Car towed - no photos on the online PCN ticket

BizzleAFC

So... I parked my car at around 3:30 (I know this as I left an appointment at around 3pm) so imagine my surprise when I went back to my car at 5pm and it was gone! I knocked on the closest house asking if they'd seen anything, only to be told that she herself had called the council to have to towed as I was blocking her drive and slammed the door. Note, she didn't say her car was stuck in and she'd been inconvenienced, but that she couldn't get on it, so not causing a massive disruption. If I was blocking her drive it was a bumper at best. Now here's the weird bit.

Waltham Forests guidance says: "The local authority can only issue penalty charge notices (PCNs) for most parking offences such as a vehicle parking across your drive way or on yellow lines. For vehicles parked dangerously or causing an obstruction (but not on yellow lines) we will be unable to assist and the Metropolitan Police should be contacted by dialling the non-emergency number 101."

Met Police say "If someone has blocked your driveway so you can’t drive in, we appreciate this can be very frustrating.
If you can find the owner of the vehicle, we’d first recommend asking them politely to move it. If you can’t find them, try leaving a note on their windscreen. After all, they may not realise they have caused a problem."

I parked at around 3:30. When I eventually found my car in the pound and paid the £265 to have it release, I saw the ticket was issued at 16:03. That's some speedy work from my friendly neighbour and the council. Is that a new record? Now I know this patch of street. The pavement I parked across easily holds two cars. I took a photo of the gap my car was in at 5pm. HUGE! I went online to see the pics of the alleged offence and as of yet, no pics.

The pound said there HAS to be pics. If there isn't. Do I have a case? There's no way she was inconvenienced to the tune of my £265! Even the councils own website says above they will be unable to assist. Except in this case they did and within half an hour! It's the speed that's got me! Can I use their own words of not assisting against them?

So basically, two questions: Have you ever heard of such an OTT and quick response? And if no pics get uploaded can I appeal? It smacks of her being someone with links because I've never seen the council act so fast! The drop kerp is actually wider than her drive. I wish I could upload pics as I'd show you the space I took up and it is baffling to me that I blocked any part of her drive, especially one so big that she couldn't enter it.

BizzleAFC

UPDATE: Ok the pics are in so we'll ignore that...I think my best argument is that they themselves say all they can do it administer a ticket. Yet I got towed within half hour. Here's the most unflattering angle that they always seem to get, but even this shows both cars on the driveway with bags of room. There's also room to the van's left

BizzleAFC

Size of driveway in full

cymruchris

So.... If you overhang the dropped kerb, that's all they need. Bags of room or not. Gap being huge or not. The image above appears to show that you're parked partially across the dropped kerb area as the angled kerbstone rejoining the regular height kerb can't even be seen. And in London, they don't hang about. 

BizzleAFC

I guess it’s more that the council said they don’t tow over this offence, and neither the time I was there, nor the room that was left inconvenienced her. 33 minutes is hardly an inconvenience, especially when both cars can get on her driveway.

BizzleAFC

I guess really, I’m just after any sort of !!!!!! up they may have made that makes it easier for me to fight. I keep reading articles saying I should have been issued a ticket first? The ticket was on my windscreen, but I didn’t see it until after I’d paid the fine and got my car released

Half_way

Pepipoo has more experts on council tickets , I would suggest you start a post over there,and keep this place informed/up to date so we can learn and in turn help others

fisherjim

Pepipoo is the place as Half_way states but I wouldn't hold too many hopes, and they use a private contractor to do the towing called NSL who will be very eager to get over pronto and earn their fees 6:30 AM to 10PM:

Blocking or obstructing any dropped kerb is against the law, and our civil enforcement officers can issue a penalty. Once a penalty's been issued, the vehicle may be towed away.

A vehicle doesn’t have to be fully blocked to be committing a parking violation.

If any part of a vehicle is parked adjacent to the fully flat section of a dropped kerb, then a PCN can be issued. This includes overhang from a bonnet or boot.  We cannot act if the vehicle is only parked next to the sloping or tapered part of a dropped kerb.

NSL can be contacted on:

• {Removed by Forum Team} (option 4) Monday to Saturday 6.30am to 10pm and Sunday 9am to 5pm

Ozzig

If you genuinely were not aware it was an offense parking in front of the dropped kerb, might be best to mark it up as an expensive lesson, but at least you'll know not to do it next time.

Half_way

Pepipoo is worth a try, as you have nothing to loose by trying.

Coupon-mad

I think it is a no-brainer to try, because you've already paid. Nowt to lose.

Point out that towing is "draconian" (use that word - it comes from a Chief Adjudicator) and very much a last resort, and not stated on their website either.  The overhang was de minimis and your wheel was not adjacent to the dropped area.