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I have just found this forum and have already emailed a letter of complaint to the council concerned.

 

However I would be very grateful of any opinions on my appeal. The letter is below with various personal details removed. I also sent supporting photographs as evidence.

 

Many thanks in advance.

 

Recently, my vehicle was towed from a road in SW12. I was parked in a parking bay which I subsequently found out was suspended. The Reference for this suspension is XXXX, the yellow suspension warning sign records that the suspension relates to "the site outside XXXXX road".

 

As you can see from the attached photographs, the yellow bay suspension warning notice is attached to a lamp post outside no. XX XXXXXX Road, some considerable distance from the suspended area.

 

When I contacted your offices to enquire if my car had been towed away, I found that a car similar to the description of the one I drive was indeed impounded. However this car had a registration number recorded as XXXXX, (different to mine. When I arrived at the pound, the staff told me that as the PCN didn't relate to my vehicle, no release or PCN charges were due and that I could retrieve my car. When I viewed the which was under my wiper blade, it listed the registration number of the car removed as XXXXX (different to mine). Therefore not my car.

 

I believe my car was illegally removed from XXXXX road for the following reasons.

1. A PCN was not issued for my car prior to its removal, a requirement of your regulations.

2. The yellow suspension warning sign was not attached to a parking bay signpost, a requirement of your regulations.

3. The yellow suspension warning sign was not attached to the nearest parking bay signpost to the suspended area. (there is one adjacent to the suspended bay which was not used). A requirement of your regulations.

 

I believe your employee acted both unlawfully and incompetently in placing the yellow suspension warning sign in the wrong position. I also believe that your traffic warden acted unlawfully and incompetently in not conforming to your regulations relating to the positioning of the yellow suspension warning sign when authorising the removal of a vehicle.

 

The release fee for an impounded vehicle is two hundred pounds. The cost of a PCN for a contravention of parking regulations relating to parking in a suspended parking bay is one hundred pounds. I wish to claim compensation for the significant anxiety, stress and cost I sustained as a result of your employees illegal actions. I believe that a sum of three hundred pounds compensation is fair and request that you forward a cheque made payable to XXXXXXX within the next 14 days to my addressXXXXXXXXXXXXXXX.

 

Please confirm receipt of this email. If this email has been sent to the wrong email address please supply me with the correct address for parking complaints.

 

Yours faithfully

 

Richard Barlow

 

PS Please see attached photographs for evidence of my case.

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Without wishing to sound rude maybe you should have asked for help before sending the letter! Your letter is littered with mistakes which make it sound like you don't know what you are talking about such as the Council employing 'Traffic wardens'. In addition you cannot just ask for an arbitary amount such as £300 as compensation when all you have to compensate for is a days loss of use and a cab to the pound.

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I have just found this forum and have already emailed a letter of complaint to the council concerned.

 

However I would be very grateful of any opinions on my appeal. The letter is below with various personal details removed. I also sent supporting photographs as evidence.

 

Many thanks in advance.

 

Recently, my vehicle was towed from a road in SW12. I was parked in a parking bay which I subsequently found out was suspended. The Reference for this suspension is XXXX, the yellow suspension warning sign records that the suspension relates to "the site outside XXXXX road".

 

As you can see from the attached photographs, the yellow bay suspension warning notice is attached to a lamp post outside no. XX XXXXXX Road, some considerable distance from the suspended area.

 

When I contacted your offices to enquire if my car had been towed away, I found that a car similar to the description of the one I drive was indeed impounded. However this car had a registration number recorded as XXXXX, (different to mine. When I arrived at the pound, the staff told me that as the PCN didn't relate to my vehicle, no release or PCN charges were due and that I could retrieve my car. When I viewed the which was under my wiper blade, it listed the registration number of the car removed as XXXXX (different to mine). Therefore not my car.

 

I believe my car was illegally removed from XXXXX road for the following reasons.

1. A PCN was not issued for my car prior to its removal, a requirement of your regulations.

2. The yellow suspension warning sign was not attached to a parking bay signpost, a requirement of your regulations.

3. The yellow suspension warning sign was not attached to the nearest parking bay signpost to the suspended area. (there is one adjacent to the suspended bay which was not used). A requirement of your regulations.

 

I believe your employee acted both unlawfully and incompetently in placing the yellow suspension warning sign in the wrong position. I also believe that your traffic warden acted unlawfully and incompetently in not conforming to your regulations relating to the positioning of the yellow suspension warning sign when authorising the removal of a vehicle.

 

The release fee for an impounded vehicle is two hundred pounds. The cost of a PCN for a contravention of parking regulations relating to parking in a suspended parking bay is one hundred pounds. I wish to claim compensation for the significant anxiety, stress and cost I sustained as a result of your employees illegal actions. I believe that a sum of three hundred pounds compensation is fair and request that you forward a cheque made payable to XXXXXXX within the next 14 days to my addressXXXXXXXXXXXXXXX.

 

Please confirm receipt of this email. If this email has been sent to the wrong email address please supply me with the correct address for parking complaints.

 

Yours faithfully

 

Richard Barlow

 

PS Please see attached photographs for evidence of my case.

 

 

Dont know who you have emailed it to but I would send it by recorded post to the Chief Executive of the Council concerned.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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It sounds like you have strong grounds to appeal the PCN if they choose to continue to enforce it (not least the fact that the PCN did not correctly record your VRM which is fatal to a PCN), but as you paid no fee to retrieve your car, I think your wish for compensation will fall on deaf ears.

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Thank you to those who took the trouble to reply with constructive comments. Green and mean, as i said in my post i didnt ask for help before sending my letter because i found this forum after having sent it. If you have any interest in helping rather than simply criticising, perhaps you'd identify the mistakes that "litter" my letter so i may correct them in any future communication. (that was the point of my posting). In addition why can't i "just ask for an arbitrary amount"? how is the pcn fine arrived at ? I suggest it's arbitrary. My letter states the reason for my claim of compensation is not purely based on the cost of a taxi but on the stress and anxiety caused to me. If we all accepted this kind of treatment from public bodies (which WE pay for) then we might as well give up roll over and play dead. So G&M if you have the expertise knowledge and inclination, why not be constructive and list my mistakes with corrections and explain more fully why my claim of compensation is inappropriate. If however as I suspect, you prefer to simply criticise, please dont bother to reply.

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You can ask for any amount you like mate, and the council can negotiate from there or not as they wish. Ultimately you can issue a letter before the action with your claim and issue proceedings in the county court as a chancer. It's entirely your call.

 

As for technical errors in your letter. Yes there are some but it's also fair to say that you have used vernacular common terminology which may make some feel undermines your claim (as it may suggest you do not know the technicalities and therefore are not totally up to speed) but I would argue you appropriately convey the sentiment.

 

Do I think you will get compensation? no. Do I think you have a valid county court claim? no. Do I think you can go through the council's complaints process and then to the LGO for maladministration? Yes and he can award compensation.

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

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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Thank you very much BTB. Exactly the sort of advice I was looking for. I am fed up to the back teeth with the abuse of parking regulations where I live. My councils own guide to parking available on their website says the following regarding the placement of suspension warning signs

 

"When it is necessary to suspend parking spaces, this will normally be

done by displaying a warning notice (as shown) and by leafleting cars and

households in the immediate vicinity. The regulations require that the

suspension warning sign must be placed on the nearest parking post to

the suspended area, and this applies even if a telegraph pole or tree may

be closer. Therefore, drivers should always check the nearest parking bay

sign to where they have parked, to find out whether a suspension applies."

 

As I've said previously the sign in my case was attached not to a parking post but a lampost, neither was it near the suspended bay in fact there is a parking post less than 6 feet from the suspended bay. If as suggested by Wandsworth, I should always check the nearest parking bay sign to where I have parked, I would have found no warning sign at all. Am I supposed to accept that my car was illegally towed and impounded and be happy that due to their mistake in recording my reg. no. on the PCN, I "got away" without having to pay a release fee or PCN fine. Doesn't sound like justice to me.

 

Mistakes happen, errors are made (in this case through negligence and incompetence I believe) however why should I be inconvenienced in any way by this? Putting the shoe on the other foot had i parked genuinely illegally , got towed and turned up at the pound and said "oh sorry I made a mistake by parking illegally, would they laugh it off and say oh go on then heres your keys back we all make mistakes. No need to pay any fines........... " Hmmm I think we know the answer to that one.

 

I realise that some of the wording in my letter may not be technically correct and that clearly a letter written in the language of the lawyer would be beneficial. However I am glad you think that I appropriately conveyed the sentiment. I will take all the constructive advice I've been given and use it the pursuit of my case. Thanks very much to BTB, dw190 and crem.

 

Regards.

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