£260 PCN and Towing fine from Hackney Council, Can you help me reclaim my money Options

[JMH]

Hello,

Another user was towed from exactly the same street in Hackney and roughly the same time on a different date. He managed to get his money back and I just wonder if anyone can help me? I'm attaching my PCN's and all the information I was given by the car pound. I want to appeal and wonder what your thoughts are on how best to proceed.

The previous post can be found here:
http://forums.pepipoo.com/index.php?showto...t=0&start=0

My situation is almost identical. Same street, similar time. I however have not yet appealed and any help would be incredibly useful.
The fact is that this area is apparently a controlled zone. However the signs on the street are somewhat misleading. I parked on a single yellow at after 9pm which normally in London is fine. There were no immediate notices to say otherwise. I left the car for twenty minutes and when I returned it was gone. The ticket was issued at 22:08 and the car was towed at 22:15. I spoke to the man at the car pound who said that this was a popular street for towing cars from - no doubt because it's a quiet and wide street.

I'm shocked at the amount and Hackney's vast sum of money for towing the car 15 minutes away to the pound. £260.

Any help would be enormously appreciated.

PCN Front:

PCN Reverse:

PCN Receipt:

Blank Hackney Appeal form front:

Blank Hackney Appeal form second page:

[Advertisement]

[dave-o]

NeilB will be your man here.

I can't see how those appeal docs are adequate....

[Glacier2]

Indeed, those docs are inadequate. 1 form is missing, the one that explains the appeals procedure.

[Neil B]

Just appeal along the lines of the guidance given to John.

Keep us updated.

If you want to run a draft appeal past us - feel free.

-

[JMH]

Thanks Neil,

I was interested in your advice to John that read : "Pics of the CPZ sign will be interesting and you should note that there must be one at each entrance to the CPZ (Zone B North) and on both sides of the street."

There are signs on the entrance, but not on both sides of the street. Perhaps this is the best main argument to make?

Can you explain what PATAS is and should I go straight there or fill this appeal form in first?

Many thanks

James

[dave-o]

You have to make the informal council appeal first. After that if they refuse you'll go to PATAS. The missing appeal information is your strongest point so far IMO but if you have irregularities with CPZ signs then it's extra ammo.

[Neil B]

PATAS is the Adjudicator, the ultimate decision maker on getting your money back. Hackney cannot possibly go there with this without getting torn to shreds. You cannot go directly to them.

The CPZ sign issue became relevant for another victim (there are 23+ towing cases and at least 4 Hackney) Think it was 'Armitageshanksjjnr' find it.

Crucial and most relevant appeal point is that Hackney fail to comply with Reg 11 of the Reps and Appeals Regs.

Open your letter with as suggested to others - 'I am appealing in this manner because you have not informed me of the correct procedure for doing so'

Open next with any signage issues, etc. , general whinge about being towed and then slam-dunk it with the legal failure.

Post your draft here.

-

[JMH]

Ahh Neil, I didn't think I'd manage to smile about this - but you're quite clearly a legend. Thanks so much for the advice. I'll post my draft this evening.

Many, many thanks

JMH

[Teufel]

same as the post u refer to -they have wholly failed to inform of yr rights of appeal

cannot posisbly be fair

appela and then to adjudicator

ask for costs this is wholly unreasonable

[JMH]

Hello all,

This is my first draft, please do let me know your thoughts,

Many thanks
JMH


I am appealing in this manner because you have not informed me of the correct procedure for doing so.

At 21:45 on the evening of 16th December I parked my car on Garden Walk. I parked on a single yellow line and looked for any signage to check for restrictions. I could find none in the immediate vicinity and include a photograph to prove this.

On my return to Garden Walk at 22:20 my car was gone. I called the police and then the tracking service they recommended. I was aghast to find it had been towed away.

I was also stupefied to find out that Hackney Council had removed my car to a pound outside of the council's perimeters costing me a taxi ride amounting to nearly fifty pounds.

I paid the extortionate sum of £260 including a £60 fine and £200 worth of towing (the cost of which seems wholly unjustifiable) and got my car back just one hour and one minute after you had removed it.

I had a conversation with one of your attendants who goes by the name of 1053. He revealed that Garden Walk is one of your most popular towing locations in the whole of Hackney. I imagine this is the because it's a quiet and wide street perfect for your trucks and because like me, many others are confused by your lack of signage. I have explored this matter in some detail an understand that any controlled zones must have CPZ signs at every entry point on both sides of the road. Your parking zone on Garden Walk does not meet this criteria and therefore you cannot legally enforce this penalty.

In addition you have failed to provide me with the proper information and to inform me of my rights to appeal and the process that appeal will take. This amounts to a legal failure on your behalf and I therefore ask you for the prompt return of £260

just spotted a typo actually... so please ignore that.

[cabbyman]

Did you get a receipt for the taxi fare?

PPPers: Could he claim back his taxi fare?

[Neil B]

Did you get a receipt for the taxi fare?

PPPers: Could he claim back his taxi fare?

Whether or not he/she can claim the fare and other expenses if it were to proceed to adjudication is down to how Hackney behave from hereon in.


£50 seems a bit excessive for such a trip?

Appeal is fine as far as I am concerned. It's lacking a bit of detail but it really doesn't matter because we already know Hackney are going to reject you at this stage.

-

[JMH]

Neil, what detail shall I add? Do let me know. It would be good to record it at this stage for my own records. Many thanks

[Neil B]

I think it will do fine as it is. You are not understanding, we know they are going to reject you anyway, they did the previous three!

don't waste ink IMO.

Wait and see what others think first if you want. Good people here.

[Neil B]

In answer to your PM - send your own letter - just head it up with dates and PCN number, VRM etc.

Keep hold of that ridiculous excuse of an appeal form of theirs!!!

-

Best to hand deliver and get receipt.

-

[cabbyman]

Did you get a receipt for the taxi fare?

PPPers: Could he claim back his taxi fare?

Whether or not he/she can claim the fare and other expenses if it were to proceed to adjudication is down to how Hackney behave from hereon in.


£50 seems a bit excessive for such a trip?

Appeal is fine as far as I am concerned. It's lacking a bit of detail but it really doesn't matter because we already know Hackney are going to reject you at this stage.

-

I'm not aware of the taxi fares in London but, if someone could provide pick-up and drop-off points, I'll certainly be happy to make enquiries elsewhere.

[JMH]

Hello everyone. Today I've received my rejection letter from Hackney Council. They don't appear to have properly read my appeal letter. Oh well. I'll post the documents they have sent me now and wait for your guidance as to how to pursue this further. Many thanks.

[Neil B]

Another Cilla Black moment.

Don't worry. just scan the rejection letter in on it's own. Don't need to see the PATAS forms - which I presume they sent?

you're just gonna be following the others but a long wait I'm afraid.

-

[JMH]

here are the documents i received today.















Sorry - just read your post. Scanned the PATAS forms anyway. How long does this process take? £260 is a lot of money not to have in the bank right now. Many thanks

[Glacier2]

Pro forma rejection letter.

Take it all the way.