Free Traffic Legal Advice

Hi,

I've drafted a formal representation. I thought that focusing on the time of the call would be best as that was the reason stated for the rejection of the inital appeal. Please let me know if I need to change anything!




Parking ticket number: MC28146993

Vehicle registration number: YT03 ONH

Date of Penalty Notice: 02/04/2024

I am writing to make a formal appeal with regards to the above parking ticket.

At the time of the alleged contravention my vehicle was broken down due to reasons beyond my control and could not be moved.

On my previous appeal, I submitted evidence of this by way of the RAC breakdown report when they attended (please see attached). This was rejected on the basis that the breakdown evidence was insufficient. The reason given was the following:

“The report provided states the call to RAC was made at 15:36, however, the vehicle was already parked in contravention prior to this.”

I would like to submit further evidence to be considered that includes call logs made from my mobile phone to the RAC (please see attached). The breakdown report states the time of the RAC call that successfully resulted in a patrol attending my vehicle. However as you can see, this was not my first call and many were made before the time of contravention.

The time of the alleged contravention was 08:58 on the 2nd April 2024. My first call to the RAC as shown in the call logs was 19:45 on 1st April 2024. From this time to 15:36 on the 2nd April I had made and received multiple calls from both the RAC call center number (0333 200 0999) and their local number (01922 437200).

I trust that in light of this further evidence you will agree to cancel the PCN.

I've collected my call logs from the day of breakdown and the next day the ticket was issued. These include the RAC, 3rd party tow truck and Manchester Council (after noticing the fine). I've also included a word document with a time line referencing each call with an explanation of events.

I'm going to call the RAC and third party tow to see if they can send me any more records to support this.

[ Guests cannot view attachments ]

Thanks, its good to know as I do find the whole process a bit intimidating. I've recieved the notice to owner and have attached the images. I will draft a response this weekend and will post it here before sending.

In terms of the specified grounds section, I presume I will be appealing on 'other grounds' as the other options aren't applicable to my situation. Is that correct?

Thank you for all your help so far.

[ Guests cannot view attachments ]

Thanks for the replies. Just to confirm, it's worth appealing rather than paying the discounted amount?

I'll collate the call logs now and match them with the timeline. I even have the invoice from the garage beside the road for the repair (was a week later as they were busy) but reinforces why I got the car towed there.

Hi, I'm looking to appeal a PCN I was issued yesterday and was advised to post here before starting the process. I have posted the images of the PCN as well as the RAC breakdown report I was given.

Background (sorry if this is too much information):

I broke down on the M62 on Monday night (01/04/2024). Unfortunately RAC didn't have any patrols available so after around 3 hours on the hard shoulder they organised a private tow company to take my car to a garage near where I live in Withington, Manchester. The RAC said to call them the next day and they would take a look and diagnose the issue (as they would have normally if they had patrols available when I broke down, the private tow wasn't a mechanic). As it was a bank holiday and the garage was closed, we dropped the car on a side road next to the garage at around midnight. My intention was for the RAC to finally check the vehicle and to book the necessary repair with the garage.

I called the RAC first thing the next day whilst at work, they were supposed to come at 12:15. I went to the car at lunchtime to wait for the RAC and they didn't arrive and I noticed I had a parking ticket. The parking restrictions were from 8AM-8PM Monday-Friday, I had unloaded the car at midnight and had not seen the signs in the darkness. I had to go back to work and called RAC, they put my case on hold till I finished work and put me back to the end of the queue. I called them again, to restart my case and they finally arrived around 17:30.

They checked the car and diagnosed the issue, the car had overheated due to the engine fan not being connected and not having a socket to connect it (the car is old and was refurbished by a mechanic when I bought it, clearly not very well). My engine had overheated on the motorway as I was in standstill traffic and didn't have a working engine fan (which I did not know, and haven't had this issue before as I usually drive at night). After topping up the coolant and doing some tests, I was lucky and didn't need a major repair, I was able to drive the car home. I will just need to book a re-wiring of the engine fan so it works.

I had taken the car to the garage as I thought it was the safest thing to do. In addition, my home is also on the parking scheme (I do not have a permit as they are tricky to get) and the tow truck would not have been able to get the car on the driveway. So even if I got the car towed home I would have still gotten a ticket. In hindsight, the only option that would have resulted me in not getting a ticket would have been to find a side street further out away from my home and the garage and the permit schemes and get it re-towed should it have needed repair by the garage. But I was tired and exhausted by that point and didn't even realise the garage side street was in the permit scheme as it was dark and I hadn't seen the signs.

I have linked below the RAC report with the PCN notice, it doesn't cover all that happened only when they finally arrived at 17:30 so not sure it will help my argument much. I'm going to contact RAC to see if they can write something with more information.

I'm just looking for advice if its worth appealing and if I need more information. I had got it towed to the garage which and should have been more diligent but once it was there I couldn't move the car when the permit parking came into action at 8AM. It is really tricky as all the roads in my area are permit holder only which is difficult to maneuver when your car is broken down.

PNC & breakdown report

Also posted on Pepipoo: http://forums.pepipoo.com/index.php?showtopic=153809&st=0&p=1812514&#entry1812514


Google Map View of Road

Council photos