Show Posts - kaybee5

Dear both CPA and HC Anderson. I greatly appreciate your help and drafts. I have since submitted cp's draft to the council as an appeal. However, this procedural impropriety covers the PCN but the removal charge is what I am guessing will be the hardest to challenge (PCN = £65, removal fee = £200). Could either of you please draft an appeal that covers the removal fee too?

Hi. Thank you for noticing this. How would I be able to use this in an appeal?Quote from: H C Andersen on 27 Apr, 2024 22:30They've referred to the wrong regs and IMO more importantly have referred you to the wrong regs. For example, if you go to the 2007 Regs then you would be referring to the wrong regs because they've been revoked! Instead: 2) A “procedural impropriety” means a failure by an enforcement authority to observe any requirement imposed on it by—(a)the TMA 2004,(b)the 2022 General Regulations, or(c)these [2022] Regulations,in relation to the imposition or recovery of a penalty charge or other sum.https://www.legislation.gov.uk/uksi/2022/576/regulation/2..and it's a kerb, not a curb!

Taken from Brent council policy London Borough of Brent Parking Policy 2020 :  https://www.brent.gov.uk/parking-roads-and-travel/parking/parking-policy-20203.160 " White  line  markings  are  advisory  and  are  intended  to  act  as  a  deterrent  to thoughtless parking. However, enforcement is possible in some circumstances. The London Local Authorities and Transport for London Act 2003 (section 14) allows the Council  to  issue  Penalty  Charge  Notices  to,  or  remove,  vehicles  parked  across dropped  footways.  This  includes  places  where  the  footway  is  dropped  to  allow pedestrians to cross the road more easily. 3.161In cases where a dropped footway is there to provide access to a driveway which is for  individual  residential  premises  (and  not  a  business  or  shared  with  other premises),  then  enforcement  action  can  only  be taken  when  the  occupier  of  the premises requests the local authority to do so. This means that it is not an offence for  a  residential  occupier  to  park  across  his  or  her  own  driveway.  The  Council operates  a  telephone  service between  the  hours  of  8am  and  10pm  (except Christmas Day) which allows residents to ask for the removal of a vehicle which is blocking their driveway."6.27 "The  Council  provides  a  vehicle  removal  service. In  practice,  removal  is  focused  on  more  serious offences,  such  as obstructive  parking which  affects road  safety or creates traffic  congestion. Avehicle  is  eligible for  removal  if  it  remains  in  a pay  and  display or shared use bay for more than 30 minutes after a PCN has been issued. If  a vehicle is  involved  in  persistent  contraventions,  and has  three  or  more  PCNs outstanding, the removal period may be reduced to 15 minutes. In the case of other types  of  parking  offence  (such  as  obstructive  parking  on  a  yellow  line),  the  vehicle may be removed immediately."

Thank you all for your responses. Here are the rest of the documents provided to me at the time of collection from the pound. I was unable to upload these before due to file size restrictions. These along with the others uploaded in my previous reply are everything i received. Really appreciate the responses [ Guests cannot view attachments ]

Hi. Thank you both for your responses. I have attached pics of the PCN and docs. I'd like to mention that the raised part of the curb i parked against would have been impossible to park without covering a part of either side's dropped curb. Considering my parking was 'friendly' I don't think a removal was necessary. My car is quite small and any other car would have issues parking against that curb without facing fines. in this case i think there should have been yellow lines to prevent this from happening to others but since there wasn't... Would this sort of argument hold up in court at all? [ Guests cannot view attachments ]

( BRENT COUNCIL - LOCATION O/S NO 38) Contravention code - 27. Today I had to collect my car from the pound AND pay a PCN after having parked one wheel over dropped curb. I was not obstructed access into or out of the nearby driveway and raised part of the curb was so small that it was impossible to have parked without a part of the car overhanging on either side of the curb. There was a sign saying any illegally parked car would be removed but i didn't see the illegality of my parking. I understand the parking fine of £65 but £200 for the removal of the car just seems absurd. There was no obstruction caused. I have attached pictures and would appreciate any help. [ Guests cannot view attachments ]