Would you accept a speeding ticket if there was a hand-written note telling you a local limit had changed from a 40mph to a 30mph?
They have to be "suitably displayed", or have "adequate publicity". Not in a particular font, but they do have to contain sufficient information to direct anyone reading to the location where further details, and the name of the person responsible, may be found, and also the Act/Order being amended/quoted/used (whether permanent or temporary).
I put these notices up often. Both temporary, and permanent, and whilst the OP should probably not have parked there if there was a sign, I would argue that it is/was not actually enforceable if it was hand-written. Would be interested to see a copy of the notice, if available.
https://www.legislation.gov.uk/uksi/1992/1215/regu...
Would you accept a speeding ticket if there was a hand-written note telling you a local limit had changed from a 40mph to a 30mph? They have to be "suitably displayed", or have "adequate publicity". Not in a particular font, but they do have to contain sufficient information to direct anyone reading to the location where further details, and the name of the person responsible, may be found, and also the Act/Order being amended/quoted/used (whether permanent or temporary).
I put these notices up often. Both temporary, and permanent, and whilst the OP should probably not have parked there if there was a sign, I would argue that it is/was not actually enforceable if it was hand-written. Would be interested to see a copy of the notice, if available.
https://www.legislation.gov.uk/uksi/1992/1215/regu...
Edited by SteveStrange on Monday 10th October 13:55
paulyv said:
SteveStrange said:
"In your mind", nice passive aggressive dig. Would you accept a speeding ticket if there was a hand-written note telling you a local limit had changed from a 40mph to a 30mph?
They have to be "suitably displayed", or have "adequate publicity". Not in a particular font, but they do have to contain sufficient information to direct anyone reading to the location where further details, and the name of the person responsible, may be found, and also the Act/Order being amended/quoted/used (whether permanent or temporary).
I put these notices up often. Both temporary, and permanent, and whilst the OP should probably not have parked there if there was a sign, I would argue that it is/was not actually enforceable if it was hand-written. Would be interested to see a copy of the notice, if available.
https://www.legislation.gov.uk/uksi/1992/1215/regu...
Would you accept a speeding ticket if there was a hand-written note telling you a local limit had changed from a 40mph to a 30mph? They have to be "suitably displayed", or have "adequate publicity". Not in a particular font, but they do have to contain sufficient information to direct anyone reading to the location where further details, and the name of the person responsible, may be found, and also the Act/Order being amended/quoted/used (whether permanent or temporary).
I put these notices up often. Both temporary, and permanent, and whilst the OP should probably not have parked there if there was a sign, I would argue that it is/was not actually enforceable if it was hand-written. Would be interested to see a copy of the notice, if available.
https://www.legislation.gov.uk/uksi/1992/1215/regu...
Edited by SteveStrange on Monday 10th October 13:55
Speak to the local (District) council, and ask to speak to the parking officer to sort out a refund. To have your car impounded based on that excuse for a "sign" is unacceptable.
If you get no joy then go to the Executive Cllr for Highways and Transportation at Kent CC: https://democracy.kent.gov.uk/mgUserInfo.aspx?UID=...
And tell him your car has been impounded from a public road on the basis of an illegal sign. He will (should) get in touch with the relevant district council and tear strips off them for allowing it.
Boils my piss, that sort of behaviour. If I saw that sign whilst I was working, I'd cut it down and bin it.
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