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Original poster

residents parking zone

22 replies

laurence91 · 05/12/2018 23:10

Good evening I am new but hopefully, someone will be able to give advice on my problem.

My son parked his car legally in a road with no parking restrictions. The council recently changed the road to a residents parking zone. My son was given no notice of this and there were no warnings left saying the road would be changing when we last looked. However, we went back to check on his car today and found out that the council had towed it away. Is this legal as when he parked he was not breaking any laws and until today was unaware of any changes. Any help would be much appreciated as I have never come up against this before.

OP posts:
Fattymcfaterson · 05/12/2018 23:16

How long was it left there for?!

Original poster
laurence91 · 06/12/2018 01:13

He would leave it there as it was where he worked. He actually hasn't driven it for the last three months but we checked it just a few weeks back.

OP posts:
TheLovleyChebbyMcGee · 06/12/2018 01:22

3 months is a very long time, someone possibly reported the car abandoned if it hadn't moved in 3 months?

Also, I don't think the council would be required to give more than 2 weeks notice of what was happening. Also consider that the car being parked there for an extended time is what had prompted the local residents to request residents only permits?

iVampire · 06/12/2018 01:27

How do you actually know there were no warnings, if he hadn’t actually checked the car for several weeks?

He could easily have missed notices on the street and on the car itself in the few days before removal.

The same could have happened for resurfacing works. tree-trimming, access to specific property or any other suspension of parking.

It’s legal and normal.

Your DS needs to leave his car somewhere it can readily be checked, as parking suspensions really do happen. He’s found out the hard way, by checking so very infrequently that he missed all the normal notifications.

There would also have been notices (like planning permission ones) but infrequency of visits to the street mean he could easily have missed those too. It would also have been published by the council somewhere (during consultation period) but if you are not one of the residents of the street to be converted, you’d have to pull the info from council website (only ‘push’ to residents who may be affected, directly it closely adjacent)

Where is the car now?

BasiliskStare · 06/12/2018 01:40

Well , if your son was not a resident - why would they inform him. ? It has obviously been convenient for him up until now - " a few weeks" is probably too long to leave a car without checking the parking does not have a temporary or longer term restriction. In this case OP I have to say I think he needs to think more carefully where he leaves his car or indeed just use it if he actually needs it & park it nearer to home in a very definitely safe and legal space. DH had a car towed away from a perfectly legal parking space to let an emergency vehicle get though. Let off the towing etc fine but still got a ticket for obstructing emergency vehicles. I suspect you don't have great grounds for leaving a car for 1/4 year , infrequently checked , for not being towed. ( But I am not a lawyer )

BasiliskStare · 06/12/2018 01:42

sorry - probably just x posted with@ iVampire

MidniteScribbler · 07/12/2018 07:11

I can't imagine why the residents petitioned to make it residents only parking. Hmm

Holidayshopping · 07/12/2018 07:16

Your son left his car parked outside other peoples houses for 3 months?!Shock

Diva1985 · 07/12/2018 07:29

I work for a Council. When a resident reports and abandoned vehicle it has to go through Police checks. They then send a report to us. We stick notices on the car and if it is not moved in a certain time we tow it. It is very costly to get the car back as well but then you shouldn't abanadon a car for months. I would be pissed off if it were outside my house.

Original poster
laurence91 · 07/12/2018 12:54

My son had paid his road tax so was entitled to park on any road that had no restrictions. He works near there and parked there as there were no restrictions. We actually checked on the car the day before they towed it and there were no notices left on car warning of any change in the parking and no signs warning of any change. The next day they made it residents parking although in fact there are only a couple of houses so hardly any residents which is why it is so strange to have made it a residents only parking zone. The fact is he parked there legally.

OP posts:
Original poster
laurence91 · 07/12/2018 12:56

I cannot believe the residents asked to make it resident only parking as there are hardly any residents and there has never been a parking problem there.

OP posts:
dippledorus · 07/12/2018 13:01

3 months??!!!!

Stickmangate · 07/12/2018 13:01

I’m confused op. If he parks it there because it’s close to work why is it being left there? He can’t need it for work if it was parked for 3 months? Or does he work for a car garage and this was car he is selling?

Original poster
laurence91 · 07/12/2018 13:02

After speaking with a solicitor it appears the council have acted illegally and this particular council has a history of doing this. My son can make a claim against them in the small claims court so thank-you all for your advice but it looks like it will end well.

OP posts:
TheHodgeoftheHedge · 07/12/2018 13:06

If you were speaking to a solicitor already, why bother posting here?

Frankly I think your son is a proper cheeky fucker abandoning his car for 3 months in a residential area. He is probably the reason the home owners wanted a resident scheme.

dippledorus · 07/12/2018 13:07

so you spoke to a solicitor between 12.56 and 13.02? Confused

LellyM · 07/12/2018 13:14

A few years ago we went away for the weekend and left our car legally parked on the road outside our house. Came home to a parking ticket. It turned out that the council had the police come out, put no parking cones down the road for 4 hours, had all parked cars ticketed then took the cones away.

I challenged it but was told the restriction had been notified with signs in a local park (that we never went in) so it was legal!

Previous occasions each individual house had received a letter but that year they decided to save money so just put signs on the trees.

Was less than impressed!!

L

BasiliskStare · 07/12/2018 13:29

How do the fees for small claims court plus solicitors stack up against the parking ticket / towing fee / taxes on a car you drive not once in 3 months ?

Grin

There's parking and then just there's just abandoning your car somewhere . When you get all your costs back perhaps your son will park his car near to where he actually lives and where he needs to actually use it

Ha ha - this has made me laugh - but all best OP Flowers

BogstandardBelle · 15/12/2018 07:13

Where I live the local laws for unrestricted parking areas state that you can’t actually park there for more than 48 hrs without moving the car. In practice, people park for much longer but it means that the council only have to give 48 hrs notice of when temp parking restrictions are to be imposed eg for removal vans / gutter cleaning / tree cutting etc. They put signs next to the affected spaces. Any cars still there 48 hrs later are towed.

Xenia · 15/12/2018 07:56

I think the issue is if it is abandoned or not. We had one locally with one wheel off dumped by crooks, reported it and the system I thought was the police put a notice on it and if no one claims it within 7 days or something then they can tow it away.

Below is a link about "abandoned vehicles". It sounds like you have to give people 7 days notice before crushing the car but I am not sure about towing away and the sign changed in that time so is there a duty to check each day if you park on a public road that the rules have not changed?

www.gov.uk/guidance/abandoned-vehicles-council-responsibilities#penalties-you-can-give

RoseAndRose · 15/12/2018 08:03

I love how OP's 'checked it just a few weeks back' became 'the day before they towed it when there were no signs of warning notices.

I wonder if the solicitor taking the case is aware of this discrepancy?

Holidayshopping · 15/12/2018 08:11

I love how OP's 'checked it just a few weeks back' became 'the day before they towed it when there were no signs of warning notices.

Yes, that is strange!

Also why would you park your car near your place of work but then not use it for 3 months?!

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