|It is the black car which was removed.|
A friend who helps his extended family approached Mr Mustard for his help and was apologetic for asking because he knows Mr Mustard has a heavy workload. The friend hadn't deal with a removals case before so wanted some reassurance. In fact removals cases aren't much different to normal PCNs except that your car has gone for a walk and you have to pay before you get it back. The procedure in these cases is much quicker as some steps get omitted.
All you have to do is to make representations within 28 days of getting your car back from the pound (& the day you do so is day 1) and then wait up to 56 days for the council to either accept or reject your representations. You must always make representations as that is the only way in which you may get your money back. If the council accept your representations they will refund you for the PCN & the £200 removal charge. If they don't, you get the chance to Appeal to the independent tribunal.
Mr Mustard will spend longing writing this blog than dealing with the PCN as it is a council blunder, one of the categories for which his help is reserved.
This is what the PCN was issued for:
You are already there aren't you? The PCN is invalid as the car wasn't more than 50cm from the edge of the carriageway, it was on top of the edge of the carriageway. This contravention describes in a measurable form the fact of double parking which authorities wished to curb (pun intended). It can only be used for a vehicle which is wholly on the carriageway not on the pavement.
If any contravention could have occurred it was that of being parked other than on the carriageway (pavement parking) but that wouldn't apply anyway as the location in question is not enforced for that reason.
Mr Mustard doesn't know what they are doing in Brent but then clearly they don't either. A hard working innocent law abiding member of the public has had the horror of thinking his car has been stolen, been issued with a clearly invalid PCN, had a senior traffic warden authorise his car for removal, had an evening wasted, had to lend Brent £265, had to pay out £10 for a taxi (& £25 later on to the hospice for Mr Mustard's assistance).
Can you see Brent Council issuing a fulsome apology, making good the out of pocket expenses and then giving him some compensation for his stress, time and trouble on top? No, nor can Mr Mustard. All he is likely to get is his money back and a short apology.
There really does need to be a fixed price compensation payment in such circumstances, of clear council wrongdoing but it seems, councils can, in the eyes of the law, do no wrong.