Car Towed for Parking

Car Towed for Parking

Having your car towed is stressful and expensive. Councils have the power to remove vehicles in certain circumstances, and release fees can run to hundreds of pounds. However, the process must follow strict rules, and if those rules were not followed, you can challenge the removal and claim a refund.

When Can a Council Tow Your Car?

Local authorities have the power to remove vehicles under the Removal and Disposal of Vehicles Regulations 1986 (as amended). A vehicle may be removed if it:

• Is parked in contravention of a parking restriction and is causing an obstruction or danger.
• Is parked on a yellow line or in a restricted area and meets the removal criteria.
• Has been issued a PCN and meets the conditions for removal (some councils require the vehicle to have been observed for a set period before removal).

Not every illegally parked vehicle gets towed. Councils typically tow when:

• The vehicle is causing a serious obstruction (blocking a bus stop, fire exit, or dropped kerb).
• The vehicle is in a dangerous position (blocking sightlines, on a bend).
• The vehicle is on a red route or clearway.
• The vehicle is a persistent evader (multiple unpaid PCNs).

The Removal Process

The council must follow a specific process:

1. A PCN must be issued before or at the time of removal (not after).
2. The removal must be authorised by a civil enforcement officer or senior officer.
3. A notice of removal must be placed at the location where the vehicle was parked, or given to the driver if present.
4. The vehicle must be taken to a designated pound.
5. The council must notify the registered keeper within 24 hours of the removal.

Release Fees

To get your vehicle back, you will typically need to pay:

• Release fee: Usually £200 (set by the relevant regulations, though it can vary).
• Storage charges: A daily rate (often £20 to £40 per day) for each day the vehicle remains in the pound.
• The PCN: The parking fine itself, though you can contest this separately.

You do not have to pay the PCN to retrieve your vehicle. The release fee and storage charges must be paid, but the PCN can be challenged through the normal appeal process after you have collected your car.

How to Challenge the Removal

You can challenge the removal on the following grounds:

1. No valid PCN was issued: If the PCN is invalid (for example, wrong contravention code, wrong vehicle details), the removal based on that PCN is also invalid.
2. Removal was disproportionate: If the vehicle was not causing a genuine obstruction or danger, the removal may have been disproportionate.
3. Procedure not followed: If the council did not follow the correct process (no notice left, no notification within 24 hours, no authorisation), the removal may be unlawful.
4. The parking restriction was invalid: If the underlying TRO or signage was defective, both the PCN and the removal can be challenged.

Making a Claim

To challenge the removal and claim a refund of fees:

1. Appeal the PCN through the normal process (informal challenge, formal representation, tribunal).
2. Separately challenge the removal by writing to the council's parking department, setting out why the removal was unlawful.
3. If the PCN is cancelled, the removal loses its basis, and you are entitled to a refund of release and storage fees.
4. If the council refuses to refund, you can escalate to the tribunal or file a claim in the County Court.

Private Towing

On private land, towing is covered by the same ban as clamping under the Protection of Freedoms Act 2012 (Section 54). It is illegal for a private company to tow your vehicle from private land without lawful authority. If this happens, call the police and follow the same steps as for illegal clamping.

Had your car towed? [Start your free appeal](/appeal) to check whether the PCN and removal were lawful, and find out if you are entitled to a refund.