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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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my car was lifted on to a tow truck in croydon when i was there

Resolved Question:

my car was lifted on to a tow truck in croydon when i was there to move it. Was the towing legal?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. This is much more within the area of specialisation of my colleague Jo C who is a barrister specialising in parking regulatory matters. I have with your permission asked her to look at this for you and she should be in touch shortly
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

That would be me!

Had they issued you with a fine?
Customer: replied 3 years ago.


They stuck a pcn on my windscreen and towed the car. I had to pay the PCN and also pay for the car to be released. I appealed for a refund of the towing fee as I believe the car should not have been lifted on to the tow truck because I was there to move it.

Expert:  Jo C. replied 3 years ago.
What was the PCN for ?

And how long had you left the car?
Customer: replied 3 years ago.


I had left the car overnight. The PCN was fixed at 08.44. I was by the car at about 09.15.

Expert:  Jo C. replied 3 years ago.
What was the contravention?
Customer: replied 3 years ago.


I parked in front of my neighbours garage

Expert:  Jo C. replied 3 years ago.
Was this a council issue fine ?

I presume this was causing an obstruction? That is normally issued by the police.
Customer: replied 3 years ago.


It was by civil enforcement officer.

Expert:  Jo C. replied 3 years ago.
Was it for causing an obstruction?
Customer: replied 3 years ago.


Yes and the fine for the PCN I do understand however although I came to move the car whilst the car was still on the ground the tow staff told me it was too late and ordered me out of the way. they then lifted the car off the ground on to the tow truck.

Expert:  Jo C. replied 3 years ago.
Thanks.

This is a matter of causing an obstruction. That is one of those rare offences that can lead to immediate towing. Normally they do have to allow a period of time before towing but this is a contravention that allows for immediate action.

The question really is whether or not they should have let you move the car when you arrived. That is a dispute over facts that, in truth, could go either way.

The Council will not agree. They will reject your representations. You will have to pursue this to the Adjudicator if there is to be any realistic chance of resolution.

they will argue that they had called the towing company so the cost was incurred anyway although I suppose you could argue that they still didn't need to tow the vehicle because you were there and willing to remove the obstruction.

That said, you have paid the fine anyway so there is no risk to you in going to the Adjudicator. It cannot become worse on appeal. Overall, I would probably pursue the matter.

The whole point of the need to tow a vehicle is to remove an obstruction. If you were there and willing to do it then arguably they didn't need to tow.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience: Over 5 years in practice
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