Free Traffic Legal Advice

Someone kindly recommended I cross-post this from PePiPoo, so apologies if it's a duplication for anyone - the thread there is http://forums.pepipoo.com/index.php?showtopic=153769

We visited family in Walthamstow last weekend (22nd-24th March) and, arriving in the dark late on Friday night, completely missed the sign about parking being suspended in a few bays on the street to allow access for a removal van the following day. When we went out the next morning our car was gone, and two others parked in the same row had PCNs and tow warning signs on them - I assume it was our bad luck that they took our car first and then came back for the others, or we might have got there in time to just have the PCN. I completely accept that I was parked in a suspended bay, but I feel the signage alerting to the suspension was inadequate given that it was a massive change from the norm for that street. Do I have grounds to contest the PCN/towing based on that? It came to a total of £265 (£65 for the PCN, £200 for the tow), so not small change!

GSV link to the spot in question:
https://maps.app.goo.gl/4w5NJBa3TNTz2pfp7

I was parked pretty much where the black car in this link is, there was another car behind me (to the right of the picture, where the white car is on street view) that was still within the bay. The suspension sign was attached to the lamppost that's behind the white car, so outside numbers 18/20.  Walking up and down the street in daylight I didn't see any other notices about the parking suspension, though I have no photographic evidence of this. 

Here are (hopefully!) photos of the sign, and the paperwork from Waltham council.










Thanks for reading, and for any advice!

Thank you, sorry, still getting to grips with image uploading.

I don't have any photo evidence as it didn't occur to me at the time, but I walked up and down the street several times in the daylight the following day and did not see a second sign outside number 32 - and I was looking by that point!  Believe me I've kicked myself repeatedly for not noticing the one behind the car (the angled photo in daylight makes it look especially bad!).  It's a poor excuse I know, but we arrived in the dark after a 3 hour drive and, having parked on the street many times before I know the permit schedule so didn't specifically look at the signs.  Not a mistake I'll ever make again, if nothing else.

Being towed and having to pay a rather large sum at the pound to get the car back is one of those situations where it is a total no-brainer to appeal the matter all the way, because you've paid all there is to pay, so you are tryng to get it all back. The tow does seem disproportionate, but I think you'll struggle with the PCN, but hey, lets see what happens at London Tribunals.  You're in good hands here BTW.

The grounds of appeal you've been given are incorrect, the 15 vs 30 minute period information was changed in May 2023 so there is only a 15 minute period now, there are also other minor issues with the grounds information.

The deadline for representations is 19 April so let's not rush but let's also make sure not to miss that. If I get the suspensions back in time I'll post them up the day I get them.

Did you look for any signs or did you just assume it would be OK to park?

Legally only the signs for the particular bay count, signs on the other side of the road or for a different bay on the same side of the road don't count, you know for next time.

Here's something you can use if we don't get the suspension logs back before the deadline:

Personally I'd wait a bit, you must not miss the deadline, but you're not in a massive rush either and you could wait till the week commencing on the 15th just in case the suspension logs come back before that.

The fact that they towed the car is not really material, once they've served the PCN they're entitled to tow the car immediately.

Wow cp8759, I had no idea you could get so much information, thank you.  I'll send the first email tomorrow.  Unless you think it would be detrimental I would like to add something about the fact that the car was taken to the pound rather than moved to an empty space; from what I've read and has been mentioned elsewhere my understanding is that councils are encouraged to act with sensible moderation in these things.  I do realise this is moving from hard and fast legalities to the much vaguer realm of morals though!

@towedaway26 I don't think it will be detrimental so you can include it if you wish to put your view across, but it won't make any difference to the outcome.