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WF Council Vehicle Clamped/Towed - Medical Reason (Appeal Rejected)
John121
post Wed, 19 Jun 2019 - 16:46
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Hi all,
Last month my friends vehicle was clamped and towed away. This was of no fault of his and due to him having a sudden emergency (health scare) and being taken to hospital where he stayed for few days he couldn't move his vehicle. It is worth noting the time the vehicle was parked on the single yellow line was after 7pm (At which time there was no restriction as stated on the sign restriction is only 7am-7pm). Due to my friend being in hospital he couldn't move his vehicle and all of this has been mentioned in the representation which was sent to the council.

As a result he had to pay £305 to release his vehicle which was towed away, this included £65 for the PCN, £200 for vehicle removal fee and £40 storage fee per day.

Please see below the representation which was sent to WF council along with a letter from the hospital confirming, however to my amazement there have rejected this appeal.

Can you please advise the best way to proceed with this?

WF Representation:



Below is a letter from hospital confirming the above:



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post Wed, 19 Jun 2019 - 16:46
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Neil B
post Wed, 19 Jun 2019 - 22:26
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I would have thought a refund of the £305 paid would be the priority.


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

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John121
post Wed, 19 Jun 2019 - 22:51
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100%. Just wanted to find out if adjudicator also refuses would we have to pay anything more?

I will write a draft tommorow morning and out in here for you guys to check before we submit
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Neil B
post Wed, 19 Jun 2019 - 23:18
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QUOTE (John121 @ Wed, 19 Jun 2019 - 23:51) *
I will write a draft tommorow morning and out in here for you guys to check before we submit

You neither draft nor submit anything until we advise so.
Plenty of time.


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

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John121
post Thu, 20 Jun 2019 - 04:44
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Only thing is I will be flying out tomorrow and won't return from my holiday until 29th June. Would it be ok to submit then or would it be too late?
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Neil B
post Thu, 20 Jun 2019 - 09:57
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You (he) can simply 'register' the appeal with the tribunal online with 'details to follow'.

But 29th is also well within deadlines --- which are explained on the rejection.

This post has been edited by Neil B: Thu, 20 Jun 2019 - 10:00


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John121
post Thu, 20 Jun 2019 - 10:09
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Excellent - i'll check this when I return and will hopefully have some guidance to follow.

Thanks a million...
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Neil B
post Thu, 20 Jun 2019 - 10:33
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I've asked via the back door for the TMO and Parking Enforcement policy.
No response yet.

Nothing to stop you asking through channel you suggested.

QUOTE (John121 @ Wed, 19 Jun 2019 - 23:51) *
100%. Just wanted to find out if adjudicator also refuses would we have to pay anything more?

Unless the council attended (v rarely) and you kicked their representative in the b*****ks, there is no way
in a million years costs would be awarded against you in this case.

It's unlikely WF will contest at all, imho.

This post has been edited by Neil B: Thu, 20 Jun 2019 - 10:37


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
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John121
post Thu, 20 Jun 2019 - 10:36
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Great - thanks for info and all your help :-)
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Incandescent
post Thu, 20 Jun 2019 - 10:56
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This story needs to go into the national and local press if the council persist.
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hcandersen
post Thu, 20 Jun 2019 - 17:49
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Their response was nonsense, but to be honest the reps were poor.

The only issues are:
I parked on a SYL when not restricted;
The restriction came into effect at **** at which time I was prevented from moving my car because I had been admitted to hospital at *** and at the time of the contravention was in bed **, ward **, **** hospital.

We will dispense with the padding when the appeal is submitted.

And now the important part:
Was this a pre-existing condition?
If so, then was the cause of the seizure due to not taking prescribed medication?
We need these facts as they could affect the appeal...

And if a pre-existing condition, then as it is a notifiable condition , DVLA must be aware and any licence held restricted, again useful context for any appeal in terms of supporting evidence.

And if a pre-existing condition then any insurance held would be conditional upon any prescribed medication being taken as required...

And if not a pre-existing condition then, as it is notifiable, your friend must contact DVLA and their GP.

I'm baffled as to how such a condition could be dismissed by the consultant with...held overnight then discharged....

..and???

It's now mid-June, so what is the GP's view? While this might not be central to the appeal, I'm baffled by the lack of context in this respect.

Been there, still there. Frankly if the account is true then the PCN and tow are the least of the owner's worries. Seizures of the severity described do not fall under the 'go home, take 2 aspirin and rest' heading.



This post has been edited by hcandersen: Thu, 20 Jun 2019 - 20:46
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Neil B
post Sun, 7 Jul 2019 - 21:09
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So where are you?


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

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Neil B
post Sat, 13 Jul 2019 - 21:39
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Hey!
What happened here?

An appeal needs to be registered with the tribunal by 16th !


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

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