Car towing appeals - input needed please

rr1

Hi,
We parked our car on a single yellow line overnight in a restricted parking area (parking is allowed from 7pm-7am the next morning), with the intention of moving the car before 7am in the morning. Unfortunately we missed the alarm and therefore only checked outside by 10:30am and the car had been towed away by then.
There is a signage there so we were aware that we had to move the car at 7am the next morning. The sign board has a yellow background with the no parking red & blue sign along with the notice “7am–7pm”. However there is no indication of the fact that it is a ‘tow away zone’ or anything of such nature.
We thought being issued with a Penalty Charge Notice was fair enough, however we feel the clamping/towing was excessive resulting in payment of a much higher amount of £200 (plus the £60 PCN) for getting the car back. Having read the section on MSE on towing/clamping parking ticket appeals (text from MSE page quoted below), it seems you are able to appeal on the basis of the penalty being too harsh for towing or clamping.

"The penalty was too harsh – towing or clamping only

• It's possible to argue that getting towed or clamped is excessive and the resulting cost is unfair; and ask to pay only the Penalty Charge Notice value. Councils have been known to make partial refunds on this basis.
  To help, check the PCN code to see whether the 'contravention' you committed is deemed a serious or less serious offence. While you've a better chance if it's a lower offence, even if not, there's no harm appealing as you've already paid so won't lose out financially."

Has anyone appealed on this basis and succeeded? If anyone is able to share their thoughts on this matter, your input would be much appreciated.

Many Thanks.

peter_the_piper

As well as on here I suggest you also post on pepipoo.com for extra adxice.

give_them_FA

Towing off a single yellow line seems harsh and unnecessary. If it was causing an obstruction you could understand it but this seems to be more to make cash. I would deffo appeal, there is nothing to lose. Where was it?

Coupon-mad

You absolutely and definitely MUST appeal this within 28 days. It's a no brainer because you have nothing to lose at all as you have already paid.

Yes people have succeeded with appeals against Council towing - successful cases are reported regularly in threads on pepipoo:

http://forums.pepipoo.com/index.php?showforum=30

Why not read a few towing threads there in the first few pages, to get the hang of what to quote in an appeal. The thread by the user n101 has a good quote from the Chief Adjudicator about towing only being a last resort and that a PCN alone can be sufficient to convey the contravention. n101's thread is within the last few pages as I saw it updated only the other day. Also look at other pepipoo threads though where the heading shows the word 'removed' or 'towed'.

Register there and read the FAQs, then please start your own topic with pictures, like the others you read. Draft what you want to say in your appeal and you may get more pepipoo responses, as people there are busy and like to see a newbie has done a bit of reading and drafted something.

I post as SchoolRunMum over on pepipoo so will look for your thread if I get a moment this week.

rr1

Hi all - thank you to all of you for your response.

@Coupon-mad & peter_the_piper - I will definitely check on pepipoo, and specifically n101's thread.

@Give them FA - it was parked on Smugglers Way in Wandsworth, London (SW18). On google maps you will see a BP petrol station/M&S...it was just opposite there. It is not a main road but there is a constant flow of through traffic during the day, and very quiet early mornings and evenings. Not sure if that would be classed as causing an obstruction to the traffic?

Thanks again.

27col

I can't help thinking that missing a restricted parking period by 3 .5 hours is taking the p*** a bit.

rr1

27col - Yes I agree but still feel the towing was harsh/unnecessary.

Coupon-mad

Yep, have you got a thread started on pepipoo yet? When you do, can you link it so we can follow it and see you win your money back?