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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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My car haș been toad away on a yellow single line where

Customer Question

Hello, my car haș been toad away on a yellow single line where you get a PCN not towed away, is that legal?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume this was a local council action?
Or that of the police?
Customer: replied 2 years ago.
It was a Council action
Expert:  Jo C. replied 2 years ago.
The Council are a lawful authority and so can, in principle, tow vehicles that are parked unlawfully. Ordinarily they do not do so but issue a PCN but that doesn't mean that they have to.
There is an argument that this amounts to a procedural irregularity because they have denied you the option of paying the PCN before clamping and towing. However, it essentially turns upon the argument that the council must issue a PCN under S9 and I must admit that I cannot see any provision for that to be the case. Clearly Parliament set down for a statutory procedure upon the issue of the PCN but I cannot see any grounds to presume there must be a PCN.
Since you have paid anyway you may as well appeal. It cannot get worse as you have paid for release anyway. You might be lucky and succeed.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I think the Council just broke the law as there is no sign to warn you that your car might be towed away and from what I've read on their website they can only tow the car if there are more than 3 unpaid PCN tickets for that vehicle otherwise they can just issue a PCN . I will appeal this for sure.
Expert:  Jo C. replied 2 years ago.
They can just issue a PCN but they don't have to.