How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 2 years ago.
Category: Law
Expert:  Joshua replied 2 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 2 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 2 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 2 years ago.
What was the PCN for ?

And how long had you left the car?
Customer: replied 2 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 2 years ago.
What was the contravention?
Customer: replied 2 years ago.


I parked in front of my neighbours garage

Expert:  Jo C. replied 2 years ago.
Was this a council issue fine ?

I presume this was causing an obstruction? That is normally issued by the police.
Customer: replied 2 years ago.


It was by civil enforcement officer.

Expert:  Jo C. replied 2 years ago.
Was it for causing an obstruction?
Customer: replied 2 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 2 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: 69788
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice