The Student Room Group

Was my car impounded unnecessarily?

As the title suggests, my car got towed. It was a couple of weeks ago, I parked on a single yellow line (admittedly it was stupid of me). I understand that the parking ticket was fair, I parked on it at around 2.30 and none of the residential parking bays were free (which I have a permit for), and there was a single yellow line between two residential bays, just big enough to fit my car. I parked at about 2.30pm, and by 4.45pm it had been towed (I found out when I came back at around 11pm).

I understand I was completely in the wrong for parking there, but in my defence there were no signs anywhere nearby stating the hours of parking. What I don't understand is why my car was towed away? I wasn't obstructing anything at all, so I don't see why a parking ticket wouldn't have sufficed? Would it be worth appealing the towing (not the ticket)?

Please no criticism, I just want to know my situation and any clear explanations of the rules would help me for future situations!
(edited 11 years ago)
Reply 1
As far as I was aware they can't tow or clamp unless it states somewhere that they will, though check local law. I'd say it's probably worth appealing the towing.
What organisation authorised the removal and what city/town/area did this happen?
Reply 3
Original post by fruit_n_veg
What organisation authorised the removal and what city/town/area did this happen?


It was the London Borough of Waltham Forest, I had to pay £265 (£200 for the towing plus the £65 penalty charge) to get it back which is just a ridiculous amount of money, not to mention how furious my mum was as well!
Reply 4
Original post by youssef.i
It was the London Borough of Waltham Forest, I had to pay £265 (£200 for the towing plus the £65 penalty charge) to get it back which is just a ridiculous amount of money, not to mention how furious my mum was as well!


It's typical of a local authority to be honest and the government; outlaw private firms from clamping and towing, but the local authority can still press ahead without any signage.

Waltham Forest are well within their rights to tow, but as with Westminster, they phased it out because of a couple of moot points:
1. Not enough signage could be erected to warn motorists, therefore a moot point in court
2. Most of their clamping or towing was against the Traffic Management Act 2004 http://www.legislation.gov.uk/ukpga/2004/18/contents

So they scrapped it. The act stated you could only serious breaches could be met with clamps or towing. A first-time offender on a single yellow would not be in breach and therefore there would be no justification for towing.

Many boroughs still do this though, mainly for football matches (Tottenham/Arsenal etc.).

You very likely do not have a leg to stand on. Your only argument is getting them to justify a towing as your car was not parked dangerously or in a blue-badge bay.
Original post by youssef.i
It was the London Borough of Waltham Forest, I had to pay £265 (£200 for the towing plus the £65 penalty charge) to get it back which is just a ridiculous amount of money, not to mention how furious my mum was as well!


Yeah, it's likely it was lawful, but that's exceptionally harsh way to be dealing with your vehicle if it wasn't causing a "genuine" obstruction, presumably you weren't blocking like a dropped kerb/emergency exit or something? If not then it was harsh.

Original post by Né Stig
It's typical of a local authority to be honest and the government; outlaw private firms from clamping and towing, but the local authority can still press ahead without any signage.

Waltham Forest are well within their rights to tow, but as with Westminster, they phased it out because of a couple of moot points:
1. Not enough signage could be erected to warn motorists, therefore a moot point in court
2. Most of their clamping or towing was against the Traffic Management Act 2004 http://www.legislation.gov.uk/ukpga/2004/18/contents

So they scrapped it. The act stated you could only serious breaches could be met with clamps or towing. A first-time offender on a single yellow would not be in breach and therefore there would be no justification for towing.

Many boroughs still do this though, mainly for football matches (Tottenham/Arsenal etc.).

You very likely do not have a leg to stand on. Your only argument is getting them to justify a towing as your car was not parked dangerously or in a blue-badge bay.


I agree with this, good advice.
Reply 6
I'd appeal if i was you
Reply 7
Original post by fruit_n_veg
Yeah, it's likely it was lawful, but that's exceptionally harsh way to be dealing with your vehicle if it wasn't causing a "genuine" obstruction, presumably you weren't blocking like a dropped kerb/emergency exit or something? If not then it was harsh.


It was a raised curb, I most definitely wasn't obstructing anything! I'll probably go ahead with the appeal, whilst it was within their rights I think I have been unfairly treated! It can't hurt to try anyway!
lol it was probably some 3rd party company... you shouldnt have paid, and yeh get air suspension on your car so you can drop it to the ground... no one can tow you're car away then, or even clamp it.... be smart... get air suspension.
Reply 9
Original post by Indian_Prince
lol it was probably some 3rd party company... you shouldnt have paid, and yeh get air suspension on your car so you can drop it to the ground... no one can tow you're car away then, or even clamp it.... be smart... get air suspension.


Stupid suggestion is stupid.
Original post by Indian_Prince
lol it was probably some 3rd party company... you shouldnt have paid, and yeh get air suspension on your car so you can drop it to the ground... no one can tow you're car away then, or even clamp it.... be smart... get air suspension.


Yeah he shouldntve paid and let them keep his car.....

:facepalm:
Reply 11
Seems to be no common sense about it, they just get to charge you more for an impound than a ticket... So they do what their being incentivised to do, say you're being an obstruction and tow.
Original post by Herr
Stupid suggestion is stupid.


not really, you obviously dont know about air suspension....
Original post by hypercaine.
Yeah he shouldntve paid and let them keep his car.....

:facepalm:


no... he should have raided the place, taken his car back and then upgraded it with air suspension at a hidden garage... then drop it like its hot.
http://www.walthamforest.gov.uk/parking

there we go... he shouldnt have paid... a car only gets impounded if it has been given tickets numerous times before, if this was his first then he should just have been fined, not paid for them towing away his car..... idiots, dont doubt me.
Reply 15
I also just found out that the PCN was issued at 15.50 and the authorisation for removal was issued at 15.55! Will definitely be appealing!
Reply 16
Original post by Indian_Prince
not really, you obviously dont know about air suspension....




I've seen even Range Rovers being towed this way.
Original post by Herr


I've seen even Range Rovers being towed this way.


well obviously... Factory air suspension doesnt drop the freaking things ass on the floor.... You need suspension that sits your car right down onto the ground....

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