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Car towed from single yellow line, Tower Hamlets Towing
snuddin
post Sat, 7 Dec 2019 - 12:59
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Hi,

My car got towed away from a single yellow line on 5th December. I usually remove the car before 8.30 am however as I was ill and stayed in I forgot to move it.

I had to pay £265 altogether. The guy at the compound did not let me see the PCN before I paid for it. He said he can't hand over the documents unless I pay as its "procedure".

Please see below for images of the documents:



Thanks in advance for your help.
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post Sat, 7 Dec 2019 - 12:59
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stamfordman
post Sat, 7 Dec 2019 - 14:54
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Have you got a particular query?

Tower Hamlets often tows so no surprise there. For this one, provided car wasn't obstructing anything, policy is to wait 30 mins before towing after the PCN time.
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snuddin
post Sat, 7 Dec 2019 - 14:56
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Correct me if I'm wrong but I thought they weren't allowed to tow unless it's obstructing or dangerous etc.
Wouldn't a PCN have been enough?
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stamfordman
post Sat, 7 Dec 2019 - 15:04
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They can tow any car for any contravention unless it's displaying a blue badge, in which case they may relocate it, or is on diplomat plates.

Councils often have a priority order for tows, with obstruction etc usually the top priority. But certain councils tour neighbourhoods with trucks ready to tow for even low level penalties (Newham being a prime example). Tower Hamlets is another tow happy council.

You have nothing to lose by making reps and then appealing to the tribunal. There may be a case to argue the proportionality of the tow.

Show us where this was and see if council pics are still available online.

This post has been edited by stamfordman: Sat, 7 Dec 2019 - 15:29
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cp8759
post Sun, 8 Dec 2019 - 13:05
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Re-post the PCN redacting the number plate only, none of the other information identifies you. Also show us the council pictures (should be online but you might have to email the council and ask) and give us a link to the exact spot on google street view.


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snuddin
post Sun, 8 Dec 2019 - 15:16
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Here's the PCN:



Google maps Street View:

https://goo.gl/maps/QzhYg531hFC4ogsXA

Will post the council pictures soon.

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snuddin
post Sun, 8 Dec 2019 - 15:30
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Here are the council pictures:





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stamfordman
post Sun, 8 Dec 2019 - 15:35
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As is not surprising they waited exactly 30 mins from PCN to getting car on truck going by times on pics.
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snuddin
post Sun, 8 Dec 2019 - 15:57
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But they started putting it on the truck before that?
Must have taken at least 5 minutes or so to transfer the vehicle onto the truck

Also, the fact that the guy at the compound refused to show me the PCN unless i paid for it, is that any help towards this case?
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stamfordman
post Sun, 8 Dec 2019 - 16:04
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I don't think there is anything in the PCN and pound as you have no choice but to pay to get car and paperwork. What good would seeing the PCN do?

The car isn't deemed impounded until all 4 wheels are on the truck bed so it could be that that pic was taken the instant that happened - as you can see the truck has its stabilisers down.

But there's nothing to lose by appealing this.

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cp8759
post Sun, 8 Dec 2019 - 16:09
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QUOTE (snuddin @ Sat, 7 Dec 2019 - 12:59) *
I usually remove the car before 8.30 am however as I was ill and stayed in I forgot to move it.

What were you ill with, and where would you have moved the car to if you hadn't forgotten?


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snuddin
post Sun, 8 Dec 2019 - 16:11
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Well, I could've at least seen what contravention occurred.

Anyhow, ill try to appeal this but not sure on what grounds.

Any help in drafting the letter will be appreciated.
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cp8759
post Sun, 8 Dec 2019 - 16:22
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QUOTE (snuddin @ Sun, 8 Dec 2019 - 16:11) *
Any help in drafting the letter will be appreciated.

Well answer my questions then, I'm asking so I can help you formulate a strategy that might work.


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snuddin
post Sat, 14 Dec 2019 - 13:56
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QUOTE (cp8759 @ Sun, 8 Dec 2019 - 16:09) *
QUOTE (snuddin @ Sat, 7 Dec 2019 - 12:59) *
I usually remove the car before 8.30 am however as I was ill and stayed in I forgot to move it.

What were you ill with, and where would you have moved the car to if you hadn't forgotten?


Sorry just saw this now. My wife was ill, recently had an MRI scan. So i stayed behind.
I usually would've been at work, but I also have a residents permit so can park in a bay.
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snuddin
post Mon, 16 Dec 2019 - 14:35
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Any help with this?

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stamfordman
post Mon, 16 Dec 2019 - 15:04
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I would make reps on the proportionality of tow and the speed at which it was removed - right on the cusp of policy. Council will reject but an adjudicator may buy it.
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snuddin
post Wed, 18 Dec 2019 - 08:13
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Are there any cases I can reference?
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hcandersen
post Wed, 18 Dec 2019 - 09:11
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@stamfordman,
Tower Hamlets often tows so no surprise there. For this one, provided car wasn't obstructing anything, policy is to wait 30 mins before towing after the PCN time.

Where is this policy?

It is as important a part of the legal landscape as the TMA and RTRA.
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stamfordman
post Wed, 18 Dec 2019 - 09:28
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Policy is here:

https://drive.google.com/drive/folders/1h4z...oDasNR7WzrdZZdV

As I said, waiting til the dot of 30 mins smacks of a set up to me as this is just a non-obstructive sinple yellow line. But an adjudicator's hands are no doubt tied.
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snuddin
post Sat, 21 Dec 2019 - 11:05
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“immobilisation/removal activity should only take place where it gives clear traffic management benefits”

Is this a good grounds for appeal (in addition to proportionality argument)?
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