Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Roderick Hodgson on June 21, 2024, 02:37:19 pm
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@Roderick Hodgson post up all the paperwork from the pound when you get the car back and we can start doing some initial investigations.
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Try and get photos of any signs, especially parking suspended before they disappear, in the vicinity of where Mum's car was parked. On the same side of the road.
When was Mum admitted to the hospital?
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My mother’s car has been towed away for road works in Avenue Road E7 0LA whilst she was in hospital. She was not aware of any parking changes as these occurred whilst she was in hospital.
Won't win the day as written IMO.
For example, she has a res permit; notification regarding works sent out 2 weeks prior to suspension and removal; mother in hospital for planned but short-term procedure(my cousin's just been in and out in 3 days for a replacement hip); mother knew the situation and could have made alternative arrangements either by moving the car or arranging with another person in her household.....is unlikely to persuade an adjudicator that the 'circumstances of the case' warrant cancelling the PCN and refunding fees. However other facts correctly presented could.
So OP, details pl. I've tried to scope the issue above e.g. why on hospital, her personal circumstances as the vehicle, household, parking and time in hospital, prior notification if any(planned or emergency suspension) etc.
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Have you recovered the car?
You mother should challenge and appeal this all the way to the adjudicator. Since you have had to pay the charges at the car pound, she has nothing further to lose and everything to gain.
Please post up everything that you received from the pound. Please redact your name & address and payment card details, where present . Please leave visible the PCN number, the vehicle reg, all dates, times and locations and any other Council info on all documents. All as per the instructions in the Read This First - (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/) sticky post at the top of the forum.
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One thing to verify with whoever the insurer is is that coverage for recovering from a pound is covered. This can be awkward.
If you are a named driver on the vehicles policy it should. If you are relying on DOV cover on your own policy it might not. If you buy a temporary policy it normally won't. Specialist "impound insurance" is expensive.
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Thank you for your replies. I have now a signed letter and hopefully the car will be released and then an appeal process can take place. I guess my issue is that there is no sensible process to avoid the extra work, fines and 'guilty until proven innocent' approach that I have a problem with. If I was unable to deal with this on her behalf, what would happen?
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@Roderick Hodgson where are the relevant documents? Is your mother able to sign a letter of authority authorising you to collect the car, if you can print it off and take it to hospital for her to sign?
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My mother’s car has been towed away for road works in Avenue Road E7 0LA whilst she was in hospital. She was not aware of any parking changes as these occurred whilst she was in hospital.
In order to recover the car from Newham Car Pound, there is a payment of £240 plus £40 per day onwards.
She is unable to recover the car as she in hospital. I am unable to recover the car as I don’t have the relevant documentation. The pound will only release the car if payment is made and relevant documentation provided.
Car pound will not answer the phone and Newham switchboard only have the car pound number.
Any ideas as to how to approach this would be gratefully received. Thank you.