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Contravention 19 - wrong date on permit, a PCN was issued and car was towed by Newham council
Aiden
post Tue, 23 Apr 2019 - 09:28
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hi

I parked my car in a residential area with a visitor permit however I mistakenly put the wrong date (by one day). I didn't realise this. in the morning I found that my car was towed by Newham council. I would have thought I would receive a penalty notice however they towed the car away too (in addition to the PCN). so I had to pay £240 to get the car back. I parked the car in a normal bay and there was no obstruction to anyone. I park there on a regular basis

from looking at my PCN reciept. it looks like ticket was issued and only 11 minutes after they towed the car away which I think was harsh because I made an honest mistake with the date of the permit. I wanted to know if they have the permission or grounds to towe the car away whilst giving me so little time to react to the PCN

I would appreciate anyones help or views on this as I plan to appeal.

I have attached the PCN to this post
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post Tue, 23 Apr 2019 - 09:28
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stamfordman
post Tue, 23 Apr 2019 - 09:45
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This belongs in the council section - I have asked for a move.

Put all docs and pics on https://imgbb.com or such like.
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Mad Mick V
post Tue, 23 Apr 2019 - 10:32
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This one will help:-
Newham removal not justified if a lower penalty is given

2180122884

The Appellant accepts that he made a mistake in failing to complete the residents permit as he was new to the area and new to the system. However he objects to the fact that his car was removed which penalty he cannot afford and which he consider to be excessive in the circumstances.

Bearing in mind that this PCN has been issued for a code 19 contravention which is recognised to be a less serious contravention attracting a lower penalty, I fail to see the traffic management purpose in removing the vehicle in these circumstances and in the absence of any aggravating features.

I find the removal of the vehicle to be contradictory to the purpose of providing a lower differential penalty, and excessive and unnecessary in this context.

I therefore allow this appeal in relation to the removal charges.

Mick

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Incandescent
post Tue, 23 Apr 2019 - 10:35
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It is now a no-brainer to take them all the way to London Tribunals as you've already paid all there is to pay and it will cost nothing extra. Basically your appeal will need to centre on the disproportionate penalty of towing. A simple error like this should not lead to a £265 penalty. However, first you must appeal to Newham, and only when they have rejected your reps can you register an appeal at London Tribunals.
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stamfordman
post Tue, 23 Apr 2019 - 11:01
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This Newham's removal policy. Yours is a 4, the least serious and there's no way they should be towing for this.

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
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Aiden
post Tue, 23 Apr 2019 - 11:27
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thanks for your input guys. I have a much better idea of the points to raise in my appeal.
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Incandescent
post Tue, 23 Apr 2019 - 13:41
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Newham are well known on this forum for being probably the most venal and rapacious of all the London councils, towing for the most trivial things, so much so that one has to ask whether there is some fiddle going on. They will never release their tow company contract, but if it is on the basis of paid per tow and nothing else then it is obvious.
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cp8759
post Wed, 24 Apr 2019 - 19:10
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QUOTE (Aiden @ Tue, 23 Apr 2019 - 12:27) *
thanks for your input guys. I have a much better idea of the points to raise in my appeal.

Post a draft on here before sending it to the council.


--------------------
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.
No, I am not a lawyer.
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Aiden
post Sat, 25 May 2019 - 14:43
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hi guys

I appealed using all the information you guys gave me but it's been over 35 days and I haven't heard back from them, Newham have no dedictaded hotline or number to ring go chase up appeals, any suggestions on how I can chase this up?
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Neil B
post Sat, 25 May 2019 - 14:53
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QUOTE (Aiden @ Tue, 23 Apr 2019 - 10:28) *
from looking at my PCN reciept. it looks like ticket was issued and only 11 minutes after they towed the car away

Let's see some evidence of this.

And docs generally.


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

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Aiden
post Sat, 25 May 2019 - 14:57
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Hi Neil happy to provide a pic of the PCN but as I've already applied not sure if it will be of any use, main concern is they haven't responded to my appeal yet and there's literally no way of chasing this up.
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Neil B
post Sat, 25 May 2019 - 15:10
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Newham have 56 days to respond, beginning with the date your representations were served on them.

But you've fired off reps hastily, inside 24 hours it seems, without letting us properly look at your case.

You ignored the first response here and the important post #8.


We need ALL docs and pics.

QUOTE (Aiden @ Sat, 25 May 2019 - 15:57) *
happy to provide a pic of the PCN

Yes but I asked about something very specific you said.


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

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Aiden
post Sat, 25 May 2019 - 15:41
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Attached Image


I've added a pic of the PCN , not sure there's any other documentation I have to share, must admit I did apply about a week after I got my car back but I know I covered the points mentioned by the guys who posted on this thread earlier using a previous example too. then again I'd appreciate any further advice you can give
Attached thumbnail(s)
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Neil B
post Sat, 25 May 2019 - 16:22
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QUOTE (Aiden @ Sat, 25 May 2019 - 16:41) *
not sure there's any other documentation I have to share,

ALL ?
I'm not being funny.
This is our standard request in all removal cases.
It was asked in the very first response here, by Stamfordman.

I see your 11 minutes now and no; a PCN isn't served after removal. But remaining docs would
reveal if there was anything untoward about removal.

and now I see you've obscured the all important location?


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

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hcandersen
post Sat, 25 May 2019 - 16:23
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OP,
I mistakenly put the wrong date (by one day)

The day before or after? (I know what it should be, but prefer you to say)

And we don't know the road therefore cannot look at the traffic signs.

This post has been edited by hcandersen: Sat, 25 May 2019 - 16:23
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Neil B
post Sat, 25 May 2019 - 18:52
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To clear something up.
QUOTE (Aiden @ Sat, 25 May 2019 - 15:57) *
as I've already applied not sure if it will be of any use,

We obviously don't expect you to be surrendering, having already paid, when you get the
(almost) inevitable rejection.
Anything we can garner to enhance your case meanwhile is of use.


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

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