Illegally Towed from an Untimed Parking Spot (Sydney CBD)

[HyperVectra]

Hi,

I was parked corner Castlereigh & Hunter St (Castlereagh St & Hunter St · Sydney NSW 2000) next to a curb. The only sign on the signpost is a works zone. The time listed was 5am-10pm. Mon-Sat and this was in that time. No other signs are present besides the 'Tow truck towing a car pictoglyph sign' According to Transport for NSW I was towed at 12:30am at the request of police. I checked on livetraffic.com for any 'spontaneous' work zones or special event clearways and there are none for at least the past 7 days.

My questions are this:

1. I cannot see anything within the Road Rules 2014 (NSW) or the Local Government Act 1993 (NSW) besides obstructing traffic or causing a danger to pedestrians that would allow them to tow the car. Is there something in LEPRA I didn't see?

2. Assuming this was not permitted, who committed the offence? Is this a civil (tort) or a criminal offence? The Tow Operator? Police? The Work Zone applicant if they called police? Counsel?

3. Do I have a right to compensation?

This has really upset me. I do my utmost to never break the law no matter how minor, therefore I wish to pursue this matter but due to the issue is cost-prohibitive professionally speaking. If anyone has any constructive insights or further action/information to gather it would be much appreciated.

 

[Atticus]

The only sign on the signpost is a works zone. The time listed was 5am-10pm. Mon-Sat and this was in that time. No other signs are present besides the 'Tow truck towing a car pictoglyph sign'

ROAD RULES 2014 - REG 181 Stopping in a works zone

My thoughts ... Unless you fall into 1(a) or (b) of the above road rule then I can't see how you are not liable ... If the area is also clearly marked as a tow away zone then you were warned ... If it's a fact that no work was in progress or had taken place for the preceding 7 days is immaterial I think.

Only thing you could do is check that the work zone permit was valid, ie, not expired ... If it had expired it's council responsibility to have it removed. *may* be a mitigating factor, but may well not as you parked in area clearly marked

As for being towed, check the sign meets the regulatory requirements

 

[Tim W]

Hard to say without knowing all the details,
but if your pic above is from the exact date and time you were towed,
then perhaps your vehicle was towed from a Special Event Clearway?

That is certainly something that the police can do (or ask others, such as RMS) to do.