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Newham - Car towed away for not being fully within the lines.
Ricotta
post Sun, 16 Jun 2019 - 23:18
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Hi everyone,
Last night I drove back from the airport to the place where I live - a converted warehouse in an industrial estate that has recently had road markings added, consisting of double yellow lines and regular non-restricted parking spaces. As there was an event going on, the area was packed, and I was forced to park behind a car which had left an excessive gap between them and car in front, which resulted in roughly 1/5th of my car having to be over the double yellow lines. Those yellow lines do not serve any specific purpose, and indeed cars used to park over them all the time before they redid the road layout.
So, as the title suggests, I found out this morning that my car (which I was planning to move) had been towed away earlier. I was working today so I will head to the pound tomorrow morning and provide the PCN details; so far the Trace website lists the contravention as "Parked in a restricted street".
I expect to be given this form, and any help to draft an appeal would be appreciated.
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post Sun, 16 Jun 2019 - 23:18
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cp8759
post Fri, 13 Sep 2019 - 15:04
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Did they say whether they'd received the representations? If they accept that they received your fax and just didn't reply, they should be willing to just cough up the refund as they've obviously missed the 56 day deadline.

This post has been edited by cp8759: Fri, 13 Sep 2019 - 15:04


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Ricotta
post Fri, 13 Sep 2019 - 15:57
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QUOTE (cp8759 @ Fri, 13 Sep 2019 - 16:04) *
Did they say whether they'd received the representations? If they accept that they received your fax and just didn't reply, they should be willing to just cough up the refund as they've obviously missed the 56 day deadline.


The lady on the phone said that they have received my representations, but have not yet made a decision. She did not seem to be aware of the 56 day deadline as she told me to wait for a decision to be made. I will try to draft a letter tomorrow, if anyone wants to advise me on what to mention and what to avoid, you're more than welcome to do so.
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Neil B
post Fri, 13 Sep 2019 - 16:30
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From the Regs, S.I. 3482/2007

Duty of enforcement authority to which representations are made
12.—(1) The enforcement authority may disregard any representations under regulation 11 which are received by it after the end of the period of 28 days beginning with the date on which the person making them is informed under regulation 11(2) of his right to make representations.

(2) Subject to paragraph (1), if representations are made to it in accordance with regulation 11(4), it shall be the duty of the enforcement authority, before the end of the period of 56 days beginning with the date on which it receives the representations

(a)to consider them and any supporting evidence which the person making them provides; and
(b)to serve on that person notice of its decision


My u/l

QUOTE (Ricotta @ Fri, 13 Sep 2019 - 16:57) *
The lady on the phone said that they have received my representations, but have not yet made a decision.

That is great news. biggrin.gif


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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cp8759
post Sat, 14 Sep 2019 - 18:24
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QUOTE (Neil B @ Fri, 13 Sep 2019 - 17:30) *
My u/l

QUOTE (Ricotta @ Fri, 13 Sep 2019 - 16:57) *
The lady on the phone said that they have received my representations, but have not yet made a decision.

That is great news. biggrin.gif

It is indeed. It suggests that when they eventually get to it, they'll realise they've missed the 56 day deadline and refund the money with no fuss.

However I think it's worth pressuring the council to get a move on, as the 56 days have elapsed they are now liable to issue a refund, and they shouldn't be able to hold onto your money for months on end just because they have a backlog of work. I'm wondering whether a formal complaint is the way to go, you can't use the complaint system to challenge a PCN, but you can use it to complain that you've not received a response at all within the relevant timeframe.


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Neil B
post Sat, 14 Sep 2019 - 19:22
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My suggestion would be to write to - The Manager, Parking Enforcement (or whatever dept name they use) and
send a copy of the letter, by e-mail, to both Cllr. Zulfiqar Ali, member for highways, Zulfiqar.Ali@newham.gov.uk and
the Mayor, Rokhsana Fiaz OBE, rokhsana.fiaz@newham.gov.uk

Either one is likely to help get swifter attention to your letter.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Sat, 14 Sep 2019 - 21:45
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QUOTE (Neil B @ Fri, 13 Sep 2019 - 17:30) *
From the Regs, S.I. 3482/2007

Is -
The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
if that helps.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Ricotta
post Sun, 15 Sep 2019 - 23:57
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Thanks everyone for your help, I drafted this, tried to keep it simple:

QUOTE
To whom it may concern,
On the 16/06/2019 I was issued a Penalty Charge Notice with contravention code 01 (Parked in a restricted street during prescribed hours), my car was towed 40 minutes later, and on the following day I visited the car pond where I paid a total of £265 for my car to be released.

I sent my representations via fax on the 10/07/2019, and on the 12/09/2019 I was informed by a customer service operator that a decision had not yet been made.
According to The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007:

12.—(1) The enforcement authority may disregard any representations under regulation 11 which are received by it after the end of the period of 28 days beginning with the date on which the person making them is informed under regulation 11(2) of his right to make representations.

(2) Subject to paragraph (1), if representations are made to it in accordance with regulation 11(4), it shall be the duty of the enforcement authority, before the end of the period of 56 days beginning with the date on which it receives the representations—
(a)to consider them and any supporting evidence which the person making them provides; and
(b)to serve on that person notice of its decision as to whether or not it accepts that—
(i)a ground specified in regulation 11(5) applies; or
(ii)there are compelling reasons of the kind referred to in regulation 11(4)(b).


(3) Where an authority serves notice under paragraph (2)(b)(i) that it accepts that a ground specified in regulation 11(5) applies it shall (when serving that notice)—

(a)refund any sums that—
(i)the person to whom the vehicle was released was required to pay under section 101A(1) of the 1984 Act; or
(ii)were deducted from the proceeds of sale of the vehicle in accordance with section 101A(2) of that Act,except to the extent (if any) to which those sums were properly paid or deducted; and

(b)inform the person making representations that it has waived the right to recover any sum which might otherwise have been due to it by way of a penalty charge or on account of the removal, storage or disposal of the vehicle.


(7) Where an authority fails to comply with paragraph (2) before the end of the period of 56 days mentioned there it shall be treated as having accepted the representations and as having served notice to that effect under paragraph (2)(b) and paragraph (3) shall apply accordingly.


As the 56 day period since my representation were served to Newham ended on the 04/09/2019, I expect to be refunded the sum of £265 I paid upon the release of the vehicle.


Any suggestions?
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cp8759
post Mon, 16 Sep 2019 - 09:37
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Looks good to me.


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Ricotta
post Thu, 26 Sep 2019 - 18:22
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I have received a notice of acceptance from Newham stating that they will process my refund. icon_cheers.gif
Thank you again to everyone who's helped me!
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