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#Post#: 6655--------------------------------------------------
Haringey, code 62 parked with one or more wheels on footpath,
Weir Hall Road N17
DIR By: Helpneededthis
Date: October 3, 2023, 4:39 pm
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Hi All,
New to this forum so apologies if I don't word things in the
appropriate manner. I'm fed up of the council taking advantage
of ignorance and towing cars to raise funds!
Context: My car was parked outside my property the night before
(poorly lit road with autumn leaves obscuring ). The next
morning I fell in the shower twisted my ankle so was unable to
go to work. I woke up confused to my car being towed. I had to
pay to get my car released because of the daily storage of £40
Help/Queries:
1) Did the contravention occur? The rear wheel is marginally
over the line and in the dark it wasn't apparent.
2) If the contravention occurred, is it consumerate/proportional
for the car to be towed and not solely issued a PCN?
Any help is much appreciated!
[attachment deleted by admin]
#Post#: 6657--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: fraser.mitchell
Date: October 3, 2023, 5:53 pm
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It's not whether the wheel is over the line, but how much of the
car length. Yours looks about 25% over, although there's no
photo taken from the side. However, this is over any de minimis
consideration with the rear wheels by the double-yellow lines.
So you can't really argue the PCN.
Is the tow disproportionate ? Well, you're into double-yellow
lines which mean No Waiting 24x7, so it would be difficult to
make this argument. But you've now paid all there is to pay, so
it's a no-brainer to make them do some work for their ill-gotten
gains and appeal this on disproportionate penalty. Of course the
council will refuse your representations so you'd have to go to
London Tribunals. If you lose, you've already paid anyway, if
you win, you might get the tow and storage fees back, but I
can't see an adjudicator agreeing to cancel the PCN.
Others may differ, so wait a bit, but don't miss any deadlines;
you only have so many days to submit reps to the council.
Other things that can win are fatal errors in the PCN, and also
incompetent practices in the car pound resulting in you not
getting all the documents that you should be given.
#Post#: 6680--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: Helpneededthis
Date: October 4, 2023, 7:06 am
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Hi Incandescent, many thanks for your response! I've attached a
side view and rear view, if it helps. In the rear view can it be
argued it doesn't necessarily go into the double yellow line
(clutching at straws here! haha)
[attachment deleted by admin]
#Post#: 6683--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: guest17
Date: October 4, 2023, 7:51 am
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As I posted on Pepipoo:-
We need to see the PCN and the documentation you got at the
pound.
Also a GSV of the location.
Is footway parking allowed in that street i.e. marked bays? Or,
is footway parking the norm in that street?
"Woke up to your car being towed" were you able to talk to the
tow people before your car was placed on the truck?
This is not a DYL contravention it's footway parking.
Mike
#Post#: 6687--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: fraser.mitchell
Date: October 4, 2023, 8:17 am
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Oh dear, I must have been asleep !
Yes it's a footway parking not a double-yellows PCN because your
car is outside the marked bay, so there may be hope because
councils rarely get this right. They authorise a derogation
from the London-wide ban on footway parking but very rarely
define the actual lengths of that street where they want to
allow parking. So if you can show the whole street is derogated
from the 70s legislation, you're in with a chance.
#Post#: 6694--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: Helpneededthis
Date: October 4, 2023, 9:17 am
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Hi Both,
Thanks for your responses! Sorry for the delay in my response I
don't seem to get the notifications when there's been response!
I've attached the the PCN and documentation recieved from the
pound.
The GSV is
HTML https://maps.app.goo.gl/nvaA82MEVk73NwFK6
Footway parking is allowed on that street via marked bays.
Unfortunately did not talk to the tow people before the car was
placed on the truck
[attachment deleted by admin]
#Post#: 6699--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: John U.K.
Date: October 4, 2023, 9:57 am
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--- Quote ---
> Footway parking is allowed on that street via marked bays.
--- End Quote ---
And the evidence is?
You may be relying on the signage at the location.
But what Incandescent was explaining was that often, when a
Council passes a resolution enabling footway parking, they
simply enable it in XYZ Road, without also specifying any lines
or bays or particular lengths. If a Council fails to so specify
in the resolution, then such parking is enabled the entire
length, irrespective of any lines or signs. Some of the members
here are expert in obtaining the resolution.
#Post#: 6711--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: Helpneededthis
Date: October 4, 2023, 12:31 pm
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Yeah I was solely relying on the marked bays.
Ah i see, where can I look into the details of this resolution
on Weir Hall Road? Or are there any specific members I can reach
out to assist?
#Post#: 6718--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: fraser.mitchell
Date: October 4, 2023, 3:38 pm
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Our esteemed administrator CP8759 has built up considerable
expertise in this little-known aspect of parking law specific to
London. Hopefully he will be able to assist, although he's a
very busy man !
#Post#: 6725--------------------------------------------------
Re: Haringey, code 62 parked with one or more wheels on
footpath, Weir Hall Road N17
DIR By: Helpneededthis
Date: October 4, 2023, 5:56 pm
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Thank you, I'm assuming there's no specific way to get his
attention?
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