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Car Towed Blackwall Way
arcams
post Sun, 23 Sep 2018 - 22:32
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Hello all, this is my first time posting to this forum. I've had a look through many previous topics, but do excuse me if I ask anything that seems basic.

My car was towed by Tower Hamlets Council. I parked on a Saturday night in what I believed at the time to be a parking bay. I checked the signs and the parking was unrestrcited on Saturdays and Sundays and so I thought I was fine to park. However, I returned to my car the next day to find it was missing. I discovered it had been towed to Tower Hamlets Car Pound in Limehouse. I had to pay a £65 PCN charge + £200 tow charge.

The reason the car was towed was that it was parked on double yellow lines. I hadn't seen this because it was both dark and the road was very dusty. Furthermore, the real confusion was caused because there was also clear markings of a parking bay and the whole road has these parking bays on one side. I took a picture the next day of the road (where another car had done the exact same) to highlight the parking bay lines. Is this reason enough to get the PCN overturned?

Additionally, I could just about live with the £65 PCN, but I cannot live with a £200 tow charge. That is extortionate and there is no need for the car to be towed. The car is neither blocking the road nor in a dangerous position. Could I argue that towing the car was excessive?

Furthermore, in terms of evidence, they have taken 4 photos of the car (each 5 seconds apart). Is this enough evidence on their behalf? Don't they need evidence that the car was parked there for at least 15 minutes?

I will upload all of the forms (I hope I've blacked out all personal details).

Thanks in advance for any advice.









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post Sun, 23 Sep 2018 - 22:32
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arcams
post Sun, 23 Sep 2018 - 22:42
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Here is the google streetview of the location:
https://www.google.co.uk/maps/@51.5079595,-...3312!8i6656

Notice how there used to be black paint (or similar) covering the parking bay lines, but this is no longer there. The yellow lines also look a lot clearer in this old google streetview picture too.
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stamfordman
post Sun, 23 Sep 2018 - 22:50
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Get the council pics.

This council along with Newham tows at the drop of a hat.

Do you have anything that says when the car was towed?

This post has been edited by stamfordman: Sun, 23 Sep 2018 - 22:52
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arcams
post Sun, 23 Sep 2018 - 22:59
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QUOTE (stamfordman @ Sun, 23 Sep 2018 - 23:50) *
Get the council pics.

This council along with Newham tows at the drop of a hat.

Do you have anything that says when the car was towed?


I have the pictures. Should I post them on here?

And no, I don't know when the car was towed, other than after 9:05 am.
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StuartBu
post Sun, 23 Sep 2018 - 23:06
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QUOTE (arcams @ Sun, 23 Sep 2018 - 23:59) *
QUOTE (stamfordman @ Sun, 23 Sep 2018 - 23:50) *
Get the council pics.

This council along with Newham tows at the drop of a hat.

Do you have anything that says when the car was towed?


I have the pictures. Should I post them on here?

And no, I don't know when the car was towed, other than after 9:05 am.


Aren't the Council pics date stamped ?
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peterguk
post Sun, 23 Sep 2018 - 23:08
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QUOTE (arcams @ Sun, 23 Sep 2018 - 23:59) *
I have the pictures. Should I post them on here?


Of course you should.


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arcams
post Sun, 23 Sep 2018 - 23:18
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StuartBu
post Sun, 23 Sep 2018 - 23:23
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QUOTE (arcams @ Mon, 24 Sep 2018 - 00:18) *


They'll almost certainly have taken pics of your car being uplifted ....you'll probably need to contact the Council to find out how to access them .
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arcams
post Sun, 23 Sep 2018 - 23:27
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QUOTE (StuartBu @ Mon, 24 Sep 2018 - 00:23) *
QUOTE (arcams @ Mon, 24 Sep 2018 - 00:18) *


They'll almost certainly have taken pics of your car being uplifted ....you'll probably need to contact the Council to find out how to access them .


Ok, these are currently the only ones available to view online. Is it worth contacting Tower Hamlets for additional pictures?

Also, I should mention I have a week left to make these representations.
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PASTMYBEST
post Mon, 24 Sep 2018 - 08:02
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Post a GSV of the exact location, You cannot have a parking bay and DYL they are mutually exclusive


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stamfordman
post Mon, 24 Sep 2018 - 08:07
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QUOTE (PASTMYBEST @ Mon, 24 Sep 2018 - 09:02) *
Post a GSV of the exact location, You cannot have a parking bay and DYL they are mutually exclusive



As per #2.

https://www.google.co.uk/maps/@51.5079595,-...3312!8i6656


Out of date though - looks like paint has worn off previous bay lines. So reasonable appeal - it would help if OP could take a pic at night at time of parking.
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arcams
post Mon, 24 Sep 2018 - 10:29
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QUOTE (PASTMYBEST @ Mon, 24 Sep 2018 - 09:02) *
Post a GSV of the exact location, You cannot have a parking bay and DYL they are mutually exclusive


That is exactly my point that you can't have a parking bay and double yellow lines. See the picture I took at the top of my original post
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arcams
post Mon, 24 Sep 2018 - 13:48
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This is what I plan to submit as my formal representations. Any feedback would be appreciated.


Dear Sir/Madam,

Re: PCN # 123456

I am writing with reference to the above Penalty Charge Noticed that was issued on the xx/xx/2018, and I would like to make formal representations.

I parked in Blackwall Way on a Saturday night in what I believed was a legitimate parking bay. Upon exiting the car, I saw that the white lines of the parking bay on the driver’s side ran the full length of the car and walked away believing I had parked legally. In addition, I checked the signpost on the kerbside and it said that parking was unrestricted on Saturdays and Sundays. Upon returning to the car the next morning, I was shocked to discover the car missing and to subsequently find out that the car had been towed.

I believed that I had acted diligently in parking in a proper parking space, and it is a disgrace that the council are so keen to issue tickets for parking on roads that they aren’t maintaining quite so keenly. The road markings are in my opinion completely inadequate, ambiguous and confusing, and it is my firm opinion that there is no way that parking here could be interpreted as an offence.

In the photo provided, you can clearly see the clear parking bay white lines and not so much the faded and covered in dust yellow lines. Furthermore, it was dark when I parked and so it was even harder to see. This is a clear case of misleading and ambiguous road markings, bordering on entrapment. Thus, the PCN isn’t valid.

On these grounds, I appeal to you to refund this ticket and the subsequent towing charges and also wish to advise you that I fully intend to appeal at every stage of the process in order to overturn this charge.

Yours sincerely,
Joe Bloggs
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cp8759
post Mon, 24 Sep 2018 - 19:29
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Change the last line to say "I look forward to receiving confirmation that the penalty charge and towing fees will be refunded", being confrontational will not help.


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