Legally parked car towed away

[Barquentine]

My car was today towed away despite being legally parked outside my garage where I have a lowered kerb. We saw the tow-away truck and rushed out to remonstrate with the parking attendants who had just finished lowering the car onto the back of the truck. We proved ownership of the car and that this was our address. They insisted that once the car was on the truck they had to tow it away. I had earlier the same day phoned Parking Services to tow away a car illegally parked on the same spot blocking my garage (it was the same guys who had turned up then). Someone had later phoned and reported my own car registration as illegally parked - we think they had seen us park there after their car had been removed. We insisted there must be some procedure for checking if a car is actually the address occupier's own car but they said there is no procedure (later confirmed by the car pound receptionist). They said they are trying to trace the individual who had fraudulently claimed our car was illegally parked. Does anyone know if they can remove your car when legally parked next to your own drop-kerb? And what criminal offence (if any) has been committed by the fraudster pretending to live at our address? If there is no offence I intend to play exactly the same trick on neighbours with whom I have a dispute - unless anyone can identify what offence this might be. I will report this to the police tomorrow but I suspect they will say no offence has been committed leaving me free to do the same dirty trick with impunity! Any legal points you know of gratefully welcomed.

[phil1956]

well i dont know the answer to your problem but a similar incident happened in my mums flats carpark.the neighbour parked her car by her garage quite legit and 3hrs later it was clamped.she was told it should have had a sticker on it.even so it was right by her garage.

[pink-kittens]

oh why be silly?
Do you really want a neighbour dispute?

If you have a garage use it for thew purpose it was intended instead of being petty

Grow up and stop being so childish

[Barquentine]

So if someone arranges for your car to be towed away when it is perfectly legally parked you'd be content with that would you Pink-Kittens? If you are going to post answers to questions on this website please try to make them helpful instead of inane comments which show you have misunderstood the question.

[jno]

sounds like car theft. I don't know what regulations they work under but I'd be surprised if they gave them the right to take away any car they felt like.

[redcrx]

sorry, are you saying that you were blocking a dropped kerb?
Its hard to work out if you were parked behond that on your own property or on the road?

[Barquentine]

Redcrx - I was parked adjacent to my own dropped kerb! After unloading the car I was later going to put it into the garage. I know it is legit. to park next to your own dropped kerb - but if I park across my neighbour's he can get me removed. Someone pretended they were from my address to get my car removed - even though I was parked legally. The enforcement officers are not obliged to check whether the car belongs to the household it's parked outside of!

[pink-kittens]

ofc I wouldnt be happy but then I dont park where my car can be in a position to be towed away - you were parked on a dipped kerb and that is against by laws in some places. Whether or not the garage belongs to you, is irrelevant. You need to call your local council and fid out what they say about it.

Irrespective of this, you are going to 'do the same back' - like I said grow up, stop being churlish and dont park where you shouldn't, case solved

No misunderstanding of how childish you are being/going to be on my part at all, I can assure you

[pink-kittens]

Just for clarificatio:

Will I own the dropped kerb?

No, the dropped kerb will be part of the public highway. When you have a dropped kerb put in, you are paying only for the right of vehicle access to the property. After a dropped kerb has been built, we are responsible for maintaining it. Our Highways team reserves the right to alter the dropped kerb in future so that dropped kerbs can be put into neighbouring properties.

[redcrx]

the dropped kerb may also be an means of access for wheelchairs and pushchairs, blocking it could mean that you were at fault anyway.

(psssst pink, is that you on my FB requests?)

[pink-kittens]

Hi Red

Yup, tis me lol

[Barquentine]

Check out the primary legislation before you flex your withering arrogance PK. Look I'll even save you the trouble - Traffic Management Act 2004 s86(3):
In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway.....
This is subject to the following exceptions.
....
(3) The second exception is where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
I expect you're one of those infuriating people that some people in the room assume is right because you have a loud voice.

[bednobs]

i don't understand how your garage is a residential premises though? I dont really understand how what you have posted proves your point either

[pink-kittens]

Answer the question as asked by bednobs - how are you on residential premises?

[Barquentine]

The entire ground area of a privately owned hereditament counts as 'residential premises' - i.e. your front garden, house, back garden and garage (and moat if you have one) - all that area is within the definition of 'residential premises'.
If the occupier gives consent for a car to be parked on the road next to and blocking the dropped kerb outside their own house/garage - (and by inference they will have given consent for their own car so to be parked) then this falls within the exception. That is, a car parked with such consent is legally parked.
It is infuriating that CEOs can then come and remove what is a legally parked car. Your only recourse is to appeal the PCN.

[ojread2]

I always thought that, regardless of whether the dipped kerb is outside your garage, you still could not park over it because it is also for use for wheelchairs etc

Personally I would not resort to doing the same dirty trick because that really would make you as bad as your neighbour.

Do you and the other residents own the whole land where your houses, garages and gardens are built then? Are any of the pavements, grass areas serviced by your local council such as rubbish collected or lawns mowed?