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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
O_21
Hello,

My first time on here.

I was issued a PCN contravention 01 for parking on the left hand side of the road and my car was towed away within an hour.

It was late the previous night when I was parking my vehicle and the front wheels were touching the double yellow line. However, the majority of the car was in the bay?

I don't feel that my car was causing any obstruction?

I have attached image of the road where I parked.

Do I have the right to appeal?

Any advice or comments would be much appreciated.

Thanks!!

O
SchoolRunMum
You need to show us both sides of the PCN and also all documents received at the pound. No scanner? Use a phone or camera.

The place you parked was clearly not obstructing anyone, not even pedestrians as there are barriers next to the kerb. It is NO-BRAINER to appeal this all the way to adjudication and you will find lots of appeal points if you search this forum for the keywords 'no-brainer' (spelt like that) as we say it every time on every towaway thread. Don't just use one point of appeal, read other tow threads with other people's winning appeal wording, by searching first.

So let's see your paperwork asap.
Bluedart

Also, when we get you paper-work cleaned of personal details of course, we will have an idea were this took place. The photo does not tell us very much.

One thing I have noticed over the years with the markings on the road, they do not accord with the measurements given in traffic regulation orders. So you will need to check that out, which may enable you to have a string or strings to your bow.
hcandersen
As above plus the authority's pictures. We must see the degree of your transgression.

Obstruction? This is not a criterion, but in the authority's eyes your failure to comply with this (from the Highway Code) might have been:

248
You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space. Laws CUR reg 101 & RVLR reg 24
O_21
Thanks for the replies.

Please find attached images as requested.

I'm at work at the moment so I will send the appeal document when I get home.

hcandersen
And what about the photos of the vehicle in contravention?
O_21
Can I request the photos from the council, or do I have to appeal first to received the photos?

Please advised.

Thanks!
hcandersen
Look on their website, they should be there.
O_21
I've looked on the Newham council website and there are no options to view photos?

I probably have to contact them by phone or email?

SchoolRunMum
Never contact a Council about a PCN matter by phone, keep a paper trail and use email or letter. Have you appealed this yet? I assume you have read a fair number of other towaway threads now after searching as I suggested? Lots of examples of wording to use, quotes from the Chief Adjudicator about towing being 'draconian' and 'disproportionate' as well.
O_21
Hi,

Please find attached pictures of car parked.

Thanks!

O
hcandersen
At least one wheel was wholly in contravention, therefore I don't think you could successfully argue that the contravention was trivial.

Your possible lines of defence would therefore appear to be either procedural impropriety e,g, flawed documentation etc, or that the removal was not in line with the authority's published policy.

You've yet to post the docs which you received at the pound.
O_21
Hi,

Thanks for the response.

Please find attached the document I received from the pound.

SchoolRunMum
OK so now you will have read other towing threads and know the sort of wording to use, please show us your draft appeal. YOU MUST APPEAL, it is a no-brainer.
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