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Car towed on Red Route which was improperly and unclearly signed: how can I challenge this and can I recover the towing costs?
My car was towed because the council said I was parked in a red route restriction; specifically "seen contravening stopped where prohibited (on a red route or clearway) code 46. However the road is only marked with a red line on the opposite side of the road. There is a sign on my side giving the hours or red route restriction but no markings where I stopped. I am contesting that the charge is invalid, am I correct in my understanding of the law? Does a line on the opposite side of the road also include my side of the road? The road used to be 2-way but hs recently been made one-way; the sign is facing the opposite direction to the traffic flow.
Red Routes are not covered by the Traffic Signs Regulations and General Directions (TSRGD) which normally define the rules for road markings and signage. Instead they are designated by special permission from the Secretary of State and you will need to obtain a copy of the order from the appropriate highway authority (using a Freedom of Information Act request to the Highway Authority) to see if the lines must be present and in good order for the regulations to apply. The wording of the order will be crucial as to whether the red route can be enforced.
That said the spirit of the TSRGD is to provide clear signage and you seem to have been badly treated in that regard. Had you just received a penalty I would have expected the adjudicator to throw it out on the grounds of lack of clarity but because it was a tow the council may attempt to put up a fight.
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