First post here guys.

Was going for a meal in Shawlands in Glasgow on Friday night with my girlfriend. I decided to park on a single yellow line on Minard Road outside where my girlfriend used to live, knowing that I used to park there overnight often.

There's no signage for parking restrictions of any sort so I thought everything would be fine.

Decided to have a few drinks, so ended up not coming back for the car until Sunday. Low and behold, it wasn't there.

At first I thought it was theft, but a call to the police confirmed that it was in the Pound.

I thought this was very odd and was 99% sure that I wasn't parked near a corner, blocking anyone in or on the bus stop.

I've since went to the pound, paid £200 and received a PCN saying that Parking contravention O2 had occurred. Waiting, loading or unloading when prohibited.

It also states in the letter how to object to the fine by letter, with supporting documents etc. I've not got a clue what to do here and really could do with this money back! Do I have a leg to stand on?

I find it absolutely mad that I basically don't know what I've done yet they were able to hold me to ransom by extorting money from me by taking my car?!

Any advice would be much appreciated.

Thanks,
George

I stay locally and have always seen Minard Road as busy with parked cars day and night as there are loads of flats on that street .I don't recall any restrictions other than at the bus stops near to Pollokshaws Road and down at the other end ...and also the DYLs at corners. ..Can you say exactly where you were parked ?
Here is the GSV link
http://goo.gl/maps/ccSn7

So, you park on a single-yellow line on a Friday, then leave it until Sunday, then find it has been towed, and you say you don't know what you have done ? How long have you been driving ?

A single-yellow line means there is a "no waiting" restriction for part of a day or days. Clearly the council considered your car was an obstruction, and towed it away. Of course it may well not have been an obstacle, and a PCN would have sufficed, but they have now towed your car and you have paid a lot of money.

So first off, post up all the documents you got a the car pound, which should include a statement of the charges levied, plus the PCN.

As advised to others many times, it is a complete no-brainer to appeal a tow, as all the charges have already been paid, and there will be no extra charges. I would estimate that you will not get the PCN money back (unless its content is fatally flawed), but could claim on disproportionate action in towing. Only problem here is that we get very little information on the Scottish adjudicator. They are like the Secret Service, not even having a website. No successful Scottish posters on here have yet favoured us with a text of their adjudication, so we are in the dark a bit, there are no advisers with expertise in Scottish parking law, other than we know it is the 1991 legislation not that of 2004. Notwithstanding this, the process is the same. This means you must appeal the matter to Glasgow City Council first, then if, (when !!), they reject you, you can register an appeal with the Scottish adjudicator.

So post up the documents asap.

Thanks for the reply, Stuart.

I believe we were here.

https://maps.google.co.uk/maps?q=Minard+Roa...0,1.48&z=16

Where the wee red car is roughly.

I've been driving for over ten years, and correct, I don't know what I have done, hence why I'm on here. I've left it for days there before, as have others I know on this street when going on holiday or whatever.

Anyway, here are the docs..

When you draft your appeal include the text below. Keep all text formatting for emphasis.

I'm informed that the council are applying an appeal process pursuant to s.71 RTA 1991. I must challenge the council on this.

Section 71 RTA 1991 concerns appeals in regard to those vehicles recovered pursuant to s.101(4A) RTRA 1984. On recovery, my vehicle could not yet be lawfully disposed of and was not therefore subject to s.101(4A) RTRA 1984.

My vehicle was removed pursuant to regulations made under s.99 RTRA 1984, these regulations being The Removal and Disposal of Vehicles Regulations 1986 (as amended). Under these regulations there are two periods in which the owner can recover their vehicle.

14. Period during which owner may remove vehicle before it can be disposed of

16. Period during which owner may remove vehicle before it is disposed of

Regulation 16 clearly indicates that the charges under s.104(4A) apply in the latter recovery period when a removed vehicle can be disposed of. The council must be fully aware that I recovered my vehicle in the period “before it can be disposed of” and therefore the charges under s.101(4A) were not applicable at this time.

The correct charges to apply were those regulated under s.102 RTRA 1984. The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989 (as amended) clearly indicate that charges can in addition to s.101 also be applied under s.102. As section 102 does not require payment of the penalty charge a person still has the right to either pay or appeal the penalty charge in complete accordance with Schedule 6 RTA 1991.

However, as I was not charged under s.102 as I was entitled to expect, I was denied my right to pay or contest the penalty charge in accordance with Schedule 6 RTA 1991 and consequently I consider the council to have acted beyond their legal powers.

The RTA 1991 makes no provision for only the penalty charge aspect of a PCN to remain valid while the associated statutory rights and processes are null and void and yet this is exactly what the council has done. For example, the council acknowledged my right to pay at the discounted rate but no other right was acknowledged. There is no such entity as a “partial” PCN. Had the council correctly applied those charges regulated under s.102 RTRA 1984 then the rights and procedural processes associated with the PCN would not have been interfered with. If the council are advocating that these rights are not applicable then in essence the council is suggesting the PCN is a notice filled with nonsense. If the PCN has no validity then it is a nullity and thus there can be no penalty charge and no lawful removal.

For those that are interested here is a link to The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989. See para 3(3) & 3(4).

http://www.legislation.gov.uk/uksi/1989/744/contents/made

Thanks Bogsy.

My offering should be used as a secondary point. From your first post it seems your primary appeal point should perhaps be focused on the adequacy of the signage. We need to see exactly where you were parked and what signage was in the vicinity. Google street view may provide this info.

Post 4 Refers http://goo.gl/maps/OB2nN ( where the wee red car is ) Doesn't appear to show any signs . This is one part of that road where there are SYLs possibly because it is near a bus stop and also approaching the junction .. The rest of the road either has no YLs other than at corners/Bus Stops.

As far as I can see, there are the following grounds for an appeal: -

1. Legitimate expectation. OP has parked there many times before without getting a PCN, let alone a tow. OP will have to expand on "parked many times".
2. Inadequate signage. I found a sign using GSV, , but it is beyond the bus stop which has its own sign for "No stopping except local buses", so there must be a sign for the single yellow where the OP parked his car, as the existing sign only applies to that side of the bus stop, not both sides.
3. Disproportionate tow, a PCN would have sufficed if there was a contravention.

I stay nearby so if I get a chance I'll have a look /take pics

Thanks very much guys. I'm going to draft up a letter tomorrow then I'll post it on here to see what you think.

Could be wrong- and I'll check it just now. But further up the road its pay and display. Could it be a controlled parking zone?

Don't think Minard Road has ever had P+D ..Kilm and Pollokshaws Roads def ( some ,if not all ,parts now 80p an hour) do .Not a CPZ either .

Here goes guys.. give me your thoughts please. Bogsy, I didn't copy and paste from your post because you seemed to think it shouldn't be used at first? Go easy on me, first time doing anything like this.

Cheers

A few days sgo I drove up Minard Road and noticed that on the tenement wall near to the first close along from Westclyffe St there was a plate with parking restrictions on it. It looked new so dunno when it would have gone up. Clearly it will be in respect of that part from Westclyffe Street up to the next notice on the pole near to the bus stop i'll try and get a pic . Perhaps an enquiry to GCC. Could get the date the plate was fitted.