Sheffield drivers fined £80000 for car removal

[Hambeast 10]

How do you find out what Traffic Regulation Orders are in force?

[Solitaire 10]

The council don't need to give you notice personally or give you a schedule of where they were working. That is a "nice to do" but isn't a legal requirement.

 

If the traffic regulation order is in place and the notices were put up, the tow was perfectly legal.

 

It may be that either the council (who decide on first two stages of appeals process) or the traffic penalty tribunal might have some sympathy for your case and cosnider tit a mitigation that the street you parked on was not in their owrk schedule which was issued to residents. They may not.You'll have to appeal and find out. They have a backlog of appeals stretching to over 3 months, so it will be a while before you know.

 

 

That may or not be the case: I can check that with my lawyer. However, having decided to do the 'nice to do', it then needs to be right. If they issue me with a schedule of works, then I assume they expect me to read it and act on it. Which I did.

 

Your guys got it wrong. Refund me my fees and that's the end of it. Alternatively, enter into a lengthy legal battle with me: I've got the time and I've got the stomach for a fight. If SCC's legal department is as incompetent as the rest of it, should be a cake walk!

 

S

[Hambeast 10]

That may or not be the case: I can check that with my lawyer. However, having decided to do the 'nice to do', it then needs to be right. If they issue me with a schedule of works, then I assume they expect me to read it and act on it. Which I did.

 

Your guys got it wrong. Refund me my fees and that's the end of it. Alternatively, enter into a lengthy legal battle with me: I've got the time and I've got the stomach for a fight. If SCC's legal department is as incompetent as the rest of it, should be a cake walk!

 

S

 

If a TRO exists then you would be relying on the goodwill of SCC to get any money back and I doubt that exists at that end

 

Did you check if a TRO exists? Im interested to know where such a list can be looked at, merely for my own knowledge.

[Solitaire 10]

If a TRO exists then you would be relying on the goodwill of SCC to get any money back and I doubt that exists at that end

 

Did you check if a TRO exists? Im interested to know where such a list can be looked at, merely for my own knowledge.

 

No, why should I have done? Do you check whether a TRO exists every time you take you car somewhere? I would have checked the situation for any of the roads mentioned on the schedule I was given. The road on which I parked wasn't mentioned. Neither was my cousin's street in Brid. Do I need to check for a TRO if I go visit him just in case the useless tosspots known as Amey are in the area?

 

Planner1 may be right in asserting that notification is not required (am checking that out). However notification, having been given, must then be complete and correct. It wasn't.

 

I WILL get my money back. Count on it!

 

S

[Hambeast 10]

No, why should I have done? Do you check whether a TRO exists every time you take you car somewhere?

 

S

 

Well no but that looks like it is the key factor here, if it isnt on there then you will get every penny back from the adjudicator, if it is on there then as said, you are relying on a certain amount of goodwill.

 

Nobody seems to know where this list of TRO's is kept, so they hardly make it easy to check, do they?!

[Berberis 10]

Yes, I'm pretty cross that my car was removed from a street that had no valid parking restrictions. It's a pretty normal human reaction I would have thought.

 

I don't think that walking in the park would help since I'm not overly keen on either (a) walking for no good reason or (b) parks. Any other suggestions?

 

---------- Post added 12-07-2016 at 12:26 ----------

 

 

That map may show the crack of your friggin a**e for all I know. I haven't seen it. The schedule that was delivered to my house did NOT include the road on which I parked my car.

 

The signs are NOT up a month prior. I parked on 18 June 2016: no signs. My car was towed on 5 July 2016. How does that equate to a month?

 

Let's see who wins this argument with the Council. I can tell you straight away that it will NOT be them!!

 

I'll update you; sure you're thrilled to hear that

 

As Hambeast has said, you will require goodwill to get anything back but with your attitude, I doubt you will get anyway.

[Solitaire 10]

As Hambeast has said, you will require goodwill to get anything back but with your attitude, I doubt you will get anyway.

 

 

 

Oh I will. You can count on it Honeybunch In any event, what makes Hambeast the Oracle on these matters?

[Hambeast 10]

Oh I will. You can count on it Honeybunch In any event, what makes Hambeast the Oracle on these matters?

 

Im dont proclaim to be the oracle. Assuming they dont have to give notice in a schedule of works (which they didnt), and assuming there is a TRO in place (which nobody seems to know for the road in question, maybe you need to check), any money you get back would be a goodwill gesture rather than anything they have done wrong in law.

 

Believe me I know, I once spend months battling with them over a pothole that damaged my car. A fruitless endaveour.

[Solitaire 10]

Im dont proclaim to be the oracle. Assuming they dont have to give notice in a schedule of works (which they didnt), and assuming there is a TRO in place (which nobody seems to know for the road in question, maybe you need to check), any money you get back would be a goodwill gesture rather than anything they have done wrong in law.

 

Believe me I know, I once spend months battling with them over a pothole that damaged my car. A fruitless endaveour.

 

Hey Hambeast, no it wasn't you who claimed to be the Oracle. Somebody else kindly did that on your behalf

 

I'm in fighting mode for the other people of Sheffield against the incompetence of SCC and Amey. Others may rely on their vehicles and not be in the fortunate position of having a spare £140 to retrieve them.

 

Power to the People!

[Planner1 437]

How do you find out what Traffic Regulation Orders are in force?

 

Email [email protected] and ask them.

[Berberis 10]

The Council have put in place traffic regualtion orders to cover all of the streets that Amey will work on. They last 18 months.

 

Considering this was Solitaire's response when I sent him a link to the map of works was as follows:

 

That map may show the crack of your friggin a**e for all I know. I haven't seen it. The schedule that was delivered to my house did NOT include the road on which I parked my car.

 

only to later state:

 

...They neglected to include that road in the schedule of works and so I was under no obligation to keep checking on the car.

 

I wouldn't waste your effort.

[Planner1 437]

Refund me my fees and that's the end of it. Alternatively, enter into a lengthy legal battle with me: I've got the time and I've got the stomach for a fight. If SCC's legal department is as incompetent as the rest of it, should be a cake walk!

Parking Services isue over 100,000 penalties a year and you'll understand that they get "threats" like this every day and they are invariably hollow threats. (I don't know of anyone in recent years who has actually taken them to court about a penalty)

 

Appealing a penalty charge notice (and tow away) does not involve a "lengthy legal battle". It involves a regulated appeal process. Only at the last stage do you get the opportunity of a hearing in person if you want it (you can do a telephone hearing or representations in writing if you like) and drivers do not normally take legal representation with them to such hearings, as they are very informal.

 

If you don't like the outcome of an adjudication hearing, you can ask the adjudicator to review it and after that, you might be able to go to court, but the potential legal costs if you lose are so high that most people would not go there. If you ever watched any of the "Parking Mad" programmes on TV, there was a guy who had taken a local authority to court about a penalty and lost and was faced with selling his house to pay the legal costs.

 

All the authority has to prove is that a contravention occurred. If the signs were put up (they will have photos to prove that) and the TRO is in place (it will be) and they have proof you parked there (they will have photos) then they have all the proof they need.

 

When Amey put up the notices, they video the cars on the road, so they can check any appeals that come in where drivers might have gone on holiday etc and not known that the signs were up. Your case is somewhat different, as you parked up and left it there deliberately for a couple of weeks because they told you not to park on your street. Whether that, allied with your assertion that they missed that street off the schedule of works they informed you about is a reasonable mitigation against the penalty will be a decision for the appeals team or the adjudicator.