Hi everyone, I found this site while trying to find out if what they have done is legal!

Basically I parked outside my flat in East London in the permit zone whereI normally park it.

I then went out of town for a week and when I got back the car was gone. I saw that there was a parking suspension notice there, so I called TRACE and they said the car was in Poplar Car Pound, so I went and collected it to the tune of £300.

As I looked on here first I didnt ask for any forms or complain, I just went and paid and left.

I am furious that they can tow me and make me pay when I have parked legally and would really appreciate some help to see if I can appeal.

The forms I received are here:



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What do you all think?!

Thanks!!

*EDIT*

Deleed

Find a thread by 'Littlenipster' or 'BigBruce' + others. Both successful.

Can you confirm that you have posted absolutely ALL of the documents? i.e. you've already missed part of the PCN.

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th appeal form is hopeless - it does not conform to the regs - there are several
similar cases and threads here - search for them

the is a council tow under TMA 2004 - distinguised from offstreet tows

Hi Neil

Thanks very much for giving me hope!

This is definitely all they gave me. I turned up at the pound, gave her my card which she took for payment, then she gave me these three documents stapled together - no more.

I hope this is good news. I will check those other threads now, and then type up my letter!

Thanks - I will keep you updated on here.

Matt

Hope?

We haven't lost one yet mate!!!!

Use the search facility in 'my assistant' to find threads.

see also 'Imelzack'.

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Post up a draft of your letter before you send it.

My mistake. That Leven Road reciept is identical to the PPC/TH ones.

Sorry Jenko - Neil knows the way to a full refund here.

In my defence, the PCN was not visible when i posted, and the £300 amount is highly strange for a council tow. Usually 200 + 60. Why have they charged him £240 for release? Surely they can't justify a 20% increase due to the economic situation?

I believe they charged me £200 release plus an extra £40 because it had been there an extra day and they charge £40 for every day you dont come and pick it up. And then the £60 parking fine on top.

Does this look reasonable? I copied it from another post and made a few adjustments, so hopefully it is still valid and makes sense but I would appreciate any advice:


Parking Appeals Department
Tower Hamlets Parking Services
PO Box 14790
London
E14 2WA

Dear Sir or Madam:

Formal representations to appeal

I am appealing against a PCN and subsequent removal of my vehicle Renault Megane – xxxxx on Tuesday 31^st March 2009. PCN Number TH36069492.

The vehicle was parked on Calvin St on 20^th March 2009. Upon my return on Wednesday 1^st April I discovered my vehicle was not where it had been left. I spoke to TRACE, who said that my car was in Leven Street Car Pound as Tower Hamlets had forcibly removed my vehicle, leaving no notice that this was the case.

I had to travel to the Leven Road pound and pay £300 to get my vehicle back. Having paid the fine all I was given was an A4 receipt of payment, the credit card receipt from the machine and the PCN.

Consequently, Tower Hamlets have breached my rights to make not informing me of my rights to make representations (2a) or my rights to appeal to an adjudicator (2b) as laid out in 'The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 from Part 4, Reg 11.

2) A person to whom paragraph (1) applies shall immediately upon the happening of an occurrence referred to in paragraph (1) be informed—

(a) of his right to make representations to the enforcement authority in accordance with this regulation; and

(b) of his right to appeal to an adjudicator if his representations are not accepted, and that information must include a statement of the effect of paragraphs (4) and (5).


As a direct result of improper actions I respectfully request that I am reimbursed fully for the sum of £300.




Yours faithfully

I would take the emotional stuff out.

Also, it's someone else's emotional bit, so perhaps a bit naughty.

Ok, have slightly edited it now.

Does this look OK to send - I havent missed any crucial legislation?

Thanks

Seems OK to me. See what Neil and/or Teufel reckon.

looks good

say they are wholly unreaonable and on notice for costs

I concur. looks fine.

just add 'in the unlikely event that you do not see fit to cancel the PCN and refund all monies I shall have no hesitation in proceeding to the independent Adjudicator.'

(they won't go by the way - they never have the bottle).

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Its in the post, Ill let you know what happens

Thanks all

Just to add another point - do you know if the permit holders' bay was suspended for a domestic removal (or the like)? When I recently moved within the borough of Tower Hamlets, you can get the bays outside the property you're moving from / into suspended for the day to allow for your removal van etc.

However, the council require only five working days (so a week) to receive your application. They then take a few days to send someone round to put up notification that the bays will be out of use, and paint yellow markings on the pavement to show where you cannot park.

My point being, that in theory, by the time they get around to notifying residents there may only be a few days left before you're not allowed to park. As the OP says, if you're going on holiday, which would normally be for 7 days, how can you be done for not being around and knowing you had contravened their regs?

adjudciations show that 24 hr notice is usually sufficent

usually the docs with the permit emphasise this

I'll check when I get home then. But that's clearly a joke and would make any resident "legally" open to being towed.

The irony being, I was given 72 hours to exchange and complete the 1st time I moved in TH and couldnt get the bays suspended because they had to "legally give a week's notice". Sounds like a complete shambles in that borough. Even more so considering they put up residents' permit fees by 80% last year.....

Yeah the sign said Domestic Removal - March 31st - March 31st. Its still there actually. It said 5 day notice at the top but I dont know if it was actually there for 5 days prior.

Hi all - I still havent had a response from them yet - is it normal for them to take this long??

Also, I foolishly didnt send it recorded mail so I cant officially check if they did get it.

they have 56 days. Phone and ask? Simple question, don't get into a conversation.

PS - they have quite laughably just decided to fight one of these at patas??? never have before - but it gives you a result to work with.

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Just called them and they confirmed receipt thankfully, but he said he doesnt know how long it will take to reply as they are very busy!

Time noted and get a name?

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16:10 and Anoar

nice one.

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Hi

I got a letter dated 19th May 2009 from TH saying

"I refer to your letter about the above Penalty Charge Notice (PCN) and subsequent removal.

Please note that we are currently investigating the matter and we will write to you in due course once our investigations are completed.

Yours Faithfully

John Chilton
Head of Parking Services"


Surely this means they will be going over the maximum time they are allowed to take?!

Thanks


Matt

just going back to your original post. Did you show absolutely evrything that you received when you collected the vehicle?

this is curious cos they surrendered one today who was towed just a couple of weeks before you.

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Hi - yes I did post absolutely everything

Thanks

ok. See what they do then. I don't think out of time quite yet.

Good news! I received a cheque for £300 in the post yesterday!

Thanks all for your help with this!

Unfortunately I got a £60 fine for turning left down Shaftesbury Avenue when I shouldnt have...but oh well!

Thanks again

Whhhhaaaaaat! You still don't trust us??? that one is winnable too! I'm fighting them on the box there at the mo. PCNs are invalid.

good one !

I have thrown away the letter now - could I get a reissue and fight it?

Thanks!

Yes, you can ask for a copy. By the time it turns up though, you will probably have lost your discount period.

Any and every traffic fine, post here before acting!

Did you throw it away because you paid it? If so you might have to act fast before they ditch the paperwork as they should bin it when they no longer need it, i.e. when the PCN has been paid or an appeal accepted.

If he's paid it, it's probably a lost cause anyway.

I paid it because I was worried about missing the discount period and having to pay £120

In future I will post on here first so you can let me know if I should appeal and therefore not pay.

Many thanks

Also - what is the score with Congestion Charge fines - surely you cant get round these?!

Thanks

They are hard, but not without avenues of appeal.

It depends on the circumstances.