HELP! Car Towed away for parking adjacent to footway Contravention code 27

awy2279

Here is my situation:

I had parked my car adjacent to an unmark drop kerb outside my flat (See photos attached) on Tuesday 19October 2010. when I returning on the evening of the same day, my car was nowhere to be seen. There was no sign nor any yellow lines marked on the floor. I was later told by one of the neighbour that my car might be towed by the Newham council. One call to TRACE later and I find out that my car had been towed that afternoon. I travelled to London borough of Newham on Folkestone road to pick it up and the total fee was £250 (£200 towing fee and £50 PCN).

1. My car was ticketed at 12:54pm
2. According to the car pound, I was towed at 13:16 on the same day
3. I was given an appeal form when I paid for my car to be released from the pound

I have attached photos of all documentation received plus photos of position of my car after it been towed.

i1195.photobucket.com/albums/aa391/awy2279/Scan001.jpg
i1195.photobucket.com/albums/aa391/awy2279/Scan002.jpg
i1195.photobucket.com/albums/aa391/awy2279/PCN1.jpg
i1195.photobucket.com/albums/aa391/awy2279/PCN2.jpg
i1195.photobucket.com/albums/aa391/awy2279/representative01.jpg
i1195.photobucket.com/albums/aa391/awy2279/representative02.jpg
i1195.photobucket.com/albums/aa391/awy2279/representative03.jpg
i1195.photobucket.com/albums/aa391/awy2279/representative04.jpg

After a depth full readings on different forums, I had managed to draft a representative letter for my appeal. (Mainly cut and paste :P).
I hope that with all the experts here could help me to perfect the letter before sending it out.

Many thanks.

awy2279

Dear Sir or Madam,

I am writing to contest the car being wrongfully towed by Newham council at 13:16 on 19 October 2010 after the car being issued a PCNs notice at 12:54 for parking in a special enforcement area adjacent to a dropped footway, Contravention code 27.
I would like to submit an appeal for the following reason.

1) The place where the vehicle was at rest was not in a civil enforcement area for parking contraventions
2) There has been a procedural impropriety on the art of the enforcement auhtority

To Clarify;

a) The general topography of the carriageway and footway does not clearly indicate the presence of a dropped crossing at the specified location as there wasn’t any apparatus to assist pedestrians across the road such as a reciprocal kerb, pedestrian crossing or traffic light, thus indicating this dropped footway is indeed public and not private. (Refer to Photo 1,2 and 3)
b) The crossing point is neither flush with the carriageway nor are there obvious tapers to a full height kerb, up stand as one would reasonably expect to find at a pedestrian crossing point.
c) Despite the obvious design flaws stated in (b), no discretionary road markings have been applied to emphasize the presence of the alleged dropped crossing as permitted by the Traffic Signs Regulations and General Directions 2002 (Dawing 1026.1).
d) There is no tactile paving at the crossing point which would indicate the presence of such
e) The opposing side of the road where there is no apparent dropped kerb. From the Photo 4 one could easily mistaken it to be poor constructed or damaged over the years.
f) Routine safety inspections undertaken by the local Highway Authority should have identified and rectified the above defects but have clearly failed to do so.
g) There was no signage. Council areas within Greater London that were awarded Special Parking Area status under section 76 of the Road Traffic Act 1991 are now considered, due to paragraph 01(5) of Schedule 10 within the TMA 2004, to be Special Enforcement Areas.
2(5) In paragraph (4) a “special enforcement area” means an area designated as a special enforcement area by means of—
(a) an order made under paragraph 1(1) or 3(1) of Schedule 10 to the Traffic Management Act 2004; or
(b)an order which, by virtue of paragraph 2(5) or 3(5) of that Schedule, has effect as if it were an order so made."
Since S.I. 2009/1116 does not include those councils within Greater London that were granted Special Parking Area status under the 1991 Act, it means that those councils do not qualify as being exempt from having to place traffic signs for the purpose of providing information to road users as to the effect of section 85 (double parking) or 86 (parking adjacent to dropped footways) of the Traffic Management Act 2004 in their area.

As the prohibition was not signed and no exemption from placing traffic signs has been granted, I require you to cancel this penalty charge forthwith and to immediately cease enforcing the effects of sections 85 & 86 of the TMA 2004 until the appropriate signage is placed or an exemption is enacted by statute”.

See (attached CPZ for controlled Parking zone for Canning town)

h) Furthermore, I would suggested that the penalty charge or other charge paid to secure the release of the vehicle were exceeded the applicable amount. This is said due to the fact that I had noticed there were several cars being towed for parking near the same spot. I am sure by now the council should have setting up a procedure or plans to overcome the outcome. Unfortunately, I didn’t see any except that it had given an impression that the council were making money out of it for keep issuing a PCNS and getting the car being towed away each day given that the area were not under controlled parking zone.
i1195.photobucket.com/albums/aa391/awy2279/06.jpg
i1195.photobucket.com/albums/aa391/awy2279/Photo1.jpg
i1195.photobucket.com/albums/aa391/awy2279/07.jpg
i1195.photobucket.com/albums/aa391/awy2279/17.jpg

roddydogs

Links to photos dont work.

only_mee

roddydogs wrote: »

Links to photos dont work.

They dont have enough post

put http:// before each one

peter_the_piper

On the dropped kerb they seem to have you banged to rights, no markings are required for dropped kerbs. There may be other technical ways of recouping this. For this you would need to post on pepipoo.com.

sarahg1969

OP, you really need to take this to pepipoo.

mcjordi

you REALLY NEED TO BLUR THE NUMBER PLATE ASAP

roddydogs

Why?.................

only_mee

My thoughts too why?

mcjordi

IT could identify the OP..

i wouldnt want my number plate on display to all and sundry

only_mee

Obviously there are not as bothered as you, or me, as they have taken the picture and not bothered to edit it even with the simple tools photbucket offer.