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Car towed Tower Hamlets (Contravention 21)
katyolly
post Mon, 15 Jun 2020 - 22:19
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Hi there, hoping for some advice so thank you for reading.

My car was towed by the council because I was parked in a suspended parking bay.
The parking suspension notice stayes that the parking will be suspended from 8th-22nd June, but it does not say when the notice was put there.
I last used the car on 3rd June and did not see this notice (this may have been my negligence, it covered 4 bays and I was parked in the one furthest from the sign - I may simply have not clocked it was there, or it may not have been up at this point - is there a way to find this out?).
Given that we were still in a form of semi lockdown and I was working from home I did not use or check the car as I would normally as I was trying to only use it for essential journeys (and to be honest it didn't occur to me that the council would be starting any kind of new, non-essential construction work so soon either).
I noticed the car had been towed on the 9th and immediately collected it from the pound - the PCN had been issued on the 8th and towed the same day.

It cost me £305 to release which feels like an extortionate amount of money for what feels like at best an honest mistake (missing the notice - I would understand a smaller fine for this e.g £65 ticket) and at worst, insufficient notice to move my vehicle during a time when we were still be urged to stay at home.

Any help, or do I need to suck it up?

Thanks
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post Mon, 15 Jun 2020 - 22:19
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PASTMYBEST
post Tue, 16 Jun 2020 - 07:48
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post up all the docs and all the council photos and i mean ALL of them something seems wrong here


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hcandersen
post Tue, 16 Jun 2020 - 07:53
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As the suspension lasts until the 22nd and today is the 16th and you live nearby you can take photos.

We need evidence.

So, if the layout is exactly as per GSV then simply a link will give us the contextual info, including where your car was parked. Superimposed on this we need photos of all the traffic signs within the suspended area and if the nearest one to where you parked was outside the area, a photo of this as well.

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stamfordman
post Tue, 16 Jun 2020 - 09:24
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Put pics on https://imgbb.com or such like as space on forum is limited.

I'm afraid it is likely the sign was up when you parked but as said the layout and and all current signage there is needed, plus PCN, council pics and any towing document.
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PASTMYBEST
post Tue, 16 Jun 2020 - 10:08
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QUOTE (stamfordman @ Tue, 16 Jun 2020 - 10:24) *
Put pics on https://imgbb.com or such like as space on forum is limited.

I'm afraid it is likely the sign was up when you parked but as said the layout and and all current signage there is needed, plus PCN, council pics and any towing document.


I do not have time to check just now, but IIRC then storage fees do not become due until midnight of the day after removal so if you collected the next day and were charged for storage and from the figure you gave you must have been charged for 1 day, then that could win for you we need docs photos GSV the whole works


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katyolly
post Tue, 16 Jun 2020 - 10:50
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Hi guys, thanks for this,
Here are all the documents I have (I did also receive a print out of 'representations against removal of a vehicle' guidance when I picked up the car (not photographed)

Car pound receipt
Parking suspension notice (my photo)
PCN
Council photo 1
Council photo 2
Council photo 3
Council photo 4
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stamfordman
post Tue, 16 Jun 2020 - 11:25
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QUOTE (PASTMYBEST @ Tue, 16 Jun 2020 - 11:08) *
I do not have time to check just now, but IIRC then storage fees do not become due until midnight of the day after removal so if you collected the next day and were charged for storage and from the figure you gave you must have been charged for 1 day, then that could win for you we need docs photos GSV the whole works


It's typically ambiguous by London Councils - most boroughs interpret this as applying to next day.

Storage charges should apply for each day or part of a day, reckoned from 24:00
(midnight) on the day following the removal of a vehicle. Authorities should consider
accessibility and pound opening hours when applying storage charges.

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Incandescent
post Tue, 16 Jun 2020 - 11:36
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So, here is a GSV view of where the OP parked and where the nearest sign is located.

https://www.google.co.uk/maps/@51.5341242,-...33;8i8192?hl=en

The council photo of the sign shows that the sign in the GSV view is the one nearest to the where the OPs car was parked. I 'm not sure why the OP says he was four spaces away from the sign, because it almost adjacent to his car !

So really it comes down to when the suspension sign was erected. As the there are about four days between the 3rd June, when the OP parked-up and the suspension start date of 8th June, if the sign was erected on 4th June this could be considered as adequate notice.
However, this can be tested at adjudication, because it is a no-brainer to appeal the matter as the OP has already paid all there is to pay, and if successful would get it back.
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PASTMYBEST
post Tue, 16 Jun 2020 - 12:13
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About here

https://www.google.co.uk/maps/@51.5341242,-...6384!8i8192

There should be more photos of the actual removal they cannot remove for 30 mins after the service of the PCN they must prove this was adhered to and IMO the guidance Stamf posted for us must be complied with unless there is very good reason so if the council dispute this then they must show what this reason is

If you can prove on the balance pf probability that the council erected the sign after you parked then you should win on the contravention so can you prove when you parked? also ask the council now for photos of the removal and for the suspension log


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cp8759
post Tue, 16 Jun 2020 - 12:13
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I'll ask for the suspension log.


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katyolly
post Tue, 16 Jun 2020 - 14:00
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Thank you, I'll ask the council for the log and photos of the removal.
The GSV photo is not where I was parked when the vehicle was removed - see images here https://ibb.co/album/68S36B
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PASTMYBEST
post Tue, 16 Jun 2020 - 14:04
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so on the GSV where do you say you where parked ?


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katyolly
post Tue, 16 Jun 2020 - 14:40
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To be fair its not much further forward now I look, I think its because there was a vehicle behind me, but I had pulled forward into the booth properly
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Mad Mick V
post Tue, 16 Jun 2020 - 15:47
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From posted photos and GSV, OP- was in one of the bays which were suspended and parked o/s 97A. So bang to rights unless he was parked before signs were erected.
Need suspension log.

Mick
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hcandersen
post Tue, 16 Jun 2020 - 22:05
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Mmmmm?

This is a resident's bay.

Authorities normally give prior notice to res permit holders in the vicinity of the suspended area.

So, OP, is there something you are you not telling us?

You did display a current res permit, didn't you?

You do live in the vicinity, don't you?
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cp8759
post Tue, 16 Jun 2020 - 22:19
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QUOTE (hcandersen @ Tue, 16 Jun 2020 - 23:05) *
You did display a current res permit, didn't you?

You do live in the vicinity, don't you?

I'm not sure the accusatory tone is warranted, how about some more straightforward questions:

Are you a permit holder and if so, was the permit on display?

Do you live nearby?


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cp8759
post Tue, 7 Jul 2020 - 13:14
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Not sure if hcandersen has scared the OP away, but here is the suspension log: https://bit.ly/2ChRR6L

Looks like the signs went up in the morning of the 2nd, they took down number plates of five vehicles that were in the bay + 11 photographs.


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hcandersen
post Tue, 7 Jul 2020 - 15:22
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Relevant charges paid: £305.

OP refers to a lower - presumably discounted- sum of £65.

Removal charge £200 plus £65 = £265, £40 less than they paid.

Storage charges £40 per day.

PCN issued 8 Jun, OP 'immediately collected from pound' after finding car missing on 9th.

Storage charges due: £0.

What we need is the full story. So far the OP has certain win at appeal, but do we have the correct facts.

OP, the last day for making reps is today, 7 July.

This post has been edited by hcandersen: Tue, 7 Jul 2020 - 15:25
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PASTMYBEST
post Tue, 7 Jul 2020 - 17:53
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QUOTE (hcandersen @ Tue, 7 Jul 2020 - 16:22) *
Relevant charges paid: £305.

OP refers to a lower - presumably discounted- sum of £65.

Removal charge £200 plus £65 = £265, £40 less than they paid.

Storage charges £40 per day.

PCN issued 8 Jun, OP 'immediately collected from pound' after finding car missing on 9th.

Storage charges due: £0.

What we need is the full story. So far the OP has certain win at appeal, but do we have the correct facts.

OP, the last day for making reps is today, 7 July.


That was the first thing i said in this thread


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hcandersen
post Tue, 7 Jul 2020 - 20:34
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..except that the last day was today biggrin.gif
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