PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Removal of vehicle for parking without permit
Mujahid
post Mon, 26 Mar 2018 - 13:42
Post #1


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



Hi all, yesterday my car was removed from the road and put in a car pound by Newham Council for parking in a controlled parking zone without a permit. The restrictions on this road are Mon-Sun 8am-6.30pm. The PCN was received at 9.15am and the car was removed at 9.46am 30 mins later.

As a result, I had to pay £265 to release the vehicle. They gave me an appeal form if I want to appeal within 28 days. Was it lawful for them to remove my car, given the fact that the car was not parked dangerously or obstructing, was insured and taxed?

Is there a case for me to take this further? I shall of course upload the PCN and other documents as soon as possible. They didn't give me any images and I'll have to check online if I could get any.
Go to the top of the page
 
+Quote Post
4 Pages V  < 1 2 3 4 >  
Start new topic
Replies (40 - 59)
Advertisement
post Mon, 26 Mar 2018 - 13:42
Post #


Advertise here!









Go to the top of the page
 
Quote Post
cp8759
post Tue, 10 Apr 2018 - 10:31
Post #41


Member


Group: Members
Posts: 2,876
Joined: 3 Dec 2010
Member No.: 42,618



That seems fine but I would just change it to say "I am making a representation against the removal of my vehicle after PCN xxxxxxx was issued", you want to make it clear you are challenging the removal but not the PCN.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
Go to the top of the page
 
+Quote Post
Mujahid
post Sat, 14 Apr 2018 - 14:17
Post #42


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



I've received the images from Newham. The pictures indicate that the vehicle was removed at 10.46, not 09.46. Taking this into account, does that change the direction of the outcome of this appeal? It was removed 1 and a half hours after PCN issued.
Go to the top of the page
 
+Quote Post
stamfordman
post Sat, 14 Apr 2018 - 15:04
Post #43


Member


Group: Members
Posts: 6,376
Joined: 12 Feb 2013
From: London
Member No.: 59,924



QUOTE (Mujahid @ Sat, 14 Apr 2018 - 15:17) *
I've received the images from Newham. The pictures indicate that the vehicle was removed at 10.46, not 09.46. Taking this into account, does that change the direction of the outcome of this appeal? It was removed 1 and a half hours after PCN issued.



No. The key is that the removal was not justified for the contravention.
Go to the top of the page
 
+Quote Post
Mujahid
post Thu, 10 May 2018 - 14:13
Post #44


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



Sent the appeal on 10/04/18, still waiting for outcome. When do they have to send an outcome by?
Go to the top of the page
 
+Quote Post
Incandescent
post Thu, 10 May 2018 - 18:48
Post #45


Member


Group: Members
Posts: 11,820
Joined: 22 Apr 2012
Member No.: 54,455



QUOTE (Mujahid @ Thu, 10 May 2018 - 15:13) *
Sent the appeal on 10/04/18, still waiting for outcome. When do they have to send an outcome by?

Early days get, I'm afraid. Councils can be really dozy with these things, especially as they already have your money. You might try phoning to make sure they have received it.
Go to the top of the page
 
+Quote Post
Mujahid
post Mon, 21 May 2018 - 09:47
Post #46


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



I've got the rejection letter from Newham as expected.

http://tinypic.com/r/fwu6nt/9

http://tinypic.com/r/mcbrxh/9

http://tinypic.com/r/1el9om/9

http://tinypic.com/r/2guxxkz/9

They made a mistake in the letter with the restriction times. It's actually Mon - Sun 8-6.30. Newham Council haven't really answered the questions I asked them. They removed it because it was there without a permit and they are eligible to remove if after 30 minutes.

They are not consistent with their removals. The other day I saw a long wheel base van with a ticket that was parked there the whole day and it wasn't removed. Arguably, this van is taking up more parking space. I've got a picture of it.

What else can I add in my online appeal?

This post has been edited by Mujahid: Mon, 21 May 2018 - 10:42
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Mon, 21 May 2018 - 10:46
Post #47


Member


Group: Members
Posts: 12,596
Joined: 6 Nov 2014
Member No.: 74,048



The rejection gives the impression that the tow truck was roaming about looking for cars to tow not that it had been reported as authorised for removal and took its place in the list of priorities
Go to the top of the page
 
+Quote Post
stamfordman
post Mon, 21 May 2018 - 10:48
Post #48


Member


Group: Members
Posts: 6,376
Joined: 12 Feb 2013
From: London
Member No.: 59,924



Go to the top of the page
 
+Quote Post
Mujahid
post Mon, 21 May 2018 - 13:43
Post #49


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



What to do now?
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Mon, 21 May 2018 - 14:22
Post #50


Member


Group: Members
Posts: 12,596
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (Mujahid @ Mon, 21 May 2018 - 14:43) *
What to do now?


We help you draft an appeal to the adjudicator
Go to the top of the page
 
+Quote Post
Mujahid
post Mon, 21 May 2018 - 16:00
Post #51


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



I know that but what points can I use? Is there a template?
Go to the top of the page
 
+Quote Post
Mujahid
post Wed, 23 May 2018 - 18:17
Post #52


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



What ground of appeal should I choose? There has been a procedural impropriety on the part of the Enforcement Authority?
Go to the top of the page
 
+Quote Post
Mujahid
post Tue, 12 Jun 2018 - 12:14
Post #53


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



Here is my draft appeal, it's not the best but I'm writing it from myself:

"I write to you in relation to PCN xxxxxxx which I received on 25/03/18. I am the registered owner of vehicle xxxxxxx and wish to make representations against the removal of my vehicle by the Local Authority Newham Council. I will give you a summary of the case below for your careful consideration.
I had just moved into the area the week before so was still getting to grips with the area. It was a stressful week moving in as a lot of things needed to be setup, not to mention moving all our stuff from the old address to the new one. As a result, I had woken up late on the Sunday and found that my vehicle had been removed. I thought it had been stolen but called the Police and they informed me that it had been taken to the Nehwam car-pound. I paid a fee of £265 for the PCN and removal fee to release my car from the pound. I wish to seek a refund for the removal fee of £200 because of the following reason.
I believe that the removal of my vehicle was grossly disproportionate and a PCN would have sufficed. My vehicle was not parked dangerously and was not causing obstruction. It was parked within the confines of the bay, albeit without a valid parking permit. The road was not crowded and there were plenty of vacant bays for other permit holders to park. I asked Newham Council to justify their decision to remove my vehicle. I asked why it was removed. I asked whether it was under Priority 3 or Priority 4 in relation to their own policy which I quote below:

Removal Policy
Priority One:
i) Parked in contravention in a position/location which is prohibited and is causing danger,
& serious health and safety implications for other road users or pedestrians.
ii) Illegally parked in a formal disabled bay (30 minutes waiting time or 15 minutes if
persistent evader *)
Priority Two:
i) Persistent evader (parked in prohibited place)
ii) Parked in an operational Bus Lane or at a Bus Stop
iii) Vehicle with foreign registration plate (parked in prohibited place)
iv) Parked obstructing a dropped footway (on a resident’s request)
v) Parked on a footway (parked in a prohibited place)
vi) Parked on school Keep Clear Markings*
vii) Parked in a Doctors Bay
Priority Three:
i) Parked committing a serious parking contravention (please refer to Appendix B above)
Priority Four:
i) All other contraventions
*NB a persistent evader, as determined by London Councils is a person who has 3 or more
outstanding penalty charge notices which have all progressed beyond the stage where the
customer has the legal right to appeal to the ETA

The Authority did not clearly state to me under which priority the removal fell. If it is the case that the vehicle was removed under Priority 3, does the authority remove every vehicle issued with a 'serious parking penalty charge'? If that is the case, why was the long-wheel base van (pictured in my evidence pack) not removed for parking in the exact space my car was parked for OVER A DAY? If it’s not the case that all contravening vehicles under Priority 3 and are removed, what were the stand-out features in my case? The Authority have provided me with satisfactory answers to my questions. I re-iterate the fact that the vehicle was not causing an obstruction, nor was the road full of cars.
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Tue, 12 Jun 2018 - 12:21
Post #54


Member


Group: Members
Posts: 12,596
Joined: 6 Nov 2014
Member No.: 74,048



do not delay register your appeal now as soon as you read this. In the box for evidence just write full submission to follow You are technically one day out of time
Go to the top of the page
 
+Quote Post
hcandersen
post Tue, 12 Jun 2018 - 12:54
Post #55


Member


Group: Members
Posts: 21,531
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



+1.

OP, do not debate or discuss, just register your appeal. This is not the same as submittng it in full ( which is what your last post attempted to do) but is as per PMB’s post.

TODAY, online. The NOR would contain the webcode which you’ll need.

Procedural impropriety;
Penalty exceed the amount applicable.....

Personal hearing.


Everything can be changed later.
Go to the top of the page
 
+Quote Post
Mujahid
post Tue, 12 Jun 2018 - 13:13
Post #56


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



Registered and got a case reference, do I upload evidence now? The envelope has the stamp for 17.05.18 though, so I always thought the deadline is 14th June?

This post has been edited by Mujahid: Tue, 12 Jun 2018 - 13:16
Go to the top of the page
 
+Quote Post
John U.K.
post Tue, 12 Jun 2018 - 13:21
Post #57


Member


Group: Members
Posts: 3,070
Joined: 9 May 2014
Member No.: 70,515



QUOTE
Registered and got a case reference,


And a date for the hearing?

Have you had letter/email from tribunal?
Go to the top of the page
 
+Quote Post
Mujahid
post Tue, 12 Jun 2018 - 13:31
Post #58


Member


Group: Members
Posts: 126
Joined: 15 Feb 2016
Member No.: 82,392



QUOTE (John U.K. @ Tue, 12 Jun 2018 - 14:21) *
QUOTE
Registered and got a case reference,


And a date for the hearing?

Have you had letter/email from tribunal?


Got an email from tribunal with the case reference, I requested a hearing for 11th July. Have had no further emails yet.
Go to the top of the page
 
+Quote Post
TigerRob
post Tue, 12 Jun 2018 - 13:34
Post #59


Member


Group: Members
Posts: 101
Joined: 6 Mar 2014
Member No.: 69,269



QUOTE (Mujahid @ Tue, 12 Jun 2018 - 14:13) *
The envelope has the stamp for 17.05.18 though, so I always thought the deadline is 14th June?


Can you confirm that you're saying that the envelope that the NoR came in had a date 6 days after the date on the NoR letter itself? (11th May vs. 17th May)
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Tue, 12 Jun 2018 - 13:35
Post #60


Member


Group: Members
Posts: 12,596
Joined: 6 Nov 2014
Member No.: 74,048



Have you still got that envelope? scan and post it you can.

We have a bit of time now to get your appeal together. Keep us on our toes by bumping if you hear nothing Normally have to submit 5 days before, You will be told
Go to the top of the page
 
+Quote Post

4 Pages V  < 1 2 3 4 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Tuesday, 19th June 2018 - 15:44
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.