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

Coupon-mad

only_mee wrote: »

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.

AFAIK that info about Special Enforcement Areas no longer gives you an appeal point. That loophole was closed earlier this year, so this bit isn't worth quoting I believe:

'' 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”.



Post your PCN on pepipoo and ask for their help if you haven't already. Never just trawl old advice, always start your own pepipoo thread on each PCN as rules change.

I certainly don't want to put you off appealing though. I would appeal any Council PCN to the adjudicator.

shaun_from_Africa

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

So what do you do when you park outside your house or go shopping?
Your number plate is probably seen by thousands of people each day.

taffy056

shaun_from_Africa wrote: »

So what do you do when you park outside your house or go shopping?
Your number plate is probably seen by thousands of people each day.

There is a difference though, the OP is appealing a parking ticket, the information could be used against him/her if this is given to the council, they will already know what advice is being given so they will ensure that they will not make any mistakes in the paperwork, the net is a double edged sword as been proved by other appeals.

roddydogs

Dont understand the "No signage" bit, do you really expect a "Sign" on every Dropped Kerb?

peter_the_piper

On Pepipoo there is an arguement that the payment of the fine with the tow is illegal as it removes your right to appeal. Where this has been used I don't think a council has allowed it to go to adjudication as it would open the floodgates for thousands of appeals, they normally seem to fold at the last minute.

mcjordi

shaun_from_Africa wrote: »

So what do you do when you park outside your house or go shopping?
Your number plate is probably seen by thousands of people each day.

as taffy says im not appealing a parking ticket,

even on the car forums i blur my number plate, even tho 75% of the people on there know me and my car, as its a public forum which could be accessed by the council in question its best to blur the plate so as they couldnt follow the op's advice from here

paddedjohn

take it on the chin and put it down to experience, no sign is needed at a dropped kerb.

taffy056

paddedjohn wrote: »

take it on the chin and put it down to experience, no sign is needed at a dropped kerb.

So that is your money saving advice to the OP, did you happen to miss completely the advice from peter piper above ? Really telling people to take it on the chin is not the correct advice, otherwise we would still have the banks ripping us off on credit card charges and so on!

So OP go to pepipoo and see if they can help you

awy2279

taffy056 wrote: »

So that is your money saving advice to the OP, did you happen to miss completely the advice from peter piper above ? Really telling people to take it on the chin is not the correct advice, otherwise we would still have the banks ripping us off on credit card charges and so on!

So OP go to pepipoo and see if they can help you

Sorry about the delay reply, my internet wasnt working properly yesterday!
Yes i did make a post at pepipoo ans still awaiting for the reply by the pl... here the link

forums.pepipoo.com/index.php?showtopic=55949&pid=524383&mode=threaded&start=#entry524383

awy2279

peter_the_piper wrote: »

On Pepipoo there is an arguement that the payment of the fine with the tow is illegal as it removes your right to appeal. Where this has been used I don't think a council has allowed it to go to adjudication as it would open the floodgates for thousands of appeals, they normally seem to fold at the last minute.

Yes i 've read that article and it didnt work