Skip to content

PCN: Parking in Disabled Bay, Car Towed less than an hour later

339 Views 39 Replies

0 Members and 182 Guests are viewing this topic.

Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #30 on:
#31
I presume you took the first PCN off the car so they had to serve a second one to tow, that one being at 10:10.





Yeah that’s how it went. I never saw the 2nd PCN in person, it seems that’s the one I had to pay at the car pound to retrieve the car.

The council officer told me that the warden who issued the ticket at 9:08 reported the car to be towed, so they must have came back issued a 2nd ticket and towed it.
Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #32 on:
#33
I presume you took the first PCN off the car so they had to serve a second one to tow, that one being at 10:10.





Yeah that’s how it went. I never saw the 2nd PCN in person, it seems that’s the one I had to pay at the car pound to retrieve the car.

The council officer told me that the warden who issued the ticket at 9:08 reported the car to be towed, so they must have came back issued a 2nd ticket and towed it.

So far you have quite a strong appeal for the tow PCN. The actual ticket was not present inside the tow PCN so it could not have been served, so is a procedural impropriety, making the PCN invalid (1st ground). You can also use the fact it is a continuous contravention as you did not move the car so the PCN should also be cancelled for that reason. (2nd ground)

It seems hopeless for them so rejecting the reps would be unlikely at this point if you did appeal. However you never know.
Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #33 on:
#34
Yes it is a continuous contravention. That's one ground to make reps on the second PCN, which if successful would also refund the tow.

How can I challenge this if I already paid it to retrieve the car?

So far I just sent an email to the parking@lbbd.gov.uk and explained the disabled bay signage issue and notified them that they gave me 2 tickets back to back for the same offence.

Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #34 on:
#35
Yes it is a continuous contravention. That's one ground to make reps on the second PCN, which if successful would also refund the tow.

How can I challenge this if I already paid it to retrieve the car?

So far I just sent an email to the parking@lbbd.gov.uk and explained the disabled bay signage issue and notified them that they gave me 2 tickets back to back for the same offence.

Before you can appeal a tow PCN, you have to pay to retrieve your car, and in doing so are forced to pay the PCN. You can appeal within 28 days after doing so, for no extra cost, including having access to London Tribunals. You can send your appeal to parking@Ibbd.gob.uk as the website does not let you appeal, and after doing so ask for them if they reject your appeal to provide a verification code for adjudication.
Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #35 on:
#36
Yes it is a continuous contravention. That's one ground to make reps on the second PCN, which if successful would also refund the tow.

How can I challenge this if I already paid it to retrieve the car?

So far I just sent an email to the parking@lbbd.gov.uk and explained the disabled bay signage issue and notified them that they gave me 2 tickets back to back for the same offence.

Before you can appeal a tow PCN, you have to pay to retrieve your car, and in doing so are forced to pay the PCN. You can appeal within 28 days after doing so, for no extra cost, including having access to London Tribunals. You can send your appeal to parking@Ibbd.gob.uk as the website does not let you appeal, and after doing so ask for them if they reject your appeal to provide a verification code for adjudication.

Sounds good, looks like I have done all the steps so far. I provided them with the information raised here and will just wait for a response.

Thank you all for your help.
Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #37 on:
#38
So you have appealed both PCNs at this stage?

I appealed the first PCN at 9:08am on the grounds of the fact that they removed the signage and also tried to remove the street lines. This was submitted before the tow and before the 2nd PCN at 10:10am was issued.

The PCN at 10:10 and the tow itself I appealed by email to parking@lbbd.gov.uk and also forwarded the pictures of the missing sign, roadmarks and mentioned that I was given 2 PCN's in the space of an hour for the same offence.

Re: PCN: Parking in Disabled Bay, Car Towed less than an hour later
Reply #39 on:
#40
+1.

OP, for the sake of this exercise let's accept and welcome that PCN ***1276A was served.

My thoughts.

Grounds
Penalty exceeded the amount applicable ....

The council's records show that:
A PCN was served on my car at 09.08 on 19 Aug. for the alleged contravention of Code 40 ******(PCN no. ********);
At 10.10 another PCN was served on my car (*****1276A)for the same contravention;
In the interim my car did not move.

The council removed my car at *****;
I recovered my car at *** and was required to pay £*** comprising £** for the removal and £*** for the discounted penalty in respect of PCN ****1276A.

It must be immediately apparent to the council that as I was required to pay the relevant charges in accordance with s101A(3) of the Road Traffic Regulation Act 1984 and as removal is only lawful, inter alia, in respect of:

101A(3)(a)any penalty charge payable in respect of the parking of the vehicle in the place from which it was removed,'

 then it follows that if no such penalty was payable then the removal was unlawful and 'relevant charges' could not be demanded.

As the PCN relied upon was *****1276A, that is to say a PCN issued on the same day and within 1 hour of a previous PCN, then removal predicated upon PCN 1276A was unlawful and no penalty or other charges could be demanded.