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PCN Offence code 01 - Brent Council, Car towed for blocking my own driveway
Chec
post Mon, 22 Jul 2019 - 19:03
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Good day, forum members ! I wonder whether you would be so kind as to look at my case and advice me. I am a pensioner (67 years ) who feels has been wronged.
Last month I parked my car overnight outside my driveway on a single yellow line and forgot to move it the following morning before 08:30hrs.
While I was in the bathroom my car was fined and lifted on a vehicle and towed away to the compound in the space of 10 minutes.
My neighbor saw it all and intervened but she - an elderly lady in her 80s - was verbally attacked by the staff because she kept repeating to them that "the owner is in the house" . The ticket for parking on the yellow line was issued at 09:09 and the car was lifted on a lorry 10 minutes later which is rather strange, almost as if the traffic warden and the lorry firm where working together on a job. I appealed , but my Council has rejected it and sent me with a letter with photos taken at the scene.
Strangely, whilst the photo of the parked car with the penalty on the windscreen shows date and time, the photos of it being lifted and loaded ...show neither!

The Council says the car was parked in a "restricted street during prescribed hours" and in truth mine is a resident parking zone only. I do pay my resident parking to the Council and display the permit on the windscreen though, it is just that the evening before there were no spaces available on my street !).

However, the car could not be considered to be causing a hazard or an obstruction to merit being towed away. The only area it was obstructing was my house own driveway (my husband keeps his own car there) and as for causing a hazard, this road where I have lived for 40 years has never changed and has always had cars parked everywhere by the residents, before the Council introduced the RPZ.
Can you help me lodging an appeal properly worded if you think there are grounds for it , please ? I do not object having paid the fine of £55.00 for parking on a yellow line, but I feel aggrieved and resentful by the additional £200.00 paid to have the car released.
Many thanks
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post Mon, 22 Jul 2019 - 19:03
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hcandersen
post Tue, 30 Jul 2019 - 10:21
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cp is correct.

From the top:
The RTRA empowers the council to remove, the only preconditions being:

That a PCN has been issued and the required time has elapsed;
That authorisation was given by a competent individual. CEOs are specifically mentioned.

A CEO is not a free agent, they do not create the policy framework, their task is to implement.

The council (not the authority) is the competent body empowered to determine how their enabling power is exercised. This must be in the form of a published policy - see the SoS's Stat Guidance, para. 8.17 refers:

https://assets.publishing.service.gov.uk/go...traventions.pdf

From the above it can be seen that if the criteria for removal were not met, then it is unlawful and the charges must be refunded.

And on whom does proving that the removal was in accordance with the policy fall?

The authority, not the owner.

But unless these points have been drawn out of the authority before 'further representations' are made, then frankly it's probably too late because an appellant leaves themselves having to prove the authority didn't but without any evidence in support.

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cp8759
post Tue, 30 Jul 2019 - 13:20
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QUOTE (hcandersen @ Tue, 30 Jul 2019 - 11:21) *
But unless these points have been drawn out of the authority before 'further representations' are made, then frankly it's probably too late because an appellant leaves themselves having to prove the authority didn't but without any evidence in support.

+1, I would say further representations are a must.


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Chec
post Tue, 3 Sep 2019 - 18:15
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Hello forum members.
My appeal has been rejected by the Tribunal. The adjudicator's reasons letter , after the usual repetition of the circumstances , reads:
...I do not consider that the mitigation is sufficiently compelling to make a recommendation to the local authority to cancel the Penalty Charge Notice. "
Good luck on your other cases.
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Mad Mick V
post Tue, 3 Sep 2019 - 20:27
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219031184A
The Penalty Charge Notice was issued when the appellant’s car was parked on a single yellow line outside her home. Mrs M does not dispute that the contravention occurred. Parking restrictions are in operation from 8.30am until 6.30pm Monday to Friday. Mrs M states that she had parked her car the evening before and intended to move it by 08:30. She argues that it was disproportionate for her car to be removed.

The Penalty Charge Notice was issued at 09:09 and removed at 09:25. Therefore by the time that the car was removed the car had been parked illegally for nearly an hour. Once a Penalty Charge Notice has been issued for the contravention of parking in a restricted street the car can be removed at any time.

I find that the contravention occurred. I am satisfied that the car was lawfully removed. I have no jurisdiction to take into account the mitigating circumstances raised. It is unfortunate that Mrs M did not return to her car to move it before parking controls started or before the Penalty Charge Notice was issued but I do not consider that the mitigation is sufficiently compelling to make a recommendation to the local authority to cancel the Penalty Charge Notice.

I refuse this appeal.

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cp8759
post Mon, 9 Sep 2019 - 17:19
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QUOTE (Chec @ Tue, 3 Sep 2019 - 19:15) *
Hello forum members.
My appeal has been rejected by the Tribunal.

Why you went to the tribunal without getting further advice form us, only you know...


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