Car Broke Down but tickets kept coming!! What to do now......?

[ParkingPrincess]

Sorry this post is a bit long...

 

My car broke down on the 28th of September this year. It was on a main road,

 

After unsuccessfully trying to re start it several times I called my insurance company and reported the car as being broken down and could they send out one of their operatives to tow it to the usual garage that I use. I was told that someone would be with me in approximately 90 minutes to 2 hours.

 

I had been with my car about 30 minutes when the police drew up and said that they would like to tow my car around the corner as it was causing an obstruction to a busy highway. I said this was fine and they duly towed me around the corner off of the main road. They also provided me with a CAD reference for the incident that I noted.

 

I then waited there until the tow truck turned up about an hour later.

I had already called the usual garage that I use and told them to expect the car and arranged to call them the next morning to see what the issue was with the car before they started work to fix it.

I called the next morning and was told that it would cost quite a lot to fix the car and as it was quite old and also a diesel car that it might be better to scrap the car at this point rather than throw more money at fixing it. I agreed and was then told by the mechanic that I had to make sure I used a reputable scrappage dealer as if the company that I used did not dispose of the car correctly, I could be liable for a fine.

 

I made sure that I researched the company that I used and had to wait until the 16th of October for them to be able to collect the car to scrap it. I had pre agreed that the garage that the car was left outside was to feed the meter whilst it was there (it could not be moved as it was not drivable) and I put a notice in the window of the car that said this and the date that it was going to be picked up to be scrapped). I also left the log book (V5C) with the garage to give to the car scrappage firm and they would then give the yellow slip back to the garage who were to send it to me in the stamped addressed envelope that I had left them. All sounds very easy, doesn't it?

When I went to drop the log book and stamped addressed envelope to the garage, I could see that a parking ticket had already been issued and left on the car. I said to the garage that they had agreed to feed the meter whilst the car was parked there and I would reimburse them for this.

 

the upshot is, that to date, I have had two more tickets that have gone to the full amount (£110 as opposed to the initial amount of £55).

I have appealed all of them including the ticket that I initially got which was still in the £55 as it was within the 14 days, and had a reply back saying that I hadn't shown any proof of the car being broken down.

 

I quoted the CAD reference which is from the Metropolitan Police, I added the cancellation of insurance letter and the letter I sent to the DVLA telling them I was no longer the registered keeper of the car and that it had been sold for scrap.

 

 

In their letter of response to my appealing the ticket the borough council says that, 

'The PCN was issued because your vehicle was parked in a shared use bay during restricted hours without displaying a valid permit (paper or virtual), pay and display ticket or activating cashless parking rights for that bay. And that they noted my comments that your car was towed to this location as it had broken down, and was then left parked there while you researched a scrap dealer.

 

Whilst you have claimed an exemption for this reason, no evidence to support this breakdown was received with your challenge. I must also advise that in instances of a breakdown, drivers must arrange for the vehicle to be removed from the public highway within 24 hours. As you have stated the breakdown occurred on 28 September 2020, there is no exemption in this case'.

If drivers are unable to relocate their vehicle, they must purchase parking time to cover it for the entire duration it will be parked. In a shared use bays such as this one, drivers may purchase a pay and display ticket from the machine, or activate a cashless parking session'. the garage said they would do this for me but did not!

I have now had a notification from the DVLA (just received today) that they registered the fact that I am no longer the registered keeper of the car and I got a letter from the insurance company to day that I had indeed broken down.

 

I would have thought a CAD reference from the Met Police would hold more clout than an insurance company, but, anyway...the letter from the borough council says that I either need to pay, or go forward with a further challenge and they will not take any further information in to account for this ticket.

 

I have not one, not two but three of these tickets that were issued whilst the car was sitting outside the garage unable to be moved as it was not drivable (2 of which have gone to the higher amount of £110)

 

Need your help...Please!

Yours sincerely and in anticipation
 

 

[Jamberson]

The garage put the car in the parking bay after inspecting it? They then failed to keep feeding the meter for you? I would say your argument is primarily with them, but forcing them to pay the PCNs doesn't seem realistic, so they've landed you in it.

 

In terms of your appeal, I would be looking for proof it was towed to the garage, some sort of paperwork from the garage, proof it was scrapped - that kind of thing. It's not a guaranteed win, but stronger then just proving you're no longer the keeper.