How to disagree with the removal of a towed vehicle
If your vehicle is removed and you believe it should not have been, you are able to dispute the Penalty Charge Notice (PCN) and the removal.
You can only dispute after you have paid to release the vehicle.
You must do this within 28 days of collecting the vehicle.
How to submit a challenge:
You can either:
or
- complete the representations form provided to you when you release your vehicle and post it to the address provided on the form.
(It is recommended that you obtain proof of posting and delivery.)
What you need to do:
- State the grounds (reasons) why you believe the vehicle was incorrectly removed.
Find the statutory grounds that the council can consider on this page. - Explain the reason(s) carefully and in detail in the representation form.
- Attach evidence to support and back up your reason.
This could include photographs or copies of documents. It is recommended to include evidence as part of your challenge, but it is not compulsory.
What happens next
Responses will be sent within of 56 days from the date the challenge was received, by either:
- post (letters will be sent to the registered keeper of the vehicle via Royal Mail)
or
- email (if an email address was provided when submitted. Email responses are sent from a noreply@councilparking.org address)
If the representation form is received before the vehicle is collected from the vehicle pound, or more than 28 days after the date the vehicle was released, it may be disregarded.
Statutory grounds (reasons a Penalty Charge Notice (PCN) can be cancelled)
(a) The Penalty Charge Notice should not have been issued, according to regulations.
(regulation 5 of the 2022 General Regulations)
(b) a Civil Enforcement Officer had not fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to that officer to be in charge of the vehicle, before the vehicle was removed
(regulation 9 of the 2022 General Regulations)
(c) The council did not have the authority to remove the vehicle according to legal regulations.
(Paragraph (2) of regulation 5C of the Removal and Disposal of Vehicles Regulations 1986(8))
(d) the vehicle had been parked by a person who was in control of the vehicle without the consent of the owner (stolen)
(e) that the place where the vehicle was parked was not in a civil enforcement area for parking contraventions
(f) that the penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case
(g) that there has been a procedural impropriety on the part of the enforcement authority
“Procedural impropriety” means a failure by the council to observe any requirement imposed on it by the Traffic Management Act 2004.
Why and when vehicles are towed
The council has to remove vehicles if:
- vehicles which are parked dangerously
- asked to by the police
- a vehicle is in contravention (breaching parking and traffic rules) of the parking controls
- vehicles are causing a serious obstruction
The Council is required to follow the rules set out in The General Regulations for Clamping and the Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007.
Vehicles removed immediately
Vehicles that are not parked in a parking place (a designated area where vehicles can be parked), including those observed on yellow lines, those misusing blue badges or those parked in dedicated spaces, without complying with the restrictions (such as but not limited to a disabled bay or suspended bay) may be removed immediately after the issue of a PCN.
Vehicles removed after 15 minutes
Vehicles that have been identified as persistent evaders that are parked in a parking place (a designated area where vehicles can be parked) must not be removed until more than 15 minutes have elapsed from the end of any period of paid parking.
Vehicles removed after 30 minutes
Vehicles not identified as persistent evaders that are parked in a parking place (a designated area where vehicles can be parked) must not be removed until 30 minutes have elapsed from the end of any period of paid parking.
If the vehicle has been removed because it is untaxed or classed as an abandoned vehicle, it is subject to different removal times depending on the notice issued to the vehicle.
