#parking : Compensation for towing parked car in Southwark

[cfimei]

Just to let readers know that I am claiming compensation from Southwark Council for towing my vehicle from a residents parking bay without having a valid permit. I took the matter to the Parking and Traffic Appeals Service (PATAS) and I won my appeal because the council didn't respond. I got the £60 PCN and £200 vehicle release fee (from Southwarks car compound) refunded. Basically I think the council didn't contest the appeal because they knew that they never applied any test of proportionality in towing my vehicle and the PATAS adjudicator would have slapped them down for not doing so. Will update readers on developments.

[cream70]

Are you claiming costs through PATAS?

[cfimei]

No, I didn't ask PATAS for costs, I've written directly to the council with a demand for compensation for the stress involved in recovering my vehicle and the time taken to lodge appeals with them and PATAS.I can hardly see how the council could mount a defence in small claims court if it couldn't be bothered to defend it's actions with PATAS. OK, I got my money back but that's not the point. Winning an appeal by default allows local authorities to avoid being independently challenged in regard to their actions. Tow vehicles away by all means but be prepared to justify it and if they don't want to then they should expect people to ask for compensation. It's akin to stealing - you get caught and have to hand over what you took but you walk away scot-free to try it on with somebody else.And I don't think walking away scot-free is fair on those who suffered, hence my demand for compensation.

[cream70]

Applying for costs through Patas and seeking compensation through other means are two separate processes.

Why don't you do both at the same time?

When you apply for costs though Patas the authority will have to justify why they resisted your appeal

and then why they decided not to contest your appeal at Patas stage.

[cfimei]

To be honest I forgot that PATAS could award costs and I guess it's too late for that now. Did some research on the net and worked up a figure of £400 as compensation for stress and inconvenience plus £150 for all the time spent researching and writing up appeals (15 hours at £8 - cheap labour..lol). The council wrote back asking for 21 days to consider my claim. They could have written back with a flat denial so perhaps a glimmer of hope but still happy to take it to small claims court if they refuse. Will udpate as we go along

[cfimei]

Finally received a reply from the council regarding my claim for compensation. They have offered £100.00 Not sure if I should take it or continue to press my claim for the full compensation amount. Any ideas?

[Bernie_the_Bolt]

Take it! Bird in the hand and all that.

Then you can crow! lol

[dob078]

Hello

 

I am also in the position of having Southwark council clamp (today) and threaten to tow (tomorrow) my car. I have a valid estate residence permit, but my tax disc had expired. I had allowed this to happen and declared it SORN, I wasn't aware that the council requires a valid tax disc even in a private residents car park. It would be great to hear more about your experience as it may help me out!

 

Where you also off the road? Did the clampers work directly for Southwark, or sub-contractors? Any other info you have which may help?

 

Thanks

[cfimei]

In reply to dob078 if your private residents car park isn't owned by the council and that's where you parked with a SORN then I don't think Southwark have a leg to stand on. If it was public property that's a different matter. But still worth having a go, particularly in terms of 'proportionality' in other words, was the Council's action, in clamping and possibly towing your vehicle, proportionate to the offence? There are clear guidelines written by the Department of Transport and TfL for councils to follow and if you can demonstrate that the action was not proportionate to the offence, you certainly might get your money back and possibly claim for compenstation as I did.

 

I 'simply' parked in a residents parking bay on the public road and got towed. I disputed it with PATAS on the grounds that the Councils actions were disproportionate to the guidelance. I won my case at PATAS (because the Council coudn't be bothered to contest it). I demanded compensation and was initiallly offered £100. I refused and took Southwark to small claims. Again they couldn't be bothered to contest it so I won by default, £500 plus £80 costs! End of the story.

 

But I would say to anybody, contest with the Council, appeal to PATAS and check the traffic enforcement guidelines issued by the Department of Transport.

[dob078]

Thank you for your reply. I have really let this slip as life has got in the way, but you have given me new energy to get it sorted out!

 

In the end they did tow my car, even before the notices own 24 hour limit was up! I eventually had to pay the un-clamping fee, but made them return the vehicle without paying for towing. As they had broken their own rules.

 

I have been very slowly researching into taking them to court as I was never provided with an SIA number, on any paperwork or shown by the staff on ID.

 

The vehicle was parked on private property, although owned by the council it is not a public highway and only for residents.

[cfimei]

It really does sound like you may have a case and although the time limit to appeal to PATAS may have passed, that wouldn't preclude you from considering small claims against Southwark.

 

Unfortunately I can't seem to post a link but if you google London Councils Code of Practice on Civil Parking and Traffic Enforcement, you'll find some very relevant and useful information. Section 56 onwards refers.

 

If I recall PATAS annual reports do show that a very high percentage of appeals are not contested by local authorities and Southwark seems very lax.

 

Certainly in regard to small claims action for compensation, I thought Southwark would definately contest it but again, they didn't seem too bothered. Perhaps that was because they wouldn't have been able to show their actions were proprortionate to the code of practice on civil parking? Who knows but if you feel strongly enough then why not have a go. Personally I always believed my car was towed for financial reasons and had nothing to do with the code and that is the reason I took them to court. Good luck!

[terry5880]

Hi all wondering if anyone can help we live on estate with permit only parking we have a yearly permit ran out today whilst getting new 1 they clamped car so we payed it and was told it would nt be taken etc . then when mrs went out to see if they had unclampped it the ***** took the car is this illegal . as we phoned and they said oh so sorry pls come pick up the car with no extra charge ?

[Jamberson]

Council and private (I assume yours is a private parking area) work on different sets of rules. Not sure if what they did is legal, but is the issue that you want compensation/costs? Or do they still have your car?

[green_and_mean]

The only compensation you are likely to get is your cab fare to the pound.

[terry5880]

na i got car had to play fee for release of clamp which is fair but then after i paid that they took car and that is wrong really

[green_and_mean]

na i got car had to play fee for release of clamp which is fair but then after i paid that they took car and that is wrong really

 

Yes but that was a mistake the only compensation you will get is for any loss incured which would be your bus/cab fare to collect it and possibly a few quid for inconvenience, is it really worth going to small claims court over £30-£50?

[terry5880]

its principle that they stole my car they was quick enough to clamp it whilst in office getting new permit. tehn my car was there legally so they stole it in my eyes there **** but i do understand what ur saying but it will cost them enough just to go to court

[green_and_mean]

its principle that they stole my car they was quick enough to clamp it whilst in office getting new permit. tehn my car was there legally so they stole it in my eyes there **** but i do understand what ur saying but it will cost them enough just to go to court

 

They didn't actually steal your car did they? They towed it because your permit had expired and they made an error and didn't realise you had paid. If the car was stolen its a criminal matter and should be dealt with by the Police but it clearly wasn't. If you wish to use the small claims Court to try and punish the company you are not certain of a win and it is just as likely to cost you money.