Help!! Council fine me, move & damage my car in one day!!!

parkingman

Hi Guys

As stated in a previous thread, i'm here to help. I have 9 years experience of parking for a local authority. I will offer advice on tickets which I believe were issued incorrectly and peoples rights have been infringed. This case is clear cut, I believe the facts are that your vehicle was parked in a bay displaying a permit. The bay was then subsequently suspended and your vehicle removed causing damage.

My particular council suspend bays for events. No notice is legally required and (if in a CPZ) can be suspended with as little notice as a few hours. If vehicles are present and in situ prior to any suspension, they can not be given any penalty notice. If the vehicle is displaying a permit, then all resonable steps will be made to locate the owner and the vehicle be moved on request. If this is not possible, then the vehicle would be removed via a street to street notice. This is at no charge to the owner of the vehicle. This may only be carried out if the suspension is vital. (for emergency works).
If during the moving of the vehicle damage is caused, then it is the responsibilty of the towing company to make good any repairs. All removal companies take photographic evidence of vehicles prior to lifting and moving. This is compulsary for their insurance. You can demand to see any photographic evidence of the vehicle prior to them moving it. If they fail to show you this evidence then they are in breach of their towage licence.
DO NOT PAY THE PCN. If you are correct in your statement that you had a valid permit for the area in which you were parked, then you were parked legally. Go through the appeals all the way to TPPT and you will win. The adjudicator will not support the council when all the facts are made public. You may also raise the point of the damage to your vehicle by its unawfull removal.

I hope this helps.

patman99

I wonder if the op has spoken to his neighbours to see if they noticed any bay suspension notices going-up, or if there were any events or emergency works taking place whilest he was away on his holidays.

Neil_B

parkingman wrote: »

Hi Guys


My particular council suspend bays for events. No notice is legally required and (if in a CPZ) can be suspended with as little notice as a few hours.

I'd appreciate a link to Regs/legislation for either of those two statements??

The rest of what you say is pretty much accurate and reflects both regs and individual Councils' policy on the matter -- BUT -- although I can see you mean well my experience is that Councils do not behave in such a sensible way most of the time.

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On timescales for notification. As above, I do not believe 'a few hours' -- unless for emergency and they do act as you suggest.

24 hours has been ruled acceptable at Adjudication BUT ---

Personally I still see that as unacceptable and I feel that further Adjudications may find differently.

In a world where we are supposed to be conserving resources I find it incredible that we are expected to attend our vehicles on a daily basis.

I think I recall that applications for suspensions are required 7 days in advance. Not sure if that was blanket or just one Council. Given that, I see no reason why advance warning signs could not be displayed at least 3 days in advance. The answer is simply Councils' poor turnaround of admin as seems the case for everything unless you owe them money!!! LOL.
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Msimpartial_2

Although I displayed a valid parking permit, I was given a PCN due to parking in a suspended bay. The car was also re-positioned without my knowledge. I took a combination of advice from Parkingman and NeilB and made a representation to Islington Council. They accepted my representation on the basis that because I had a valid parking permit I should not have been issued a PCN.

So thank you very much Parkingman and NeilB, your advice has saved me £120!

Ms Impartial:j