Free Traffic Legal Advice

Thank you in advance for any help – I recognise I may not have a case here, but it’s my first time having this happen (I’ve only had the car 5 months and never had a parking ticket with any of my previous cars) and if there’s a chance of getting part of this fee back I’ll give it a go! The towing also resulted in quite a long scratch along the side of my car (might buff out, but not sure). [Edited to fix formatting]


Context: 

I have a parking permit for the area and typically park on Southern Grove because my nearby street is always packed. I was parked on another part of Southern Grove earlier on Sunday 17th, took the car out very briefly and returned to Southern Grove and chose the first available parking spot along a stretch I always park on that I know is covered by my permit. I was transporting my partner who had an eye surgery several days earlier and is super light sensitive and he was doing really badly with reflections, glare, etc in the car so my goal was to get parked and him home as soon as possible. Neither of us saw any signs regarding a parking suspension. According to the PCN, my car was ticketed Monday the 18th shortly before 10am and presumably towed shortly or immediately after because the car was checked into the THC pound at 12:38pm. I was not notified the car had been impounded and because I only use the car about once a week didn’t figure out it was taken until Monday the 25th, resulting in a ridiculously high reclaim fee. It appears that during the tow/while at THC pound there was also a long, shallow scratch along the side of the car (photo attached).  


My questions at the moment:   

• When I went searching for the car Monday the 25th with the intention of using it, there were no longer any suspension signs up anywhere, assuming they had been there previously. Is the council required to provide me with evidence that there were indeed suspension signs up at the time I parked my car? 
• The car was impounded for a week and I had not been notified in any way, resulting in my panicking for 2 hours thinking my car had been stolen, going to the police station, etc. Had I been notified, I would have picked the car up immediately on Monday, avoiding £280 of impound storage fees (and 2 hours of panic). It seems super unreasonable to me that they can fine you a daily rate when you haven’t even been notified they have your car – is there any way of getting out of this? I only use my car on average once a week because I prioritise walking, cycling, or public transport wherever I can. 
• Any possibility of them being more accommodating due to the scenario with my partner’s surgery? We were arguably more distracted and prioritising getting him out of the (quite bright) sunlight that day due to the surgery recovery. 
• What about the large scratch they left on the left side of my car? Any chance of getting anything back for this? 
• On the “Statutory grounds for representation” sheet it says “The civil enforcement officer had not… fixed a penalty charge notice to the vehicle or handed such a notice to the person appearing to that officer to be in charge of the vehicle, before the vehicle was removed.” When I arrived at the pound lot and reclaimed my car there was no PCN on the car itself (no yellow sticky envelope), meaning I would have had no opportunity to fix my error before it got towed. Is this grounds for arguing against the fee? 

In summary, if they come back and say “yes there were signs, you should have looked harder” I get that, but the impound fee seems really unreasonable to me. Surely the daily fee incentivises them to not inform you and there should really be some type of protections around this/rules that they can’t start charging you for storage until they have notified you?


Items provided at time of picking up the car: 
At time of picking up today, I was supplied with a receipt of my payment and a copy of the PCN and a “Representations against removal of vehicle” sheet, attached below. 


PCN front: 




PCN back:  


Representations against removal of vehicle front:
<br>

Repr back: 
<br>

Scratch on car: 
<br>


Location:  https://maps.app.goo.gl/bByRn96FtnM6wgAm7

Signage at location on Nov 25:   



Thanks for any help and apologies for any formatting issues - first time posting here and first time using imgur.

+1 to Incandescent's advice.

Please note that some Councils take down online photos when a PCN is paid, so you may have to chase them by 'phone or e-mail. Do not let any tardiness from the Council in providing photos prevent you getting on with drafting reps.

Your reps should be in two parts: 1st against the PCN itself, and 2nd against the tow as being disproportionate (why didn't Council relocate?).

You can also add the justifiable gripe about the lack of notification (not that they will allow this) leading to disproportionate storage charges.

As advised, please post a draft here for comment, but do not miss deadlines.

+1

Photos are up.

Car clearly parked opposite Loweswater House, approx. 3 car lengths beyond a clear suspension sign on a lamp column. No other sign further on within sight. Orientation of car shows that this sign was passed. The wings of the suspension sign are clearly visible behind the car and there to be seen in daylight. Car was lifted at approx. 12.11, over 2 hours after PCN was issued.

OP, I don't think you stand any chance with these angles. Your other references to not visiting the car often and passenger's condition are only mitigation IMO.
Which IMO leaves:

What did the sign state(unreadable in full);
When erected and was it in situ when you parked;
Why was your car not moved as opposed to removed;
Was the suspension underpinned by a lawful order?

The suspension sign doesn't conform to the Authorisation drawing.
https://assets.dft.gov.uk/trafficauths/case-3525.pdf

OP, slow down pl.

As neither you, nor we nor the authority can see from the evidence what restriction was actually in place then IMO it's premature to draft reps.

In any event, let's get some hard facts pl because you have not posted the receipt from the pound therefore we don't know when the car was collected. (you've skirted around this in your narrative - not deliberately, it's just that you know and think what you've written conveys this clearly but, as tends to happen, the writer tends to confer on words a meaning which they already know and can't see matters from the perspective of those who don't!**).From this date comes the latest date for submission of in-time reps.

You might also ask the authority what the sign stated.


**- we're no different from the adjudicator in this regard. Given your circumstances i.e. didn't see sign when you parked or when you returned and are therefore wholly relying on the council's photos which, you would argue, are not clear and therefore deny you the opportunity of compiling a coherent appeal for want of knowing the detail of the contravention you're alleged to have committed, you would suggest that the adjudicator is in the same position and would ask that your appeal be allowed on this point because the evidence does not prove the contravention. If by any chance the authority were to include evidence in their submission to the adjudicator which set out the detail - because the evidence available to you online did not - then you would suggest that this was improper and should be disregarded.

But you're not there yet!

I can't read the receipt easily, you must host externally and simply link here - see READ ME FIRST on the front page of the forum.

You paid £545 to get your car released.

£65+£200+£280 equals £545.


Anyway, car removed 18 Nov. therefore(and others correct if wrong pl) storage charges commence at midnight on 19th @£40 for each whole or part day that the vehicle is impounded after midnight 19th. Therefore 20-26th were whole or part storage days = 7 days.

7*£40 = £280.

What does 'They tried to charge me £40 extra because it's based on 24 hour periods and the car was listed on trace.london as being checked in to the pound at 12:38, so I pointed out I was there before 12:30 and they didn't have me pay the extra £40 (this still seems to be listed as outstanding on trace.london though).' mean? The charges have nothing to do with TRACE notifications.

What we do know is that the 28-day period ends on 23rd Dec, so no rush.