Car Removal for footway parking

[cooldude]

Hiya,

My car was towed because of footway parking. My appeal to the council was also rejected. Basically, my argument was the vehicle could have been towed to a parking spot on the same street with a single yellow line or even removed off the footway. This was a sunday afternoon, so not a busy time of the day at all. Now i have got another chance to appeal to the adjudicator. Basically it costed me 260£ to recover the car. Just wondering if anyway has any ideas for appealing ?

I have uploaded the PCN and the vehicle pictures.

Please help if you have any suggestions at all. Thanks in advance !

cooldude

[adamna]

When this happened to me I was told that the offence was designed to protect pavements from damage, and prevent blocking the passage of wheechair users/blind people etc.. The fact that there was no pavement to speak of, rather a grass verge (without any grass), and plenty of space for passage (a small grass island) was neither here nor there and I lost. It is in an area that has been used for parking outside a pub for as long as I can remember, and a nice little earner, there were about 6 cars there the day I parked.

Next time, don't be so considerate, and block the road is what I learned.

Are BMW badges always smiley faces, or is it just yours ?

Of course it would be very reasonable to put you in a better place, but there's no money in that is there?

[cooldude]

That's exactly what i have been told by the council as well. Basically, i would have better off blocking the whole road off. They also mentioned in London by default footway parking is not allowed unless there is a sign to allow it.
I will interested to know what options do i have.

[tomterm8]

I can't see the entire PCN. Does it include payment details? if so, what do those details say?

[cooldude]

Here is what the payment details say

"A Penalty Charge of £120 must be paid before the end of the period of 28 days begining with the date of this notice or a reduced amount of £60 will be accepted if payment is received before the end of the period of 14 days begining with the date of this Notice."

[BADGER 69]

You should think yourself lucky that that was all it cost you. I believe the maximum penalty for parking/obstucting the pavement is £1.000.
Have you any idea just how annoying it is to be in a wheelchair and not be able to get along the pavement because some ignorant individual has blocked the it.
If you are using a car it is incumbant upon you to not cause an obstuction.

[tomterm8]

it appears to be a valid ticket. Sorry, but I think you should pay it.

[Conniff]

Do English councils have juridiction over Australian parking violations

[cooldude]

I had to pay 260£ (200£ release fee + 60£ for the fine)to recover the car from the pound. My argument to the council was even my parking was illegal couldn't the towing vehicle have moved my vehicle from the footpath to the street, rather than taking it to the pound. The council basically said they do not have provision for doing this. I don't have any objection paying the fine, but my objection is to the car removal. Any tips here ?

[tomterm8]

It isn't legally proper to move it anywhere except the pound. The reason is once they move it, they must make sure it is safe.

[adamna]

Also, they can't charge you a £200 release fee if they haven't impounded it.

[adamna]

Originally Posted by Conniff

Do English councils have juridiction over Australian parking violations

Do Australian councils have any jurisdiction over English parking violations?

Ah, I see, upside down cars. lol.

[Conniff]

Sorry about that - I couldn't resist

[cooldude]

I guess the lesson learnt here for me is, block the whole road off. Don't worry about obstructing the traffic. Will be surely better off.

[green_and_mean]

Originally Posted by cooldude

I guess the lesson learnt here for me is, block the whole road off. Don't worry about obstructing the traffic. Will be surely better off.

Unless of course you get towed away by the Police for obstruction! Footways are for people, roads are for cars, its in the highway code and in London it's against the law....get over it!! If you cannot park without causing an obstruction, park somewhere else and walk.

[tomterm8]

personally, i wish they would introduce the rule in Kent. I'm fed up watching mothers having to walk into the middle of roads dragging their prams in front of them, because some lazy b****d couldn't walk a little bit further and park safely on the road.

/rant

However, i believe in due process of law, and if there is a defence, I think that you should use it.

[Tony P]

Originally Posted by tomterm8

I'm fed up watching mothers having to walk into the middle of roads dragging their prams in front of them,

How can they drag something in front of them?
(unless they are walking backwards of course)

Seriously, I hate seeing mums pushing push chairs out into the road in front of them - thereby exposing their child to the traffic before themselves

[green_and_mean]

Originally Posted by Tony P

Seriously, I hate seeing mums pushing push chairs out into the road in front of them - thereby exposing their child to the traffic before themselves

Why do they do that it annoys the pants off me to!! Along with their inability to fold up their buggies on buses anymore !!

....no I don't have kids, lol.