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#Post#: 25603--------------------------------------------------
East Herts Council ‘no power’ to tow car from disabled bay
DIR By: ohno1
Date: June 11, 2024, 11:20 am
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Bit of an odd situation that I’m hoping experienced members can
comment on.
There is a single disabled parking bay at this location in
Bishop’s Stortford:
HTML https://maps.app.goo.gl/wsyzXayxBDG45dUZ7?g_st=ic
A blue BMW has been parked in this bay continuously without
displaying a badge for a few months now. The council issued one
PCN and have since left it alone. There was a note saying the
car was ‘broken down’ on the dash at some point. The car is
taxed and MOT’ed.
Since then the council seem to think they have no power to
remove the car as it isn’t abandoned and defer to the police. I
called them and was flat out told it is a police matter. The
police do not seem that bothered either and are deferring to the
council.
East Herts council has an illustrated example of removing a car
blocking a disabled badge as ‘medium’ priority as part of their
tow policy:
HTML https://democracy.eastherts.gov.uk/documents/s16986/Vehicle%20Removals%20ERP%20B.pdf
Any ideas how someone can force the council to enforce their own
parking rules?
Local paper have written about it but so far no sign of action:
HTML https://bishopsstortfordindependent.co.uk/news/abandoned-bmw-blocks-disabled-parking-space-for-two-months-9369989/
#Post#: 25609--------------------------------------------------
Re: East Herts Council ‘no power’ to tow car from disabled bay
DIR By: ivanleo
Date: June 11, 2024, 11:32 am
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There is a power to remove after 15 minutes, the relevant power
is found in regulation 5C of The Removal and Disposal of
Vehicles Regulations 1986 as inserted by The Removal and
Disposal of Vehicles (Amendment) (England) Regulations 2007
HTML https://www.legislation.gov.uk/uksi/2007/3484/regulation/4/made<br
/>and as amended by regulation 6 of The Removal and Disposal of
Vehicles (Amendment) (England) Regulations 2012
HTML https://www.legislation.gov.uk/uksi/2012/2277/regulation/6/made,<br
/>regulation 2 of The Removal and Disposal of Vehicles
(Amendment)
(England) Regulations 2021
HTML https://www.legislation.gov.uk/uksi/2021/461/regulation/2/made<br
/>and Article 6 of The Civil Enforcement of Moving Traffic
Contraventions Designations and Miscellaneous Amendments Order
2022
HTML https://www.legislation.gov.uk/uksi/2022/686/article/6/made.
The real issue is likely to be that if the council isn't set up
to exercise these powers, they won't have anyone trained in the
procedures, they won't have any of the statutory paperwork that
needs to be issued, or even a car pound to take the car to.
Setting all of that up for the sake of a single vehicle would
obviously be rather challenging.
The only way round this would be for the council to engage a
contractor to remove the vehicle for them, but this would likely
have to be signed-off by their legal department and could take
months to arrange.
Still, if you draw these powers to their attention they can at
least think about it, but I would suggest taking this up with
the local councillor in the first instance, just pop your
postcode into here
HTML https://www.writetothem.com/?a=council
to
identify who they are.
#Post#: 25611--------------------------------------------------
Re: East Herts Council ‘no power’ to tow car from disabled bay
DIR By: ohno1
Date: June 11, 2024, 11:40 am
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Thank you, that is very useful.
I have asked them to explain why they cannot enact their own
vehicle removals policy- it clearly isn’t for a lack of legal
power!
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