Car Towing Charges

leo140485

I usually park on a residential road for work. Today I returned from my lunch break and parked in a open space. When I returned to my car, I see it being towed away.

I saw contracters working, I asked them if they know who towed it, they directed me to Wandsworth Council and pointed me to a sign further down the road from where I parked.

The sign did state I could not park in front of the two houses, although my arguement is that the sign was not clearly stated seeing as I was parked by a lamppost where I apparently could not park. I feel a sign should've been on that post also to mark off the area of the new parking suspension, or at least have cones out as well.

I had to pay £255 to get my car released only after 1hr of them holding it.

Please view the pictures on my FlickR account and please give me your thoughts on whether you feel I can claim my money back?

Copy and paste the below after the .com in flickr.com

/photos/64908380@N03/sets/72157629040951363/

AlexisV

The council may state that the suspension sign is placed on the same post as the normal parking restrictions, so is well signed.

Post up all your towing documents. They are usually good for loopholes.

peter_the_piper

Definitely worth running this also on the pepipoo.com site

leo140485

I've written a first draft of my letter requesting a refund.

I was hoping I could get your opinion if you don't mind.

"FORMAL REPRESENTATIONS TO APPEAL

PCN (Penalty Charge Notice): XXXXXXXXXX
Date of Issue: 26/01/2012
Vehicle Registration: XXXX XXX
Location of Removal: XXXXXXXXXXXXXX

Dear Sir/Madam,

I am appealing against the above PCN and the subsequent removal of my vehicle on 26th January 2012 from Swaby Road. I am requesting a full refund of all the charges amounting to £255.

Penalty Charge: £55.00
Removal Fee: £200.00
Total Amount: £255.00

The appeal is based on the following points:

“When it is necessary to suspend parking spaces this will normally be done by displaying a warning sign a minimum of four working days before the suspension is due to start, and by leafleting cars and households in the immediate vicinity. The regulations require that the suspension warning sign should be placed in or adjacent to the suspended area and this is usually done by displaying a sign on the nearest post or lamp column to the suspended area”

Ref: Wandsworth Website “What we do”

I work at XXXXXXXX and park my car daily on XXXXXXXXX, at which point, I take my allocated 1hr break at 10:30am-11:30am to abide by the parking restrictions enforced in this area.

I received no leaflet on my car warning me of the upcoming suspension, and where I was parked, the sign was inadequately displayed for the suspension.

It is stated on your website that you display a sign on the nearest post or lamp column to the suspended area, however I was parked right by a telegraph pole with no sign. My car, judging by the dry patch on the road from where my car was removed from, was only partially in the restricted bay, however it was directly in front a post with no sign indicating the restriction.

I have attached images displaying the area.

I had returned from my lunch break 5-10min early, and when I parked my car in that bay, I was sitting in my car waiting for 11:30am to arrive so that I could leave my car with no fear of receiving a ticket. Whilst sitting in the car, I was aware that contractors were operating around me, and as I was sat in my car, not one of the contractors informed me that I was obstructing their space. A few of them had clearly seen I was still in the car, and even upon leaving my car, not one of the contractors asked me to move my vehicle.

Only by chance that I needed to return to my car to collect something off-site for work, I discovered my car had been towed away, and as I walked up to the space, I saw the contractors looking at their phones and laughing, as I approached to ask if they had seen where my car went, they showed me the photos on their phone of my car being towed away, and then happily said it had been towed away, at which point, they showed me the sign which was displayed further away from where I was parked.

They also informed me that Wandsworth Council had removed my car and that it’s due to that area being paid for and held by them.

“If you return to where you parked your car and find it is not there, it may have been removed if it was illegally parked, particularly if it was causing an obstruction”
Ref: Wandsworth Website “Introduction”

I was unaware of the sign as it was inadequately displayed, and the contractors whom have the space reserved had plenty of opportunities to ask me to move my car elsewhere if I was obstructing them.

So as far as I was aware, whilst leaving my car, it was properly parked.

“that there are compelling reasons why, in the particular circumstances of this case, the authority should either refund some or all of the amount paid”

With the previous two points of the inadequate signage, and the fact that the contractors for whom the space was reserved for had not asked me to move my car at any point, with me still in the car for 5-10min once parked and upon leaving (for which they clearly had seen me walking), I feel a full refund should be provided.

With my car having been towed away, it caused a great inconvenience as after work, at 4pm, I then collect my mother from work who struggles to walk.

I then needed to take a half day leave from work to go collect my car to ensure I would make it on time to collect my mother. If you review the times of the car being towed away at 11:54am (PCN charge), removal at around 12:15pm, and then collected my car from the impound at 2:08pm, I have subsequently lost half day of annual leave.

As a direct result of these improper actions, I hereby request that I am reimbursed in full for the sum of £255.

In the unlikely event you do not feel able to reimburse in full the sum of £255, I shall have no hesitation in taking the matter to the Independent Adjudicator.

Regards,

Leo Hoang"

If there is anything you feel I could add or should take away, please do respond. It would be greatly appreciated.

I had to remove the hyperlinks referencing those quotes as the site would not let me post it.

Many thanks.

taffy056

Okay so you had to pay the penalty charge as well as the removal fee, so it doesn't allow your legal right to appeal as you have already paid it, that is grounds to have it overturned I think. Please go to this site and post in the council section of the forum in a new thread

https://www.pepipoo.com

margaretk

In your last paragraph you should give them a number of days in which to reply - ie If I do not hear from you in the next 10/14 days (or 28 days whichever you think is best), I shall take the matter further etc.

Margaret

Kite2010

And remember to send it Recorded, so hopefully you will get prove that it arrived.

taffy056

I would suggest that you get the advice from the guys over at pepipoo before posting this as a formal representation as it has some holes in it that I can see.

taffy056

And they are still awaiting a scan from your PCN over there, its important to have this.

http://forums.pepipoo.com/index.php?showtopic=68014

leo140485

Please follow the thread on pepipoo. I've updated my thread over on that site now and have attached images for the documentation I have. Many thanks

leo140485

Please follow the link in the above comment reply... I cannot post links for some reason