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Car Towed by Newham council within hours, Car Towed for parking in alleged resident bay
Steven225
post Fri, 5 Oct 2018 - 18:24
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Parked at St Lukes sq at 8.50am, there were no visible restriction signs on they bay so I assumed could park there.

When I came back at 11am, I found my car was gone. Called the police and they reported it as stolen. Then I called TRACE, this was out of curiosity and discovered that it was towed away.

So I went to the Car Pound to collect my car and get charged £265! almost half of my monthly wages. On recieving the car I notice a damage dent on the bonnet and scratch near the passenger side wheel arch. I make a huge fuss the chashier took pictures and lies about the damage and they gave me a photocopy of the form below:


Picture after I parked my car at 8.50am ( I have more photos from close-up and distance):




PCN font and back





Tow recovery reciept



Damage form:





Appeal form (provided to me):








Rest of the form


https://postimg.cc/CR7McXJQ
https://postimg.cc/5Xs1Bv2c
https://postimg.cc/CBqgpQHY
https://postimg.cc/CzYV9JZT

I've requested Newham parking's pictures from when they issued the PCN / prior to towing, but they said it is only available after doing a paper appeal which sounds dodgy. I have tried to source pictures from the Newham council but cant find any link to do so.

Please help, how do I go about getting my money back as I have been ripped of by a money grabbing lawless council.

Thanks

This post has been edited by Steven225: Fri, 5 Oct 2018 - 19:00
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post Fri, 5 Oct 2018 - 18:24
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tony3x
post Thu, 1 Nov 2018 - 16:10
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QUOTE (Steven225 @ Thu, 1 Nov 2018 - 15:33) *
Ok this is the latest saga in this **** experience.

I have faxed the document and the online fax is still processing, thats what we think (11pages and its been 60minutes current charge £16)

Have called them up and they cant even confirm the fax is going through, they said call in a couple of days to findout. What happens when they claim that they did not recieve it?


You should get a confirmation that the fax went through. difficult for them to deny that haven't received it then.
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Neil B
post Thu, 1 Nov 2018 - 16:16
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Online fax doesn't normally work to 0845 numbers.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Steven225
post Thu, 1 Nov 2018 - 16:17
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QUOTE (tony3x @ Thu, 1 Nov 2018 - 16:10) *
QUOTE (Steven225 @ Thu, 1 Nov 2018 - 15:33) *
Ok this is the latest saga in this **** experience.

I have faxed the document and the online fax is still processing, thats what we think (11pages and its been 60minutes current charge £16)

Have called them up and they cant even confirm the fax is going through, they said call in a couple of days to findout. What happens when they claim that they did not recieve it?


You should get a confirmation that the fax went through. difficult for them to deny that haven't received it then.



Total cost to fax £13 ohmy.gif I have kept the reciept.

This is specifically why they do not accept email representations which would be free. I seriously can't believe our councils are allowed to get away with this even though we pay council tax etc!

QUOTE
Online fax doesn't normally work to 0845 numbers.

Thanks I called them to authorise it before sending as it said in thier sending instructions.

This post has been edited by Steven225: Thu, 1 Nov 2018 - 16:36
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cp8759
post Thu, 1 Nov 2018 - 16:50
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QUOTE (Steven225 @ Thu, 1 Nov 2018 - 16:17) *
Total cost to fax £13 ohmy.gif I have kept the reciept.

The service charge for that number is only 2p per minute, so for a 60 minute call the service charge is £1.20, the rest was the access charge taken the telephone company. Still, the point remains that they shouldn't be charging you a penny for submitting representations. Imagine if you hand-delivered a letter to the council at the town hall and the receptionist told you he'll only accept it if you pay a £2 charge?


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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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Steven225
post Thu, 1 Nov 2018 - 19:20
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QUOTE (cp8759 @ Thu, 1 Nov 2018 - 16:50) *
QUOTE (Steven225 @ Thu, 1 Nov 2018 - 16:17) *
Total cost to fax £13 ohmy.gif I have kept the reciept.

The service charge for that number is only 2p per minute, so for a 60 minute call the service charge is £1.20, the rest was the access charge taken the telephone company. Still, the point remains that they shouldn't be charging you a penny for submitting representations. Imagine if you hand-delivered a letter to the council at the town hall and the receptionist told you he'll only accept it if you pay a £2 charge?


I would be angry because that's simply not fair. I would have to work really hard to earn money, to give £2 to merely hand in a letter is an absolute scam! Fingers crossed I get my £280 back. I will use it to buy my new born a cot,clothes, toys etc etc.
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hcandersen
post Fri, 2 Nov 2018 - 15:03
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there were no visible restriction signs on they bay so I assumed could park there.


According to GSV there are.

There are two within the parking place and in the vicinity of your car. One, on the post in your photo, appears to be turned away from the carriageway. So you either saw it and ignored it or did not see it. If you did not see it, then it doesn't exist and therefore we imagine it's not there. But unfortunately there's a sign a few metres ahead of your car which, bearing in mind it's the only one you can see, you would be expected to read.

Unless you can show that neither sign was in place or you saw one which permitted parking ( but you've not suggested this) then your argument regarding signing will fail.

If you tried to wing it then don't be tempted to tell untruths, it would not endear you to an adjudicator.

This post has been edited by hcandersen: Fri, 2 Nov 2018 - 15:10
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Steven225
post Fri, 2 Nov 2018 - 22:25
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I hope they refund me based on the other apeal points mellow.gif I will fight until the very end.

Sorry but councils' towing family cars for parking in a residence bay which had inappropriate signage at a whopping + £275 is not acceptable. There are no notices even mentioning that this is a towing area within the resident bay as many boroughs stopped this unfair towing act after scrutiny. The feeling to come back to my parking place and think my car was stolen is not right. The Parking laws are in place for safety and to help traffic flow, and should benefit us all. These scamming coward councils need to be stopped in their tracks as this is absolutely not fair, they have turned this into a hugely profitable business mean while our roads are in the worst conditions I have ever seen them in, plate sized pot holes every were, our motorways have missing tarmac with pot holes littered through them. We pay road tax as well and I just can't see what this is used for.


The government expects people looking for work to live on £200-£300 per month, so I don't understand how councils can justify towing a car in a peacful quiet residential street after an hour or so at +£275.
councils-reject-unfair-parking-ticket-appeals

parking-fines-up-22-per-cent-council-fees-charges

drivers-ripped-off-by-council-parking-fines-in-london


council-rapped-for-1m-rip-off-in-parking-fines
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Incandescent
post Fri, 2 Nov 2018 - 23:50
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QUOTE (Steven225 @ Fri, 2 Nov 2018 - 22:25) *
I hope they refund me based on the other apeal points mellow.gif I will fight until the very end.

Sorry but councils' towing family cars for parking in a residence bay which had inappropriate signage at a whopping + £275 is not acceptable. There are no notices even mentioning that this is a towing area within the resident bay as many boroughs stopped this unfair towing act after scrutiny. The feeling to come back to my parking place and think my car was stolen is not right. The Parking laws are in place for safety and to help traffic flow, and should benefit us all. These scamming coward councils need to be stopped in their tracks as this is absolutely not fair, they have turned this into a hugely profitable business mean while our roads are in the worst conditions I have ever seen them in, plate sized pot holes every were, our motorways have missing tarmac with pot holes littered through them. We pay road tax as well and I just can't see what this is used for.


The government expects people looking for work to live on £200-£300 per month, so I don't understand how councils can justify towing a car in a peacful quiet residential street after an hour or so at +£275.
councils-reject-unfair-parking-ticket-appeals

parking-fines-up-22-per-cent-council-fees-charges

drivers-ripped-off-by-council-parking-fines-in-london


council-rapped-for-1m-rip-off-in-parking-fines

The assumption is that if you can afford to run a car, you can afford the penalty. And do, please, not go on about "no notice of towing". There is no legislation that mandates signs that vehicles will be towed, councils can tow from anywhere on the streets and do so, with major cities and especially London being the main places. I hope you win on the signs issue, but it does seem you are a bit too casual when checking if you can park in a particular spot. Having been towed, you have already paid all there is to pay, so taking them all the way to adjudication is a no-brainer because it will not cost you more, and you could get back some of the money, or, indeed, all of it.
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cp8759
post Sat, 3 Nov 2018 - 00:45
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QUOTE (Steven225 @ Fri, 2 Nov 2018 - 22:25) *
Sorry but councils' towing family cars for parking in a residence bay which had inappropriate signage at a whopping + £275 is not acceptable.

This is a political point which you would need to take up with your MP or local councillors. However I would suggest that if vehicles are to be towed at all, it would be unfair for the costs to fall on the general council taxpayer, which means the fees have to be recovered from the motorist.

The adequacy of the signage is debatable at best.


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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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Steven225
post Sun, 27 Jan 2019 - 17:44
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I have waited and waited and they not replied to my Faxed Appeal!

Please advise on how to proceed.
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cp8759
post Mon, 28 Jan 2019 - 10:31
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If they do not respond within 56 days, they are deemed to have accepted the representations and must refund the sums paid, see regulation 12(7) here: http://www.legislation.gov.uk/uksi/2007/34...ulation/12/made

In the first instance I would call them up and ask if they've issued a rejection.


--------------------
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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Neil B
post Mon, 28 Jan 2019 - 11:02
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It was an online third party fax service wasn't it?

I'm wondering if it ever got there?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Steven225
post Thu, 31 Jan 2019 - 20:07
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QUOTE (Neil B @ Mon, 28 Jan 2019 - 11:02) *
It was an online third party fax service wasn't it?

I'm wondering if it ever got there?



yes, but the service confirmed delivery.



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Steven225
post Thu, 31 Jan 2019 - 21:10
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QUOTE (cp8759 @ Mon, 28 Jan 2019 - 10:31) *
If they do not respond within 56 days, they are deemed to have accepted the representations and must refund the sums paid, see regulation 12(7) here: http://www.legislation.gov.uk/uksi/2007/34...ulation/12/made

In the first instance I would call them up and ask if they've issued a rejection.


will do this, they may deny that they recieeved it by Fax as the OP has stated. However I have confirm ation it was sent.
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