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on 8th August 2008 at 9:57 p.m. a CEO noticed my car parked at the Station parade of Outer London Tube Station, issued me a PCN, waited for two minutes, and towed my car to a Car Pound. He did not wait for 15 minutes mandatory before a car could be towed. Later I had to pay £ 250.00 to get my car back?

Can anyone propose a remedy as to how can I recover my money back from these blood sucking parasites?

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Sounds to me like the statutory ground for appeal is a "procedural impropriety"

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Sounds to me like the statutory ground for appeal is a "procedural impropriety"

 

do you have any documentation

 

I assume this is directed at the OP

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I have all the documentation and three witnesses, who are willing to testify that we only stayed for less than 15 minutes at the place where parking was not allowed.

Another thing. Six other cars were parked exactly where my car was parked at the same time. None of them were issued a PCN or towed. So why my car?

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I have all the documentation and three witnesses, who are willing to testify that we only stayed for less than 15 minutes at the place where parking was not allowed.

Another thing. Six other cars were parked exactly where my car was parked at the same time. None of them were issued a PCN or towed. So why my car?

can you take out personal deatils and scan the documentation.

 

Yes witness statements will be very important.

 

It will be a good idea to obtain the pocket be entries of the ceo, i have two ajudications where the attendants have forged these( the police were to be involved I believe). If you have three witness statements these need to be compared to the notes of the attendant.

Edited by nero12
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No. I do not have the notes of the attendant as yet. Because at first I have to make a representation to the council. Then when the council rejects my representation, then I have to file and appeal with the Adjudicator. It is at this stage that the Parking Attendant's notes will be released. Before that I will not have access to these notes.

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No. I do not have the notes of the attendant as yet. Because at first I have to make a representation to the council. Then when the council rejects my representation, then I have to file and appeal with the Adjudicator. It is at this stage that the Parking Attendant's notes will be released. Before that I will not have access to these notes.

AFAIK, because you have already paid the fine under dures so to speak I think you can have these notes sent under the freedom of information act. I would also ask for the error rate of the attendant in the last 6 years, and what they were for to see what this individual has been up to.

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AFAIK, because you have already paid the fine under dures so to speak I think you can have these notes sent under the freedom of information act. I would also ask for the error rate of the attendant in the last 6 years, and what they were for to see what this individual has been up to.

BTW you were you causing an obstruction were you.

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No. I was not causing any obstruction. In fact my car was parked in a queue of cars which were all parked one behind the other. No other car was issued a PCN and no other car was towed away. It was only my car which was the "Pick of the Day" for the CEO.

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No. I was not causing any obstruction. In fact my car was parked in a queue of cars which were all parked one behind the other. No other car was issued a PCN and no other car was towed away. It was only my car which was the "Pick of the Day" for the CEO.

What was the pcn for.

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The PCN was issued for Contravention-01 "Parking in a restricted street during prescribed hours".

appeal this fine for proceedural impropriety enclose witness statements, if they resist ask for full tribunal disclosure of the attendants notes and beat relating to the pcn. ask for tribunal hearing.

 

Also ask for full details of the attendant error rate in the last 6 years which should establish his record.

 

Ask for a hearing in person and you also wish that the ceo attend as is your right.

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Thanks for the advice.

Can I find a template of a letter that could be sent to the Council challenging this PCN? It would be a great help to know which procedural improperieties should be challenged?.

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Thanks for the advice.

Can I find a template of a letter that could be sent to the Council challenging this PCN? It would be a great help to know which procedural improperieties should be challenged?.

there isnt on, write one out to tailor your needs then post up so it can be checked.

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I think it's the towing that is being challenged rather than the PCN.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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  • 3 weeks later...

Hi Nero12,

I have got a reply from the Brent Council. The reply admits issuing PCN at 9:57 p.m. and removing the vehicle to car pound at 10:05 p.m. They claim that waiting is restricted at any time in this section of Queensbury Parade under the Brent (Waiting & Loading Restrictions Order 1979). They say Double yellow line means no waiting at any time. Vehicles parked on yellow lines are deemed to be obstructing vehicles traffic. In accordance with Traffic Management Act 2004, vehicles illegally parked on yellow lines would be removed to the car pound as soon as the PCN is issued to the vehicle.

The rest is all the usual bull**** in the letter. I seek your advice to contest this claim.

Thanks

Ray

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on 8th August 2008 at 9:57 p.m. a CEO noticed my car parked at the Station parade of Outer London Tube Station, issued me a PCN, waited for two minutes, and towed my car to a Car Pound. He did not wait for 15 minutes mandatory before a car could be towed. Later I had to pay £ 250.00 to get my car back?

Can anyone propose a remedy as to how can I recover my money back from these blood sucking parasites?

 

Where are you getting or understanding "mandatory" from?

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No. I do not have the notes of the attendant as yet. Because at first I have to make a representation to the council. Then when the council rejects my representation, then I have to file and appeal with the Adjudicator. It is at this stage that the Parking Attendant's notes will be released. Before that I will not have access to these notes.

 

I believe Nero was asking for the documentation you received when reclaiming the vehicle. It is important.

 

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The documentation received at the time of release of the vehicel was a Removal Release fee Receipt and a Brent Council receipt for £ 250. Apart from that a set of documents was given to me to file a representation against the PCN to the Brent Council.

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The documentation received at the time of release of the vehicel was a Removal Release fee Receipt and a Brent Council receipt for £ 250. Apart from that a set of documents was given to me to file a representation against the PCN to the Brent Council.

 

yeah very nice. does it all of it comply with the law then?

 

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well if you don't show them here, how do you know they comply with the relevant legislation that applies. If they don't, then you have a good chance of getting your money back. You didn't, for instance, mention getting handed the original PCN ?

The law specifies exactly what documentation should be handed to you and most of the wording. If it does not comply - you have a case.

 

Your arguments to having "3 witnesses" might seem valid in common sense terms but won't get your money back.

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Ray.

The law defines how towing should take place - certain procedures. Documentation must be accurate (a standard if you like - taps all have the same screw thread - tape measures all equal whatever you pay for them, etc.).

 

I don't know if you have a case yet.

 

Given you're £250 out of pocket I thought you might be interested in investigating the possibility of recovering that.

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My car was towed away as it was parked on a double yellow line at 10.00 p.m. It was towed away by a sub contractor in the presence of a CEO, who issued the PCN. The PCN was issued 4 minutes before the car was towed away. The local council claims that the place where my car parked has waiting restrictions in place at any time. Hence the PCN was issued and car towed away. My argument is six other cars were parked right behind and front of my car. None of them were issued PCN and none were towed away. Why the discrimination? The document that I was issued when the car was released is nothing but a plain receipt. It contains my name and address, some numbers and the amount charged. That's all.

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