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PCN and Tow - Tower Hamlets Contravention 21
sabro
post Thu, 21 Jun 2018 - 13:56
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Hi Guys,

Thanks in advance for any advice on this.

I parked my car in a residents bay with the correct permit and received a PCN and was towed on the 11/06/18. I don't drive my car often but when I parked the car the sign wasn't there (about a week before - I have no proof of this)

I didn't receive anything from the council to tell me the car had been towed and I still haven't - I realized on the 16/06 that it had been removed. I've contacted the pound since and found out that the car was towed at 14:06 on the 11th and arrived at the pound at 14:35. The ticket was issued at 11:11.

I can prove I wasn't in London that week if it helps but I also don't know when the sign was posted or if it is approved.

I've included al the images I have except a 'representations against removal of vehicle' doc included but it's generic. THere were more images of my car with a PCN on as well but again generic

Any advice appreciated.

Thanks

Sabro




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post Thu, 21 Jun 2018 - 13:56
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sabro
post Thu, 23 Aug 2018 - 10:11
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yes I did:

'I parked my car there when it was dark and then was away until the morning I picked the car up. I had another tow a week later that was bay to bay, so hoping to argue that this would have been the reasonable move.

I had to do that as they had my car on the logs already. Image attached.

I actually just found my appeal. It might not be perfect but I was trying to get something off. With it, I send proof of all of these trips - bank statements, flights.





This post has been edited by sabro: Thu, 23 Aug 2018 - 10:12
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stamfordman
post Thu, 23 Aug 2018 - 10:41
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Ah OK yes reading back the PCN is sound it seems so it's down to the grounds for tow vs relocation.
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sabro
post Thu, 23 Aug 2018 - 10:43
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yes, that's what I thought.

I think they may argue that they only do that if the car was already in the bay when the signs went up as mentioned here:

To Whom it may concern,

I am appealing this ticket as the vehicle should have been moved bay to bay as quoted in the Vehicle Removals & Relocations policy:

"21 Parked in a suspended bay
Instant removal only if immediate use is required, otherwise 15 minutes
after the PCN has been issued. Any vehicle recorded as having been in the
suspended area when the suspension notices were erected must only be
relocated to the nearest available legal parking place.”

What do you think?

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stamfordman
post Thu, 23 Aug 2018 - 11:05
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QUOTE (sabro @ Thu, 23 Aug 2018 - 11:43) *
yes, that's what I thought.

I think they may argue that they only do that if the car was already in the bay when the signs went up as mentioned here:

To Whom it may concern,

I am appealing this ticket as the vehicle should have been moved bay to bay as quoted in the Vehicle Removals & Relocations policy:

"21 Parked in a suspended bay
Instant removal only if immediate use is required, otherwise 15 minutes
after the PCN has been issued. Any vehicle recorded as having been in the
suspended area when the suspension notices were erected must only be
relocated to the nearest available legal parking place.”

What do you think?


I think you will probably lose but you have nothing to lose by setting out the facts as you see them for the adjudicator.
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sabro
post Thu, 23 Aug 2018 - 11:21
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Yes agreed, worth a punt. This is what I have so far:


To Whom it may concern,

I am appealing this ticket as I was parked in a residents bay with a valid permit on show. I did not see any signs suspending the bay and was then abroad. I believe the impoundment was unfair - I have evidence of other cases where the vehicle are towed bay to bay which I believe is a much more appropriate response.

£200 is disproportionately high for a short removal and £40 per day storage is worse. The fees are therefore unlawful. I’d like to know how the council justifies such high charges and the day the charges were passed into law.

Best,

Any thoughts?

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hcandersen
post Thu, 23 Aug 2018 - 12:50
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??????
Pl forget about what you might put in any appeal, you may not even be able to make one!

OP, you have a notice of rejection of reps dated 16 July therefore deemed served on 18th.

The 28-day period for registering your appeal with the adjudicator ended on 14th August.

Have you registered your appeal, see the following link to the appeals process?

https://www.londontribunals.gov.uk/eat/appe...ocess-explained

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sabro
post Thu, 23 Aug 2018 - 12:53
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you're right. I received this letter on the 21st when i posted that I had been rejected. I have address forwarding to my office which would explain some delay but not one month. I will still try.
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PASTMYBEST
post Thu, 23 Aug 2018 - 13:16
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QUOTE (sabro @ Thu, 23 Aug 2018 - 13:53) *
you're right. I received this letter on the 21st when i posted that I had been rejected. I have address forwarding to my office which would explain some delay but not one month. I will still try.


You must explain to the tribunal why your appeal is late and ask that they kindly accept it


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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sabro
post Thu, 23 Aug 2018 - 13:42
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I will explain and apologise, and hope for the best. Any comments on the actual content?
Thanks
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hcandersen
post Thu, 23 Aug 2018 - 13:59
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Register today.

Grounds
That the penalty charge or other charge paid to secure the release of the vehicle exceeded the amount applicable in the circumstances of the case.

Details ( skeleton)
I will produce evidence that in the circumstances of my case removal of my car to a place not on any road was not available to the authority as it was contrary to the council’s published policy and that consequently 11(5)(f) of the Appeals Regulations applies.
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sabro
post Thu, 23 Aug 2018 - 14:05
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thanks so much, I'm a bit confused though - was NOT available?
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hcandersen
post Thu, 23 Aug 2018 - 16:44
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As an option to the officer concerned at that time because the council’s policy, by which he was bound, did not provide the lawful authority to do so.

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