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THIS PAGE WILL BE ALL ABOUT WHAT TO DO IF YOUR VEHICLE IS TOWED AWAY BY A LOCAL AUTHORITY UNDER THE TRAFFIC MANAGEMENT ACT 2004 OR THE THE ROAD TRAFFIC ACT 1991 IN SCOTLAND.

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1. Under the Traffic Management Act 2004 and The Road Traffic Act 1991, your vehicle cannot be towed unless a Penalty Charge Notice ("Parking Ticket") has been "served" i.e. put on the vehicle.

2. If your vehicle is in a parking bay it cannot be towed unless 15 minutes have elapsed.

3.  When you retrieve your vehicle from the vehicle pound make sure that you have retain and copy EVERY piece of paper or document you are given.

4.  UNDER NO CIRCUMSTANCES SHOULD YOU DISCUSS THE MATTER WITH THE STAFF THERE!

5. You have a period of 28 days to get your appeal against your towing away to the local authority starting with the date that the you COLLECT the vehicle.  I must emphasise that the 28 days is calculated so that the day you collect the vehicle is counted as day 1.  You must get the appeal to the council before the end of the 28th day.  In theory uo to 1 second before midnight but it is best that it is before the close of business on the 28th day.   If the authority allows you to appeal by e-mail do so (set up the e-mail so that when you send it the recipient's server automatically sends you a receipt)

To Appeal your towing away using our service click on this link. 

6. As stated in paragraph 1 the PCN MUST be served before the car can be clamped.  If it has been served then it should have been on your car and therefore handed to you when you arrive to collect your car.  If it is not this in my view is prima facie evidence that that it was not properly served and the burden of proof is on the council to prove that it was.

8. The council may try to prove that it was served and perhaps provide pictures of the PCN on the car but given the parking ticket scams that I have uncovered even this evidence can be doubtful.  Even if it does in my view the fact that the PCN was not given to you when you collected your vehicle overides any proof that the council may provide.  Very simply if it was really put on your car why wasn't it given to you when you collected the car?!!!

9.  The council must also give you a form to appeal the towing away which MUST state certain information.  More to follow.

 

 

 

To Appeal your towing away using our service click on this link. 

 

More to follow!

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