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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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Mujahid
post Wed, 4 Jul 2018 - 21:58
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How is this:

"I write to you in relation to PCN xxxxxxx which I received on 25/03/18. I am the registered owner of vehicle xxxxxx 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 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.

Another point I wish to raise is in regards to the Notice of Rejection. The letter is dated 11th May 2018, with an envelope which carries the postmark of 17.05.18, so I subsequently received the letter a day or two after that. What is the justification for this, which is self-evidently a procedural impropriety (Regulation 3(1) of the General Regs, Service by Post, applies).

Service by post

3.—(1) Subject to paragraph (5), any notice (except a penalty charge notice served under
regulation 9) or charge certificate under these Regulations —
(a) may be served by first class (but not second class) post; and
(b) where the person on whom it is to be served is a body corporate, is duly served if it is sent
by first class post to the secretary or clerk of that body.
I would like to point out certain circulars and comments from chief adjudicator regarding this matter:
a. According to Removals from Parking Bays the London councils TEP circular dated 3rd april 2007 guidance of implementing differential parking penalties clearly states
21. “You should not tow away vehicles unless traffic is being obstructed or is likely to be obstructed. In the main, this means that vehicles in permitted parking spaces would not be towed although there will be circumstances when towing is appropriate, for example illegal parking in a disabled bay, vehicles identified as persistent evaders, abandoned vehicles or other instances of long term illegal parking.”
b The Council may be aware of the comments of the Chief Adjudicator for England and Wales, Caroline Sheppard, to the House of Commons Select Committee on Transport in her Memorandum of 30 September 2005:
"39. The powers to clamp and remove vehicles parked in contravention of a Traffic Regulation Order are draconian. The motorist, on his return, suffers immediate distress and inconvenience. Furthermore, the penalty charge, release and, if appropriate, storage fees must be paid straight away, irrespective of any ground for appeal which the appellant may wish to put forward. He is therefore immediately out of pocket and may remain so for weeks or months until the appeal is determined either by the council itself or by the adjudicator.

40. The Human Rights Act 1998 came into force subsequent to the Road Traffic Act 1991. Adjudicators are of the view that the incorporation of the European Convention on Human Rights into the national legislation places a greater duty on councils to have regard to proportionality. In particular, the decision to remove a vehicle must be taken in the context of Article One of the First Protocol of the ECHR and requires the exercise of judgment. It is for the Council to prove that the removal was proportionate and necessary. They need to be able to justify in every case why the issue of a PCN alone would not have achieved the desired objective (ie of a reasonable level of compliance with legitimate parking restrictions)."

Thank you for taking the time to read through this letter. I believe this appeal should be allowed based on procedural impropriety on the part of Newham Council. A PCN would have sufficed and I want the Adjudicator to instruct Newham Council to pay a full refund of £200 for the removal fee of my vehicle."
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Mujahid
post Tue, 10 Jul 2018 - 13:10
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I have submitted already. The hearing is tomorrow, what else can I do to prepare?
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