Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
2008 seems to be my unlucky year. two PCNs so far, in my street for which I have a permit!
I left my car on a single yellow on sunday, thinking I'd wake up and put it in a resident's bay before 8 next morning. bad luck, I got up at 8:50 and the vehicle was gone.
I got it back from the pound the next day and they only gave me the pcn timed 09:47. Is this legal? shouldn't the PCN be timed before the car was removed? Shouldn't they have also given me a note about why the car was removed, what time, which crew etc? The PCN does not state anything about the conditions of the vehicle's removal.
Do I have any chance to get anything back if I appeal? Paid 60 for the PCN and 200 for the removal. Isn't 200 punitive and overpriced? Roadside assistance only charges you 89 or so to collect your vehicle from the M25 and take it to the nearest garage.
many thanks in advance for all assistance
2008 seems to be my unlucky year. two PCNs so far, in my street for which I have a permit!
I left my car on a single yellow on sunday, thinking I'd wake up and put it in a resident's bay before 8 next morning. bad luck, I got up at 8:50 and the vehicle was gone.
So you are actually admitting here that the car was parked in contravention.
I got it back from the pound the next day and they only gave me the pcn timed 09:47. Is this legal? shouldn't the PCN be timed before the car was removed?
No, how can you have a PCN for parking in a defined space at a given time if your car wasn't there?
Shouldn't they have also given me a note about why the car was removed, what time, which crew etc? The PCN does not state anything about the conditions of the vehicle's removal.
It doesn't have to. You may possibly be getting confused with the detail necessary for private clampers/removers which are regulated by the SIA.
They must give you details of how to appeal.
Do I have any chance to get anything back if I appeal? Paid 60 for the PCN and 200 for the removal.
Well the PCN is obviously void from what you say and I would therefore argue that the removal is also flawed because of this. AIUI, removal must flow from a PCN, if the PCN isn't valid, then ipso facto the removal is also invalid.
Isn't 200 punitive and overpriced? Roadside assistance only charges you 89 or so to collect your vehicle from the M25 and take it to the nearest garage.
Penatly charges are supposed to be punitive, hence the term "Penalty". Vehicle Removal Fees are supposed to be covering the enforcing authority's expenses hence the term "fee". I am not sure about civil law, however I am pretty sure that in criminal law you can't be sentenced twice for the same offense.
My appeal to the council was rejected, but I am still not convinced.
I appealed against the removal of my vehicle because I believe it was removed before 8:50 in the morning while the pcn states it was issued at 9:47. The council said in their response that the actual removal took place at 9:50 and sent me pictures showing my vehicle with a piece of paper claiming to be a PCN on the windscreen.
Do you think there is any chance of foul play by the council? My conspiracy theory is that in order to maximise their removals, they stuck an empty PCN envelope on the windscreen, took a photo, then removed the car to the pound and went for the next hunt. In the meantime, someone at the pound issued the PCN.
Before I go to the adjudicator I would like to ask people in this forum, whether a council would actually be doing things like that. They are a local government, not some sort of dodgy company with a PO Box address (although they do have a PO box address for their parking services). I may be wrong and not remember the times correctly, in which case it will be a perfectly legal (and deserved) penalty. Should I pursue them if there is a chance (albeit small) that I am wrong? The 260 pounds that I paid them will have to come out from somewhere else, so I am not prepared to just let go when there is one trace of doubt.
My appeal to the council was rejected, but I am still not convinced.
I appealed against the removal of my vehicle because I believe it was removed before 8:50 in the morning while the pcn states it was issued at 9:47. The council said in their response that the actual removal took place at 9:50 and sent me pictures showing my vehicle with a piece of paper claiming to be a PCN on the windscreen.
Do you think there is any chance of foul play by the council? My conspiracy theory is that in order to maximise their removals, they stuck an empty PCN envelope on the windscreen, took a photo, then removed the car to the pound and went for the next hunt. In the meantime, someone at the pound issued the PCN.
Before I go to the adjudicator I would like to ask people in this forum, whether a council would actually be doing things like that. They are a local government, not some sort of dodgy company with a PO Box address (although they do have a PO box address for their parking services). I may be wrong and not remember the times correctly, in which case it will be a perfectly legal (and deserved) penalty. Should I pursue them if there is a chance (albeit small) that I am wrong? The 260 pounds that I paid them will have to come out from somewhere else, so I am not prepared to just let go when there is one trace of doubt.
thanks
Surely if you got up at 8.50 as you stated originally the vehicle would still have been there if it was removed at 9.50??
Representation against vehicle removal
timed 09:47. Is this legal? shouldn't the PCN be timed before the car was removed? Shouldn't they have also given me a note about why the car was removed, what time, which crew etc? The PCN does not state anything about the conditions of the vehicle's removal.
Reply With Quote
Originally Posted by vskouras
