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Removal of vehicle for parking without permit
Mujahid
post Mon, 26 Mar 2018 - 13:42
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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.
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post Mon, 26 Mar 2018 - 13:42
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Mujahid
post Tue, 12 Jun 2018 - 13:51
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Here it is:

http://i65.tinypic.com/oqxbtl.jpg

That's how the stamp was, there's a sort of streak along it but you can make out 17.05.18
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John U.K.
post Tue, 12 Jun 2018 - 14:05
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Mujahid
post Wed, 13 Jun 2018 - 10:55
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What improvements can I make on my appeal?
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Mujahid
post Thu, 14 Jun 2018 - 09:24
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So the appeal hearing has been confirmed for 11th July at 12.30. I need assistance in drafting the reply.
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hcandersen
post Thu, 14 Jun 2018 - 10:15
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Will you please stop rushing matters, it isn’t necessary, it clogs the thread and by doing so makes it more difficult to review.

You have a date by which your appeal needs to be submitted, and that’s in July.

I suggest you collect your thoughts first and let’s see whether all relevant matters can be brought together in a few posts to avoid having to go back to the Ark.

As an adjudicator cannot consider mitigation/the exercise of discretion, you do not need to rehearse your contextual problems - they’re set out in your reps anyway.

IMO, what you should do now is to write to the authority, refer to your case number and enclose a copy of the envelope. Advise them that you received their NOR on *** in an envelope which carried a postmark of 17 May. Tell them that in the absence of them providing justification for what is self-evidently a procedural impropriety (Regulation 3(1) of the General Regs, Service by Post, applies) you would intend to raise this issue in your appeal under those grounds.
You would anticipate submitting your appeal no later than 5 July and should be grateful if the authority would respond in a timely manner.

I prefer this approach to one of just making the point at your hearing which could leave the adjudicator wih the option to adjourn proceedings to get the authority’s reply - my suggestion brings that forward and you would present your letter and any response from the authority.
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