Free Traffic Legal Advice

For meaningful advice, please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post here all sides of the unredacted PCN and of any other documents received at the pound, + a GSV link to the location.

The most important thing to do in this case is to put up all documents, both sides, and only cover up the name and address.

I often win towing cases because the motorist is not given proepr information at the car pound, as does CP8759

So please let us see everything so we can put killer representations together

I am wondering what is on the opposite side of the road, a road we don't yet even know the name of, i.e. is one of the three statutory purposes engaged?

Hi guys

Thanks for your responses. I have answered your questions below and provided the list of photos with some explanation in the attached pdf document.

The name of the road Brookside Road N9 and the car was parked right next to a flooded kerb area where the dropped kerb section was not obvious.

I have checked the council's website to view their photo evidence. Based on my observations, my appeal grounds can be summarized as follows:

1) PCN time: In one of their own photos, the car removal truck is shown to be present right next to my car and reversing towards my car to remove it and the time is shown on the photo is 09.17hrs. Whereas the PCN issue time is shown as 09.19hrs i.e. two minutes later. This means that they started the car removal enforcement process well before issuing the PCN, giving no time for me to take my own photo evidence of the area where the car was parked or observe the settings before challenging their decision. In the attached document, you will see their photos showing these times (one of the photos shows the car removal truck right next to my grey VW, reversing towards it but there is no PCN on my car at all - this photo of theirs had been taken at 09.17hrs. The other copied PCN document shows their PCN time, which had been issued at 09.19hrs i.e. two minutes later.) This means that they had decided to remove my car well before issuing the PCN.

2) The same photo also shows that the part of the kerb where I parked had been flooded, making it difficult to see whether there was a dropped kerb there.


3) Uneven kerb surface right behind my parked car - it is not known whether there are two dropped kerbs next to one other or they did it to confuse motorists about where the dropped kerb starts and finishes. In two other photos in the document attached, you can see part of the kerb behind my parked car which looks very different with a slightly pinkish colour and some slightly dropped kerb surface ending towards the carriageway. I felt like the dropped kerb was behind me rather than next to me hidden in the flooded area.

4) No PCN documents were given until after the payment was made: Only after I made the £265 payment, they gave the PCN document along with the payment receipts and the document explaining how to challenge. When I collected the car, all I could see was an empty plastic PCN envelop on the car and nothing in it. It looks like they put it on the car for the sake of doing so.

I have attached the google view of the road and marked the space where the incident occurred to help you understand the road layout. I will send the other photos and documents, but I can only upload up to 4 photos it says, so I may have to send them in another way.

I hope this answers your questions. Let me know if you have any other questions.

Thanks for your assistance again.


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and a 'traffic warden' is usually based in the tow truck

OP, I suggest you compose your thoughts and approach differently.

There are 3 separate but dependent issues:
1. Was the car in contravention and could a PCN be issued;
2. Was the car removed lawfully, including in accordance with the council's published policy?
3. Procedural matters at the pound.

1. Yes and yes IMO. No point dancing around this. You were parked by a dropped footway which is a statutory prohibition if placed for the purposes specified in the Act. As there's a matching dropped footway immediately opposite IMO there's nothing to stop an adjudicator finding as a fact that its purpose is to assist pedestrians crossing the carriageway. That you claim that it was masked by water won't save you because it's not supported by the council's photos which you've posted.

2. Lawful removal? The OBCEO(onboard CEO cannot issue the PCN, their role is to determine whether a vehicle to which a PCN has been served may be removed/moved and oversee this removal in line with the council's policy*). There must be a PCN affixed to the car before removal can be considered.

3. Procedural matters at the pound.  You were not given the PCN and other docs until payment for the vehicle's release had been made. Nothing untoward in this IMO.

*- council's policy. Have you seen this? The council is empowered to remove vehicles but must determine and publish its policy before doing so and officers with the 'enforcement authority' hat must comply with this.

As you've blanked your VRM we cannot see the council's photos.

Thanks guys for your responses. I have put in the attached document all the photos shown on the council's appeal website in a chronological order. There are only 6 photos on their website and no other evidence or any other explanation had been provided about the PCN.

I have also copied the documents given at the car pound, which are: a PCN (both sides of it have been copied as you requested), a payment receipt form filled in by the car pound staff, and the appeal form given by them.

I have put my own photo showing the kerb under water where I parked and the uneven surface of the kerb behind my parked car, which had a lowered end too, bringing more confusion about where the actual dropped kerb started and finished.

I looked for the council's rule book about their car towing rules, but could not find it.

I hope these details in the attached document will be sufficient for you. These are the only photos and documents that I have been provided by the council.

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