Towed!

[Westdene Seagull]

That's not my experience of B&H Council's parking office. When a good case can be made for cancelling a parking ticket, I've always found that a polite letter (or a visit to the Parking Shop at Hove Town Hall) has always resulted in the cancellation of the ticket. Sometimes with the proviso of "On this occasion ...", but nevertheless a cancellation.

Same here, as per my earlier post. I have had a couple of tickets where it was my fault and which I have taken on the chin. I wonder if this helped my case ie they could see from my history I am not a serial abuser with heaps of tickets to my and not one of those serial parking (or anti-parking?) appealers.

My experience was exactly the opposite - uncaring, rude and bullying. The worrying thing is that they wasted so much money on fighting me and the adjudicator told them in no uncertain terms how wrong they were.

 

[Mellotron]

Cheers everyone - I think some are right in terms of it being bad timing that I decided to "chance my arm" - I'm sure they clean up round Pride time, went to the car pound, was about 15 cars in there!

 

[DanielT]

Were they being tough on parking in .surrenden road yesterday too? last few years cars parking all over the verges or worse and getting away with it

 

[Seagull on the wing]

i got a parking ticket in brighton once,i was parked in a marked bay displaying a alid disabled badge. didnt see the permit holders only sign 100 or so yards down the road. surprise surprise got a ticket. would of appealed but was going to florida the next day for two weeks so i just paid the 30 quid.

Depends how the bay was marked....if it had the wheelchair symbol inside the bay, then you can park there. If it has the word DISABLED outside the bay then it's resident only and you can be fined for parking in it.

 

[BensGrandad]

Depends how the bay was marked....if it had the wheelchair symbol inside the bay, then you can park there. If it has the word DISABLED outside the bay then it's resident only and you can be fined for parking in it.

According to West Sussex Council those bays do not carry an enforceable penalty they are usually paid for by residents and as such are reliant on good nature of people to not park on them. That is what they told us when we applied for one outside of my mothers house in Worthing. To park on a bay with a wheelchair symbol requires a blue badge, you have it the wrong way round.

 

[LadySeagull]

Not looking at a petty point of view, when ever i have parked i have always made sure that none of the car was over hanging as i was sure i would et a ticket for it, in fact its happened when after i have parked it and looked i have moved to find another space as did not want to risk the ticket.
If you're sure its just the wheels we have to make sure are not on the yellow lines then that's great it will help me for the future.

I don't think B&H Council define it, so one would need to look elsewhere for compelling information, such as the key appeal cases already posted in post #40. I know the London Councils do define it in their CEO Handbook, out of interest. Find the handbook to download here:

http://www.londoncouncils.gov.uk/policylob...ceohandbook.htm

go to near the end of the handbook (page 53 as I look at it):

'' a) Vehicle overhang
A CEO should only issue a PCN if the vehicle is parked
incorrectly to the extent that at least one wheel is wholly in
contravention, for example a wheel being wholly outside the
parking bay or wholly on a yellow line. If all of the wheels
are within the confines of the bay but the vehicle is large
and overhangs the bay to such an extent that it causes an
obstruction equal to a normally-sized vehicle with one wheel
wholly in contravention, then a PCN can also be issued. CEOs
must use their judgement on this, and record any evidence
(especially photographic) that proves the contravention.''


But the bottom line with Mellotron's case is that he must appeal all the way to adjudication even if a wheel was encroaching over the next bay. It would be madness not to appeal a Council tow IMHO because almost all of them are refunded, certainly on pepipoo towing appeals have almost 100% success. It's partly to do with the fact the Council simply can't justify it in most cases and often don't want to explain their reasons to an adjudicator when the Chief Adjudicator herself (Caroline Sheppard) says this:

“Removals should not be carried out in an ad hoc fashion. Local Authorities should consider, in consultation with the Police, devising a list showing the priority to be accorded different types of parking contravention when deciding the order in which vehicles should be removed. As with wheel clamping, it is important to ensure that vehicle removals are only undertaken where the seriousness of the contravention warrants this level of enforcement. Inappropriate use of removals may bring an Authority’s enforcement activities into disrepute”.

And here:

Parking chief warns tow-away councils over human rights - Telegraph

The word disproportionate is used a lot, in appeals against Council tows. In most cases a PCN would be enough to convey the contravention and prevent a repeat.

 

[tiberious]

Wanted to know if anyone had had any experience of this.

My BACK WHEEL was over onto a motorcycles only spot last night, just outside my house in Kemp Town (pretty much all restricted parking, I have a permit).

Have seen many cars park right across this space, as the motorcycles tend to be parked in other areas nearby. I have NEVER seen even a single motorbike parked in the area that I very slightly encroached.

Walk out my house at 10.30 this morning to find car gone, call the council to find it's been taken to the pound on Sackville Road, with a £140 "release fee". Anyone had any experience with this in terms of claims?

They probably have me bang to rights but still a bit of a kick in the teeth, especially the amount.

My only thought is that the council had put notices out suspending parking beacse of PRIDE. If ths is why they towed you and there were no signs then I would appeal.
(Sorry for spelling mistakes but have worked nights all weekend and am now drinking homebrew cider.)

 

[Mellotron]

My only thought is that the council had put notices out suspending parking beacse of PRIDE. If ths is why they towed you and there were no signs then I would appeal.
(Sorry for spelling mistakes but have worked nights all weekend and am now drinking homebrew cider.)

Even though I live in Kemp Town, PRIDE doesn't really come down my road/area. There were no signs whatsoever, I'll definitely be appealing and would hope to get the towing charge (£105) rescinded at the very least.

 

[Horton's halftime iceberg]

That's not my experience of B&H Council's parking office. When a good case can be made for cancelling a parking ticket, I've always found that a polite letter (or a visit to the Parking Shop at Hove Town Hall) has always resulted in the cancellation of the ticket. Sometimes with the proviso of "On this occasion ...", but nevertheless a cancellation.

Is Bracknell council mafia, we have two traffic wardens pratroling the estate this morning (a first), either that or someone in the parking department reads NSC

 

[LadySeagull]

Even though I live in Kemp Town, PRIDE doesn't really come down my road/area. There were no signs whatsoever, I'll definitely be appealing and would hope to get the towing charge (£105) rescinded at the very least.

It doesn't work like that. You are appealing against the whole thing and they refund the whole lot if you win your appeal. Do pop over to pepipoo as there's soooooo much that you could miss out of your appeal wording if you just go for the 'I was hardly over the line' approach.

 

[Mellotron]

It doesn't work like that. You are appealing against the whole thing and they refund the whole lot if you win your appeal. Do pop over to pepipoo as there's soooooo much that you could miss out of your appeal wording if you just go for the 'I was hardly over the line' approach.

Ah, great stuff. Will use that website and let you know how it goes, thanks very much.

 

[Herr Tubthumper]

It doesn't work like that. You are appealing against the whole thing and they refund the whole lot if you win your appeal. Do pop over to pepipoo as there's soooooo much that you could miss out of your appeal wording if you just go for the 'I was hardly over the line' approach.

This is all I did and the council displayed common sense and were totally fine with me.

 

[Herr Tubthumper]

I don't think B&H Council define it, so one would need to look elsewhere for compelling information, such as the key appeal cases already posted in post #40. I know the London Councils do define it in their CEO Handbook, out of interest. Find the handbook to download here:

http://www.londoncouncils.gov.uk/policylob...ceohandbook.htm

go to near the end of the handbook (page 53 as I look at it):

'' a) Vehicle overhang
A CEO should only issue a PCN if the vehicle is parked
incorrectly to the extent that at least one wheel is wholly in
contravention, for example a wheel being wholly outside the
parking bay or wholly on a yellow line. If all of the wheels
are within the confines of the bay but the vehicle is large
and overhangs the bay to such an extent that it causes an
obstruction equal to a normally-sized vehicle with one wheel
wholly in contravention, then a PCN can also be issued. CEOs
must use their judgement on this, and record any evidence
(especially photographic) that proves the contravention.''


But the bottom line with Mellotron's case is that he must appeal all the way to adjudication even if a wheel was encroaching over the next bay. It would be madness not to appeal a Council tow IMHO because almost all of them are refunded, certainly on pepipoo towing appeals have almost 100% success. It's partly to do with the fact the Council simply can't justify it in most cases and often don't want to explain their reasons to an adjudicator when the Chief Adjudicator herself (Caroline Sheppard) says this:

“Removals should not be carried out in an ad hoc fashion. Local Authorities should consider, in consultation with the Police, devising a list showing the priority to be accorded different types of parking contravention when deciding the order in which vehicles should be removed. As with wheel clamping, it is important to ensure that vehicle removals are only undertaken where the seriousness of the contravention warrants this level of enforcement. Inappropriate use of removals may bring an Authority’s enforcement activities into disrepute”.

And here:

Parking chief warns tow-away councils over human rights - Telegraph

The word disproportionate is used a lot, in appeals against Council tows. In most cases a PCN would be enough to convey the contravention and prevent a repeat.

I cannot be arsed to read all of this, but, if Mellotron had a wheel over the line and the council have a photo of this I'd say he is banged to rights. How do you get out of this?

 

[ditchy]

You sound like a victim of over zealous restrictions due to Pride weekend

 

[Westdene Seagull]

I cannot be arsed to read all of this, but, if Mellotron had a wheel over the line and the council have a photo of this I'd say he is banged to rights. How do you get out of this?

In summary - councils often get it wrong ( incorrect traffic orders, incorrect markings, incorrect signage ) so it's always worth appealing and getting an expert check the ticket you've been given.

 

[Herr Tubthumper]

In summary - councils often get it wrong ( incorrect traffic orders, incorrect markings, incorrect signage ) so it's always worth appealing and getting an expert check the ticket you've been given.

I disagree. If you have parked incorrectly take it on the chin. If you feel you have been the victim of an over-zealous parking inspector then by all means challenge like I did. I dislike the idea of people challenging on technicalities though. I feel people should accept responsibility for their actions and not be a weazel.

 

[Westdene Seagull]

I disagree. If you have parked incorrectly take it on the chin. If you feel you have been the victim of an over-zealous parking inspector then by all means challenge like I did. I dislike the idea of people challenging on technicalities though. I feel people should accept responsibility for their actions and not be a weazel.

So we the public should stick to the rules but it doesn't matter if the council doesn't ? If I'm going to get a ticket then I want it to clear that I was in the wrong. The ticket I got was because the signage was unclear - I won my appeal after the council attempted to bully me into backing down. The adjudicator told the council they should change the signage. That was 5 years ago and guess what ? The original signs are still there - I wonder how many other people have got tickets because of it and just paid up ?

The system is designed in the councils favour so challenging the system is always the correct thing to do. NOTE - I don't condone in anyway parking incorrectly on purpose.

 

[LadySeagull]

I disagree. If you have parked incorrectly take it on the chin. If you feel you have been the victim of an over-zealous parking inspector then by all means challenge like I did. I dislike the idea of people challenging on technicalities though. I feel people should accept responsibility for their actions and not be a weazel

Sorry I agree with Westdene Seagull.

I feel COUNCILS should accept responsibility for their actions and not be a 'weazel'...and boy do they get it wrong, lots of technicalities wrong, Traffic Orders, reply deadlines, basic stuff that they are PAID to get right.

And your appeal was nothing like this one because yours was not against a towing, yours was a simple PCN (which are also usually successfully appealed in the end).

If you had bothered to read what you'd quoted from me you would see that even the Chief Adjudicator is against over-zealous towing.

 

[Triggaaar]

Even though I live in Kemp Town, PRIDE doesn't really come down my road/area. There were no signs whatsoever, I'll definitely be appealing and would hope to get the towing charge (£105) rescinded at the very least.

As above, use 'disproportionate' in your appeal.

 

[brightonlass2009]

My mum has had a couple of dealings with the council. Although not towed she has had a couple of parking tickets even though she is a carer and therefore has a parking permit for when she is at work (these traffic wardens have conveniently 'forgotten' to check the permit in question, and have lied when giving evidence about how long she was parked in the specific spot).

You definitely should fight this. The council don't like to tell you but they do have discretionary powers to revoke any tickets, or towing fees, if they have been deemed to be given unfairly. However it is very rare that they do this because they like to screw the motorists out of money. If they don't then you should be able to go through the traffic penalty tribunal to appeal it further.