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Haringey Tow away, Any help?
Grubby Mits
post Mon, 21 Sep 2020 - 20:27
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Hi,
Was parked on a Sunday on Church Road N6. Parking normally restricted Mon-Fri 10-12. Sign not covered or removed but underneath in small print was sign saying bay suspended 24 hours a day 7 days a week. Sadly I didn't notice and vehicle was towed. Not obstructing anything and the roadworks related to suspension in North Hillare only Mon-Fri. £265 to get back.
Feel like the signs were conflicting and confusing.
Are there any grounds for appeal? Even if the PCN stands can I appeal the towing?
Really Grateful for any assistance as this has destroyed my already covid depleted finances!
cheers
c
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post Mon, 21 Sep 2020 - 20:27
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Mad Mick V
post Mon, 21 Sep 2020 - 22:09
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The bottom bit of the notice is key. Did you get a photo of it? It's the temp Traffic Order.

If the Order says that works are taking place then I would imagine they have to cease on Sundays under the Council's own noise and environmental protocols.

This does not look helpful:-
https://highgatesociety.com/wp-content/uplo...work-update.pdf

Mick

This post has been edited by Mad Mick V: Mon, 21 Sep 2020 - 22:14
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Grubby Mits
post Tue, 22 Sep 2020 - 08:32
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Thanks Mick,
Thanks for finding that mate. Agree that doesn't help my case! Should they not remove or cover existing signage though?
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Incandescent
post Tue, 22 Sep 2020 - 09:40
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QUOTE (Grubby Mits @ Tue, 22 Sep 2020 - 09:32) *
Thanks Mick,
Thanks for finding that mate. Agree that doesn't help my case! Should they not remove or cover existing signage though?

No, because when you park-up, you're supposed to find the nearest parking restrictions sign for the bay in order to see what is restricted. I am astonished when you say you didn't notice the yellow sign, so can only assume you parked-up and didn't trot off to find the sign. Lots of people who park regularly in a particular parking spot don't bother looking for the sign after the first time, as they then "know the restrictions". However, particularly in London, this can ocasionally get you whalloped if a suspension is posted for the parking bay.
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Mad Mick V
post Tue, 22 Sep 2020 - 11:25
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The suspension sign prohibits loading/unloading so the contravention code should have been an 02 not 01. Thin gruel I am afraid and I doubt that would swing the case the OP's way.

Mick
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cp8759
post Tue, 22 Sep 2020 - 19:49
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Go back and get us a photo of the bottom part of the suspension sign, as Mick says this is key to your case.


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Grubby Mits
post Fri, 25 Sep 2020 - 08:42
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Thanks guys. I suspect you're all correct and I will indeed pay a high price for my stupidity but in a world where my business has been finances have been annihalated by Covid be very grateful if anyone can see a way out of this!
Cheers!

This post has been edited by Grubby Mits: Fri, 25 Sep 2020 - 08:44
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Mad Mick V
post Fri, 25 Sep 2020 - 11:39
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OP---since you have been towed you must appeal the £265. I would look at three issues but you need more input from members:-

1. The wrong contravention, it should have been a Code 02;
2. Towed on a Sunday when no works were taking place (weak);
3. The Council's ability to tow under the legislation quoted.
https://www.legislation.gov.uk/uksi/1986/183/contents/made

The Notice indicates the Removal and Disposal of Vehicles Regulations 1986 but AFAIA they can only tow broken down vehicles and those which appear abandoned. This is an old vexed issue which needs more comments from members I cannot, for the life of me, remember what the last consensus was.

Mick

This post has been edited by Mad Mick V: Fri, 25 Sep 2020 - 11:40
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PASTMYBEST
post Fri, 25 Sep 2020 - 11:55
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proportionality of the tow. Just because they can does not mean they should, is worth a shot as is the wrong contravention, And if you keep to time frames there is no additional cost,

Some pedantic members might tell me and you that the adjudicator could award costs. But arguing against the proportionality of the tow will not reach the very high bar set for them to do so


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cp8759
post Sat, 26 Sep 2020 - 22:02
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QUOTE (Mad Mick V @ Fri, 25 Sep 2020 - 12:39) *
The Notice indicates the Removal and Disposal of Vehicles Regulations 1986 but AFAIA they can only tow broken down vehicles and those which appear abandoned. This is an old vexed issue which needs more comments from members I cannot, for the life of me, remember what the last consensus was.

These regulations are the correct ones, they were amended by The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007 to allow towing once a PCN has been served. For anyone interested in towing legislation, there's a table on the PCN spreadsheet on a dedicated tab, called Removal powers https://bit.ly/345vzj5


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