£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:

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[JMH]

Hi Glacier and Neil,

Many thanks for your responses. Can i just confirm - shall I just fill in the form provided? Is there any particular wording I should be clear to fit in here? Many thanks

[Glacier2]

Submit the same appeal to PATAS. Also mention that Hackney have not considered your appeal properly.

[JMH]

Two quick questions:
Should I be asking for a personal or postal hearing?
and which box should I be ticking in the Grounds of Appeal procedural impropriety or or box two at the tie the vehicle was clamped or removed there was no power to do so or the power had not arisen?

[Teufel]

tick both boxes

add that they have not considered your appela properly (in repsct of the forms given to u)

ask for costs - they have been wholly unreasonable - they have groissly abused your rights,
not followed the law and havent even the deceny to say sorry and own up

i bet they dont contest

a persoanl hearing is better if u have the time

[Neil B]

i bet they dont contest

a persoanl hearing is better if u have the time

Ditto.


JMH. See the latest resuly 'armitageshanks/concrete' .

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[Teufel]

read the patas case davies v kensington

key case on their webiste

it gives the legal authorities for the principla that the council must act fairly

cite these to patas

[JMH]

Hi there, I can find plenty of references to the cases you reference but cannot find that actual cases?
Can you direct me as to where I might find them. Many thanks.

[AndyJo]

Last Year I parked in Hackney on a single yellow line around 22.00, and when I returned to the car I'd received a PCN for parking there. As in your case there were no time plates anywhere along the length of the yellow line.

My appeal was based on the fact that the CPZ was unadequately signed, specifically that there was an entrance to the CPZ that didn't have any of the required signs on either side of the road. Because of this deficiency in the zone signage, I contended that the yellow line was not enforcable. I provided photographic evidence as to the lack of signage at the entrance to the CPZ.

Hackney rejected my appeal, informing me that the CPZ was correctly signed at every entrance to the zone, and patronised me by telling me how it was the motorist's duty to park legally ( while neglecting to mention that it was equally their duty to sign the CPZ correctly at every entrance).

I wrote back, in a slightly stronger tone, they wrote back saying that they had done a site inspection, and found that there were CPZ signs in place ( but at a different location to the one I mentioned in my appeal) and that they were still going to pursue the penalty.

I wrote back, pointing out the irrelevance of the CPZ signs that they had found on their 'site visit', I appealed to PATAS, and wrote another letter to Hackney about how I considered their behaviour entirely unreasonable given the evidence I had given them, and that I would be invoicing them for my time and costs if they did not drop the claim.

Eventually I got a letter from PATAS saying that Hackney were not contesting my appeal, and possibly I also got one from Hackney, saying something along the lines of that they were not going to pursue the case, but without any admission that they were in the wrong.

Regardless of any other issues, what I've learnt is that even though I presented irrefutable evidence to Hackney, they just persisted in claiming that the ticket was valid and enforcable, they claimed that the CPZ was correctly signed at every entrance ( which it wasn't) and they provided some evidence of their own, which was an irrelevence.

If you can drive legally into Garden Walk, from outside the CPZ that it's in, without passing any CPZ signs, then they can't make the penalty stick. If there is such an entrance, I would take photographs proving that this is the case, in case the signage is corrected subsequently. Good luck.

[bama]

read the patas case davies v kensington

key case on their webiste

it gives the legal authorities for the principla that the council must act fairly

cite these to patas

http://www.parkingandtrafficappeals.gov.uk...nts/Davis41.pdf

found by a search on
http://www.parkingandtrafficappeals.gov.uk...ases.asp#search

BTW its Davis not Davies

[nathan22]

ANOTHER £260 fine and tow away!

Dear all - reading the posts on this forum has provided me with some comfort that there are others out there with similar experiences (of extortion) and that there may be some way to seek justice! I was towed last night at around 11pm when parked on a single yellow line on Charlotte Road (southern end, close to Great Eastern Street). I am about to have the joys of a sunday morning trip to the car pound with my wife. Any tips on being able to challenge the fine would be greatly appreciated. I have seen that perseverance can lead to a successful outcome, but I'm not sure that the signing was "inadequate" by the council's standards. I just (naively assumed) that a single yellow line on a saturday evening was fine, as it is in most other London boroughs.

Also, has anyone considered whether the council's (or any others) right to tow a citizen's car away is a breach of the Human Rights Act?

Thanks,

N

[southpaw82]

Also, has anyone considered whether the council's (or any others) right to tow a citizen's car away is a breach of the Human Rights Act?

Yes and it's (generally) not.

[CASPER35]

Hi, just got towed away by Hackney yesterday after parking on a single yellow line in CPZ, however there were no time plates or signs on the side of the road that i had parked. Can someone help.

[southpaw82]

Start your own thread showing us ALL (every side of every bit) of the paper work you have. PCN, appeal form etc.

CPZ does not require individual time plates on an SYL controlled by the CPZ.

[Teufel]

casper - start your own thread - read this thread and some of the others first

a bit of reseach will answer yr ??s

if not

post ALL the docs front and back - remove persoanl details

all means everything - without that we cant help and youl waste all our time

This post has been edited by Teufel: Sun, 8 Mar 2009 - 22:04

[CASPER35]

Thanks for your reply posted everything yesterday. Look forward to some help.

[JMH]

I've been invited to attend a hearing on the 1st April in the morning. Does anyone have any advice for me? Thanks in advance.

[Neil B]

Yeah. Plan an alternative activity!

I cannot imagine Hackney contesting. They haven't any others so far.

The lead case pulled out circa 4 days short (3 working being the limit).

To strengthen your case Hackney have kindly offered some blatant evidence against themself! See the CASPER thread.

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Have you received an evidence pack from Hackney? I very much doubt it,

[JMH]

no evidence pack received - what is that? Should I try and obtain one?

[Neil B]

no evidence pack received - what is that? Should I try and obtain one?

NO !!! LOL


They must submit all their evidence if they wish to contest. To both you and PATAS and latest 3 working days beforehand.

No surprise they haven't - they can't possibly have anything to say.

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[JMH]

Thanks Neil!
haha