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Car Towed Away by Bristol City Council., Advice needed
SpartanSaver
post Thu, 25 Apr 2019 - 15:54
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I work in Bristol's water front once every 6 to 8 weeks. I am contracted by a venue in the water front and the GM of the venue had given me permission to use the car park around the back.

I worked there on Saturday night and when I returned my car was gone (towed away) Apparently 6 weeks ago Bristol City Council had changed the rules of parking on this site : all vehicles need to have parking permits displayed. Unfortunately no one made me aware of this and anyone driving and parking there would fail to see the signs as 1) they are facing the opposite direction from the incoming flow of traffic 2) they are not at driver's eye level 3) they are hard to read (very small print and unlit) 4) they weren't even close to the spot where I parked. Also my car was not obstructing anyone or anything.

I paid £126 on my credit card to get the car released the next day.

My question is, how much of a case do I have here as I have photographic evidence of the signs poor location and visibility ? Has anyone been in a similar situation ? As the signs are virtually undetectable as you park it is unrealistic for a driver to agree to the terms and conditions if he/she hasn't seen them (hence no contract could have been made) ?

Are there any good templates that have been used by members of this forum which helped them in their appeal ?

Any advice would be really appreciated.

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post Thu, 25 Apr 2019 - 15:54
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Mad Mick V
post Mon, 10 Jun 2019 - 15:47
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I would not forget about the LA Ombudsman. The key document given to the OP states that "a vehicle was removed from private land that exists solely for the operation of Bristol City Council City Docks Service"

Various legislation exists for Councils to undertake enterprises for profit and the amount of bars, bistros and places of entertainment in that area suggests that the Council--- 1) allows public access and 2) takes a cut.

We have a vibrant dockside area and the Council has tried to "retrofit" Harbour Authority rules on vehicular access.

Like hca I had misgivings about the private/public dimension of this case but the Council's inability to direct the OP to the proper adjudicator is unforgiveable. I would therefore report it to the Ombudsman given that the land in question is operated for and on behalf of the Council as per the statement above.

Mick

This post has been edited by Mad Mick V: Mon, 10 Jun 2019 - 15:47
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cp8759
post Mon, 10 Jun 2019 - 16:06
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I would go via the pre-action letter because, if nothing else, it will prompt the council (possibly via their legal department) to spell out their legal grounds in full.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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SpartanSaver
post Thu, 13 Jun 2019 - 10:07
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My apologies CP8759.

No worries , that will be really appreciated. I'll do that. Their reply was not in a letter. It's an email. Will it work if I screenshot it and upload it ?
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cp8759
post Thu, 13 Jun 2019 - 17:47
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QUOTE (SpartanSaver @ Thu, 13 Jun 2019 - 11:07) *
My apologies CP8759.

No worries , that will be really appreciated. I'll do that. Their reply was not in a letter. It's an email. Will it work if I screenshot it and upload it ?

Yes that works.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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SpartanSaver
post Fri, 14 Jun 2019 - 10:58
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Hi CP8759

Below are the screen shots of the email that was sent to me by Bristol's Parking Docks

Part 1


Part 2


If you need anything else don't hesitate to let me know.

Many thanks for all of your help with this.
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cp8759
post Sat, 15 Jun 2019 - 16:46
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I've got everything I need, this will take a few days but luckily the limitation period with one of these is six years, so there's no rush, and I want to make sure I get it right and cover everything.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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SpartanSaver
post Sun, 16 Jun 2019 - 20:51
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You are an absolute star. Thank you for this. Whenever you get an opportunity will be really appreciated.
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cp8759
post Fri, 5 Jul 2019 - 12:23
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Sorry for the delay, but as I said the limitation period is 6 years so there's no rush.

Draft letter: http://bit.ly/2RZ8Qyx

Check that you're happy with the contents, replace the bits in red with the relevant details (name, address, date and so on).

Send by 1st class post to Bristol City Council Legal Services, City Hall, PO Box 3176, Bristol BS3 9FS. Don't use recorded delivery, just send from a post officer counter and get proof of postage. I would also email a pdf copy to legal.support@bristol.gov.uk


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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SpartanSaver
post Sat, 6 Jul 2019 - 10:59
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QUOTE (cp8759 @ Fri, 5 Jul 2019 - 13:23) *
Sorry for the delay, but as I said the limitation period is 6 years so there's no rush.

Draft letter: http://bit.ly/2RZ8Qyx

Check that you're happy with the contents, replace the bits in red with the relevant details (name, address, date and so on).

Send by 1st class post to Bristol City Council Legal Services, City Hall, PO Box 3176, Bristol BS3 9FS. Don't use recorded delivery, just send from a post officer counter and get proof of postage. I would also email a pdf copy to legal.support@bristol.gov.uk



WOW - this is pretty amazing. Thank you so much. Yes, I'll take your advice and post it instead of emailing it. You have no idea how much I appreciate you taking the time and the effort to draft this for me. You are an amazing person and I'll definitely keep you posted.

This post has been edited by SpartanSaver: Sat, 6 Jul 2019 - 11:00
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Mad Mick V
post Sat, 6 Jul 2019 - 12:06
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Superb letter CP.
Mick
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