Towed away for parking over a fire hydrant

qetu1357

Hi

Help please.

Towed away for parking over a fire hydrant.


It was dark and I didn't see it. There is no markings to show it's there.

What are the laws etc about how hydrants should be highlighted?

Thanks in advance

anewman

Aren't they just a H mark on a small post in the ground? I suspect you must have been parked on a pavement as the fire hydrants I know of are usually on pavements and not on the road itself?!

qetu1357

anewman wrote: »

Aren't they just a H mark on a small post in the ground? I suspect you must have been parked on a pavement as the fire hydrants I know of are usually on pavements and not on the road itself?!

thanks

We are allowed to park on the pavement in my road.

The H is there and the hydrant cover is painted yellow.

Does the kerb need to be painted/marked too?

anewman

Out of interest which company towed you and who was it done on behalf of? (i.e. Council, Police.) There's some discussion on this issue here http://www.honestjohn.co.uk/forum/post/index.htm?t=27842 seems that it is not a specific offence, but could be considered obstruction. There is a post on there apparently from a fireman stating they will move cars if necessary to use one, so I would argue there is only an obstruction if there happened to be a fire.

serious_saver

I think you may need to check on whether you are legally allowed to park on your pavement. This depends on your council but parking on pavements, verges, traffic islands, central reservations and on crossover ramps into driveways is illegal in most areas unless there is a specific exemption.

If you can show you have an exemption to park on the pavement there might be a case but, since you were parking on your road, they could possibly argue that you should know the hydrant is there even though it's dark.

Also, were you parked directly over the hydrant (i.e. completely obstructing it)? If it was still accessible in some way to the fire brigade you could argue against it. You may also be able to argue your case if it is not well marked (I don't believe they have to put any markings on the road).


It is illegal to obsruct a hydrant under the Fire and Rescue Services Act 2004 which states

(7)A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in subsection (6).

(8)A person guilty of an offence under subsection (6) or (7) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

http://www.legislation.gov.uk/ukpga/2004/21/section/42

Coupon-mad

qetu1357 wrote: »

thanks

We are allowed to park on the pavement in my road.

The H is there and the hydrant cover is painted yellow.

Does the kerb need to be painted/marked too?

Who towed you? Council? What right of appeal does the receipt for payment give you?

Might be worth giving more detail of the tow on pepipoo as you may as well appeal if this wasn't a Police tow:

http://forums.pepipoo.com/index.php?showforum=30

If it was the Police who towed your car for obstruction I'd put it down to experience as you could only appeal to a magistrate I think and you'd be on a hiding to nowt.

Otherwise (Council or private tow) don't just accept it, post on pepipoo for help as you've absolutely nothing to lose, having already paid the tow release fee you may as well try to get it back.

cutandshut

The Post with 'H' on it tells you how far away the actual hydrant is. Many of them are in the road not the pavement.

qetu1357

anewman wrote: »

Out of interest which company towed you and who was it done on behalf of? (i.e. Council, Police.) There's some discussion on this issue here http://www.honestjohn.co.uk/forum/post/index.htm?t=27842 seems that it is not a specific offence, but could be considered obstruction. There is a post on there apparently from a fireman stating they will move cars if necessary to use one, so I would argue there is only an obstruction if there happened to be a fire.

I think it was the council as the car is in their pound.

I think I will try my appeal based on

a) they could have contacted me to ask me to move the car
b) fire service would move the car if they needed to

qetu1357

Coupon-mad wrote: »

Who towed you? Council? What right of appeal does the receipt for payment give you?

Might be worth giving more detail of the tow on pepipoo as you may as well appeal if this wasn't a Police tow:

http://forums.pepipoo.com/index.php?showforum=30

If it was the Police who towed your car for obstruction I'd put it down to experience as you could only appeal to a magistrate I think and you'd be on a hiding to nowt.

Otherwise (Council or private tow) don't just accept it, post on pepipoo for help as you've absolutely nothing to lose, having already paid the tow release fee you may as well try to get it back.

Thanks I have posted on pepipoo too.

qetu1357

qetu1357 wrote: »

I think it was the council as the car is in their pound.

I think I will try my appeal based on

a) they could have contacted me to ask me to move the car
b) fire service would move the car if they needed to

and c) didn't see hydrant as can normally park on pavement

qetu1357

Further to this.

I have now been sent a PCN for the day before as well.

As I hadn't moved my car, can I be given two PCNs for the same offence for two days?