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Disproportionate Towing?, PCN for single yellow in Tower Hamlets, then towed
Spacejam_2000ad
post Thu, 11 Oct 2018 - 09:37
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Hello all,

I have the advice from experts on this forum to thank on a number of occasions now, mostly without having to post, but I would like a little bit of help in appealing against my vehicle being towed - I feel this was completely disproportionate to the PCN (which I think unfortunately I am going to have to accept).

On Tuesday night I had arrived very late near our studio with my partner, and parked on Pitsea Street. I parked on a single yellow line on this street, in the same spot my car is in the photograph I posted from this morning (I park here often, and usually leave around 8-8:30 to go to work.) That wednesday morning, I overslept, very annoyed with myself, and went downstairs at 9:30 fully expecting to be greeted with a PCN on my windscreen. However, the car wasn't there, and a couple of phone calls later I found it'd been towed to the pound literally 30 seconds down the road.

I've posted up the PCN and the first pages of the other documents they gave me. Unfortunately I can't get photos off the council website as now that I've paid the PCN I can't get access to them online. You'll just have to take my word for it that my car was in the same position.

I take issue at this towing as it's on a quiet side street, in no way was I blocking traffic or causing any chance of danger, etc etc basically I feel like the thieving bastards saw this as an easy way to hit quotas being less than a minute's drive away from the pound. Is this enough grounds for successful appeal? (omitting the "thieving bastards" from the representation letter)

I'll have a further browse in my lunch break, any advice/help would be much appreciated.

images here: https://imgur.com/a/eVsptGf

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post Thu, 11 Oct 2018 - 09:37
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stamfordman
post Thu, 11 Oct 2018 - 09:45
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Yes of course it's disproportionate.

Also they may have towed before they should have done. The PCN is 8.45. They can't tow until 9.15 according to policy:


01 Parked in a restricted street during prescribed hours
Instant removal only if the vehicle is causing danger or significant obstruction, otherwise 30 minutes after the PCN has been issued.
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cp8759
post Fri, 12 Oct 2018 - 22:05
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+1, here is a link to the policy: https://www.scribd.com/document/384380127/P...elocations-v4-3

A public authority must follow its own policies, they can only deviate from an established policy if they provide a rationale justifying the departure. It is highly unlikely they'll be able to argue that your case amounted to exceptional circumstances which amounted to a justification to depart from the established policy, I don't see how your vehicle could amount to a "danger or significant obstruction", therefore the tow was unlawful as it took place before 30 minutes had elapsed.


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Spacejam_2000ad
post Tue, 16 Oct 2018 - 09:26
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Thank you both for your help. I didn't receive any information regarding the the collection time in my documents. Unfortunately for me, when I called up they told me the time of removal was 9:23am, so I'm out of the the 30 minute window.

@cp8759, the policy you posted worries me now a little, as it seems like there's no scope in me being able to say it was disproportionate - the policy seems to say they place high priority on removal of any vehicle after 30 minutes in a restricted street regardless of whether or not is causing danger or significant obstruction. I don't feel this is right, but if it is policy then they haven't done anything to diverge from that. Would an adjudicator find it easy to decide in their favour?
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stamfordman
post Tue, 16 Oct 2018 - 09:38
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An adjudicator can still consider it disproportionate. In any case, you have nothing to lose now. This is predatory practice by the council.
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hcandersen
post Tue, 16 Oct 2018 - 14:45
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I've no idea of the provenance of the 'policy' or even whether it's the current version. By provenance I mean a reference to a committee report with this as an appendix and the applicable minutes.

On the face of it, a location which could be seen to cause an obstruction or danger when occupied by a regular vehicle parked next to the kerb should be marked with DYL and probably loading restrictions. Not a part-time SYL. So, if the authority were to rely on this criterion they would probably fail. I note that the opposite kerb is not even marked with a DYL - for some strange reason they've placed a short length of SYL between two lengths of DYL on the opposite kerb.

So, moving on. When was authority to remove given and in what circumstances?

If you collected your car on 10th then you have until 6 Nov to make reps.

I suggest you use the policy we've seen and write to the authority but NOT as reps but issues to inform your reps.

PCN ***** VRM *****
The above was issued on **** and removed to the vehicle pound on the same day.

The alleged contravention in this case is ********.

Before considering my representations, I should be grateful for responses to the following which arise from your policy - see attached:
If my vehicle was identified for removal by a patrolling CEO, a copy of that CEO's notes on their consideration of the council's removal criteria. In addition, a copy of the OBCEO's notes as regards their consideration of the CEO's reasoning;
If the PCN was issued by an OBCEO alone while 'patrolling', their notes as regards compliance with the removal criteria.


I am required to submit representations no later than 6 November, I should therefore require the authority to either give me a clear undertaking by return that a substantive response would be received by me sufficiently in advance of this deadline to allow me to submt reps or to do indicate at the earliest possible opportunity that they could not, a date by when they would and an extended deadline for submission of reps.

Hugs.
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cp8759
post Tue, 16 Oct 2018 - 18:13
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QUOTE (Spacejam_2000ad @ Tue, 16 Oct 2018 - 10:26) *
Thank you both for your help. I didn't receive any information regarding the the collection time in my documents. Unfortunately for me, when I called up they told me the time of removal was 9:23am, so I'm out of the the 30 minute window.

@cp8759, the policy you posted worries me now a little, as it seems like there's no scope in me being able to say it was disproportionate - the policy seems to say they place high priority on removal of any vehicle after 30 minutes in a restricted street regardless of whether or not is causing danger or significant obstruction. I don't feel this is right, but if it is policy then they haven't done anything to diverge from that. Would an adjudicator find it easy to decide in their favour?

You need to find out when exactly they towed the car.


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