PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

PCN Code 12 and Tow - Newham Council, Please can you help with my representation
Futchoi
post Mon, 9 Mar 2020 - 20:42
Post #1


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



Hi All,

I hope someone can help me with my representation to Newham Council and apologies for the long message but I wanted to make sure you had all the details.

I parked my car nearby a friend's flat at 8.05am on Sun 8th Mar. There were various signs indicating permits were required. My friend passed me a permit for UKPC which I completed and parked my car while my friend went to get his car. With hindsight I should have been more careful but in essence there was parking for UKPC permit holders and then there were also spaces for Newham Council permit holders. There were quite a few signs and the UKPC signs were much more visible.

Upon returning to where I had parked, my car was no longer there and panic set in. Had my car been stolen was the initial thought? Luckily I have a car locator and when I located the car it suddenly hit me that I had been towed away. I then started looking at the signs and realised I made a big mistake and parked in a council permit spot instead of a UKPC spot. It was a genuine mistake on my behalf and I would never have expected the car to be towed even if the incorrect/no permit was displayed. The street is quiet and does not lead to anywhere apart from the wider development and I was in a parking area and not blocking anything. Do I have any grounds to appeal against the towing? I can understand I would have received a PCN given I did make a mistake although the sign where I parked was partially blocked by some over growing plants.

The exact location is below and I was parked in the empty spot behind the Nissan Note,
https://www.google.com/maps/@51.5012431,0.0...6384!8i8192

From the PCN it can been seen that observation start time was 8.09am and I was given a PCN at 08.19. I am awaiting confirmation from the council as to when the car was lifted but when picking up my car from the impound I was told it was around 8.50 although the person dealing with my payment did not give me anything indicating this and asked I contact the council for this as well as photo evidence.

The PCN was for £65 and the towing £200 so in total to release the car it was £265 which I had to be paid in total. I was not able to pay the £200 and appeal against the £65 PCN.

After collecting the car I was still in abit of shock. Anyhow I needed some petrol so stopped off at the petrol station and noticed there was a small scratch on the driver side of my car. It was noticeable because there was a small clean patch on the door about the size of a fist on an otherwise slightly dirty car so highlighted the scratch more (the scratch is only about 1.5cm and probably can be t cut out but was just annoying after having to pay £265 to release the car). Should I mentioned this on the representation?

I have added the documents I received when I picked up the car and also some photos which hopefully explains things better.

Please let me know if anyone is able to help or what else I would need to provide.

Thanks in advance, any help will be greatly appreciated.

https://imagizer.imageshack.com/img922/425/jWfcfx.jpg
https://imagizer.imageshack.com/img923/5730/vapPeM.jpg
https://imagizer.imageshack.com/img922/5751/kFDPHW.jpg
https://imagizer.imageshack.com/img922/4508/BXXWKo.jpg
https://imagizer.imageshack.com/img924/7181/jh4c1r.jpg
https://imagizer.imageshack.com/img923/1677/vP1cIp.jpg
https://imagizer.imageshack.com/img922/2694/m8imSB.jpg
https://imagizer.imageshack.com/img922/9065/0CWUFL.jpg
https://imagizer.imageshack.com/img924/5416/sVHhjS.jpg
https://imagizer.imageshack.com/img924/8642/XqpHvj.jpg
https://imagizer.imageshack.com/img924/7844/TIeu0f.jpg
https://imagizer.imageshack.com/img923/627/VLzzV7.jpg
https://imagizer.imageshack.com/img924/6287/94fIBY.jpg

My draft letter after reading some of the forums is below,

Dear Sir/Madam,

I received a PCN on 8th March 2020 at 08.19 for not displaying a valid permit and my vehicle was subsequently towed away but I believe there are mitigating circumstances to explain why I had parked where I did and I would like to submit an appeal for the following reasons:

There was insufficient signage to issue the initial parking ticket

There were various signs where I had parked and I found this to be confusing. There were numerous signs relating to UKPC parking and then there was parking for a resident’s zone. My vehicle had a permit displayed for UKPC visitor’s parking (refer to photos as attached) however I had mistakenly parked in a resident’s zone. I was not familiar with the area where I had parked and was visiting. In addition, the sign for the resident’s parking was obscured by some overhanging tree branches (attached as photo)

The penalty charge paid to secure the release of my vehicle exceeded the amount applicable in the circumstances of the case

It is to make a representation of the heavy fine levied on me on account of the violation of the parking fine which I by mistake committed. The vehicle was parked in a resident’s bay and was not restricting/blocking any traffic (vehicle parked in space where ‘Datum’ vehicle is in attached photo) and for this I believe the towing of my vehicle was excessive in this case and cannot be justified by the enforcement authority. I am informed the road does not have a lot of through traffic and is not a major connecting road but only serves the residential development. I would add that the Chief Adjudicator Caroline Sheppard's comments: “Removal action would be appropriate in cases where parked vehicles are causing an obstruction or a hazard to other road users, where they are obstructing a restricted stopping or waiting place such as a bus stop, cab rank or loading bay, or where the Local Authority has suspended the operation of a designated parking bay. Removal action from designated parking places would also be appropriate in some cases – for example, where a vehicle is parked across more than one meter bay or if parked in a loading, doctor’s or residents’ bay without authorisation. Vehicle removal would also be appropriate where a vehicle has been clamped for some time (for example, 24 or 48 hours) without any action being taken by its owner to pay for its release”.
“Removals should not be carried out in an ad hoc fashion. Local Authorities should consider, in consultation with the Police, devising a list showing the priority to be accorded different types of parking contravention when deciding the order in which vehicles should be removed. As with wheel clamping, it is important to ensure that vehicle removals are only undertaken where the seriousness of the contravention warrants this level of enforcement. Inappropriate use of removals may bring an Authority’s enforcement activities into disrepute”.

I also bring to the council's attention the matter of procedural impropriety. The council has incorrectly applied those charges specified under section 101A of the Road Traffic Regulation Act 1984 in regard to the collection of my vehicle when the correct charges to apply are those under section 102(2A). Paragraph 1(1)(b) within Schedule 9 of the Traffic Management Act 2004 confirms this assertion. The charges under s.101A apply only when the vehicle being recovered is one that was considered to have the appearance of being abandoned and its disposal is pending. Clear evidence of this is found under regulation 18 of The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008.Therefore, the council had no lawful right to insist the penalty charge be paid when I collected my vehicle nor did the council have any right to retain my vehicle until I also paid the removal charges. A council operating under civil enforcement powers is not given the same power to retain that is given to a council operating under criminalised enforcement powers. This is made quite clear under s.102 RTRA 1984. The power to retain until all charges are paid is purposely withheld, not only so that those rights that follow the service of a regulation 9 PCN can be fully exercised, but also because the right to retain is inappropriate for a civil matter. The council also had no right to administer the appeal process regulated under Part 4 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Part 4 is made pursuant to s.101B RTRA 1984 and yet where enforcement under the TMA 2004 occurs and a penalty charge is imposed then any appeal must be pursuant to and in accordance with section 80 TMA 2004. As my vehicle was not immobilised the council should have administered the appeal process under Part 2 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 as these are the regulations that satisfy s.80(1)(a) TMA 2004. It is no coincidence that had the council correctly applied those charges under s.102(2A) RTRA 1984 then access to the Part 2 appeal process would not have been obstructed.

Before my vehicle was removed the council served a regulation 9 PCN. The council has not only denied me the opportunity to pay the PCN at a time of my choosing within the statutory 28 day period but they have also denied me the opportunity to make an informal challenge and the right to receive and respond to an NtO. The PCN and statute clearly bestow these rights upon me and it is no coincidence that had s.102(2A) been correctly applied then none of these rights would have been interfered with. If the council are advocating that these rights are not applicable then in essence the council is suggesting the PCN is a notice filled with lies. If the PCN has no validity then it is a nullity and thus there can be no penalty charge and no lawful CEO removal.

In my case I view the removal without justification as a procedural impropriety on the part of the enforcement authority. In the event that the enforcement authority sees fit to reject these representations I will expect them to provide a full explanation of why the removal of my vehicle was proportionate and necessary and to fully justify the need for removal with evidence in their notice of rejection. I believe it was wrong to tow away my vehicle meaning the fine of £265 I have already paid should be refunded in full.

Lastly, I would like to bring to the council’s attention that upon returning home after releasing my vehicle from the impound I have noticed a scratch on my offside lower door which was not present prior to the towing of my vehicle. Please see photos of the damaged caused which I can only presume was caused during the towing of my vehicle. I would like to understand how I can make a claim to Newham council with respect to this damage.

Regards
Go to the top of the page
 
+Quote Post
5 Pages V   1 2 3 > »   
Start new topic
Replies (1 - 19)
Advertisement
post Mon, 9 Mar 2020 - 20:42
Post #


Advertise here!









Go to the top of the page
 
Quote Post
PASTMYBEST
post Mon, 9 Mar 2020 - 20:57
Post #2


Member


Group: Members
Posts: 20,687
Joined: 6 Nov 2014
Member No.: 74,048



We need to see the council photos they may be online or they may need to ask for them. There should be two lots. When the PCN was issued and when the removal occurred. Newham are quick on the draw with removals and I would like to question whether they have waited the require 30 mins or not


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
Futchoi
post Mon, 9 Mar 2020 - 22:09
Post #3


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



QUOTE (PASTMYBEST @ Mon, 9 Mar 2020 - 20:57) *
We need to see the council photos they may be online or they may need to ask for them. There should be two lots. When the PCN was issued and when the removal occurred. Newham are quick on the draw with removals and I would like to question whether they have waited the require 30 mins or not


Thanks Pastmybest I will post the photos once received from Newham council as they are not online.

As far as I am aware but again I will wait for Newham to confirm, the PCN was issued at 8.19 (this is confirmed on the PCN) and the car lifted at 8.50ish (await confirmation) so it would have been just after 30 mins. As you mentioned it seems Newham dont waste anytime in removing a vehicle angry.gif
Go to the top of the page
 
+Quote Post
Futchoi
post Thu, 12 Mar 2020 - 10:02
Post #4


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



Hi all,

Below are the photos the council took for the issuance of the PCN. As mentioned the PCN was issued at 8.19 after observance began at 8.09

https://imagizer.imageshack.com/img924/7121/d9EHGH.jpg
https://imagizer.imageshack.com/img922/298/CWzINV.jpg
https://imagizer.imageshack.com/img921/8274/vcHsLl.jpg
https://imagizer.imageshack.com/img921/4890/osTyFb.jpg
https://imagizer.imageshack.com/img923/1007/sZEr4Z.jpg

I am still chasing for the photos for the tow and when this occurred.

Really appreciated if anyone can help
Go to the top of the page
 
+Quote Post
hcandersen
post Thu, 12 Mar 2020 - 12:23
Post #5


Member


Group: Members
Posts: 26,900
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



You parked in a parking place clearly marked.

Your obligation was to look for the sign regulating the bay.

You first posted a dated GSV to support your claim that the sign was obscured. However, the CEO's photos show it was not obscured, in fact it is absolutely clear.

So, you did not look for the sign - let's get it up front!

And you didn't look because you thought this area was not a public road but subject to private controls which required the display of a UKPC permit, which you displayed. Correct?

As you say, your error.

The CEO actually erred on the side of caution because although you declared in your UKPC permit that you parked at 0805 - after the restriction came into effect and therefore you were not entitled to the 10-minute 'grace' period - the CEO applied the period.

So you're looking for technical arguments, if any exist.

1. Perhaps the vehicle was removed too soon - 8.50 was the earliest. You say you've asked the council for this info.
2. Perhaps it could be considered disproportionate? Your arguments about obstruction etc. are not relevant, one would hope that no vehicle in a designated parking place would, when parked correctly, be causing an obstruction. So forget this line. Your quote from Caroline Shepard is self-defeating because in your extract you have quoted:

Removal action from designated parking places would also be appropriate in some cases – for example, where a vehicle is parked across more than one meter bay or if parked in a loading, doctor’s or residents’ bay without authorisation

But you were in a 'resident's bay without authorisation'. Permit holders pay the council to protect their interests, which include removing unauthorised vehicles. It's little consolation to a permit holder who cannot find a space - and we've had a few threads recently bemoaning this issue - to know that the person who made them park X streets away has been issued with a PCN.

So, what's left?

The authority are required to charge you the discount as a component of 'relevant charges' on recovery of your vehicle. You've picked up your argument from somewhere but without knowing whether it has ever been upheld at adjudication. I'm not aware it has. As regards not being allowed to make an 'informal' challenge, in the wider scope of the procedures this is not relevant. In fact it works to your advantage. A PCN is NOT a demand for payment, it is notice that a contravention has occurred and that unless the penalty is paid then the OWNER would receive a demand for the penalty at its full rate. So, by virtue of being the owner, or authorised by the owner, you were able to recover your vehicle and to make reps ONLY with the discount in play. I really don't know what the fuss is about on this point.

Until you find out more about the removal, I cannot see much hope.

But if you submit what you've written you might elicit an improper response which you could then take to adjudication.

Go to the top of the page
 
+Quote Post
John U.K.
post Thu, 12 Mar 2020 - 13:31
Post #6


Member


Group: Members
Posts: 3,572
Joined: 9 May 2014
Member No.: 70,515



Can you show us a clear photo of this document you received at the pound, please?

https://imagizer.imageshack.com/img922/5751/kFDPHW.jpg
Go to the top of the page
 
+Quote Post
Futchoi
post Thu, 12 Mar 2020 - 14:28
Post #7


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



QUOTE (hcandersen @ Thu, 12 Mar 2020 - 12:23) *
You parked in a parking place clearly marked.

Your obligation was to look for the sign regulating the bay.

You first posted a dated GSV to support your claim that the sign was obscured. However, the CEO's photos show it was not obscured, in fact it is absolutely clear.

So, you did not look for the sign - let's get it up front!

And you didn't look because you thought this area was not a public road but subject to private controls which required the display of a UKPC permit, which you displayed. Correct?

As you say, your error.

The CEO actually erred on the side of caution because although you declared in your UKPC permit that you parked at 0805 - after the restriction came into effect and therefore you were not entitled to the 10-minute 'grace' period - the CEO applied the period.

So you're looking for technical arguments, if any exist.

1. Perhaps the vehicle was removed too soon - 8.50 was the earliest. You say you've asked the council for this info.
2. Perhaps it could be considered disproportionate? Your arguments about obstruction etc. are not relevant, one would hope that no vehicle in a designated parking place would, when parked correctly, be causing an obstruction. So forget this line. Your quote from Caroline Shepard is self-defeating because in your extract you have quoted:

Removal action from designated parking places would also be appropriate in some cases – for example, where a vehicle is parked across more than one meter bay or if parked in a loading, doctor’s or residents’ bay without authorisation

But you were in a 'resident's bay without authorisation'. Permit holders pay the council to protect their interests, which include removing unauthorised vehicles. It's little consolation to a permit holder who cannot find a space - and we've had a few threads recently bemoaning this issue - to know that the person who made them park X streets away has been issued with a PCN.

So, what's left?

The authority are required to charge you the discount as a component of 'relevant charges' on recovery of your vehicle. You've picked up your argument from somewhere but without knowing whether it has ever been upheld at adjudication. I'm not aware it has. As regards not being allowed to make an 'informal' challenge, in the wider scope of the procedures this is not relevant. In fact it works to your advantage. A PCN is NOT a demand for payment, it is notice that a contravention has occurred and that unless the penalty is paid then the OWNER would receive a demand for the penalty at its full rate. So, by virtue of being the owner, or authorised by the owner, you were able to recover your vehicle and to make reps ONLY with the discount in play. I really don't know what the fuss is about on this point.

Until you find out more about the removal, I cannot see much hope.

But if you submit what you've written you might elicit an improper response which you could then take to adjudication.


Hi HC

Thanks for your detailed response.

In regards to the sign yes that is correct I made a mistake and thought the parking spot was a UKPC spot thus not checking properly. From where I was parked the sign is obscured but obviously not so when in front of it.

I'll wait for more details on the removal and post once I have them but assuming it was 0850, i.e. the earliest time possible, would it mean there is no point appealing given it was my error or as you say submit as is and maybe I elicit and improper response to take to adjudication or appeal after amending my points?

My initial attempt has been from reading this forums or other posts so it might not flow or make much sense. Just trying to get as much help as possible or an opinion.

I just find that it was quite extreme to tow the vehicle. I understand the issuance of the PCN and there is no argument there.

Thanks again.
Go to the top of the page
 
+Quote Post
Futchoi
post Thu, 12 Mar 2020 - 14:43
Post #8


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



QUOTE (John U.K. @ Thu, 12 Mar 2020 - 13:31) *
Can you show us a clear photo of this document you received at the pound, please?

https://imagizer.imageshack.com/img922/5751/kFDPHW.jpg



Hi John

In terms of the picture received at the pound I have tried to enlarge this as below.

Attached Image


It was not completed at all but from what I can read the text is below,

Vehicle Registration Number
Date
Time
Location
Authorising Officer
Offence Code

I re added the UKPC permit and PCN as below.
https://imagizer.imageshack.com/img921/4890/osTyFb.jpg
https://imagizer.imageshack.com/img924/8642/XqpHvj.jpg

Thanks for your help.
Go to the top of the page
 
+Quote Post
John U.K.
post Thu, 12 Mar 2020 - 15:24
Post #9


Member


Group: Members
Posts: 3,572
Joined: 9 May 2014
Member No.: 70,515



Was not this notice given to you at the pound?

I would have thought that if it was not completed then it was not authorised for removal??
The experts here will know.



This post has been edited by John U.K.: Thu, 12 Mar 2020 - 15:26
Go to the top of the page
 
+Quote Post
Futchoi
post Thu, 12 Mar 2020 - 16:05
Post #10


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



QUOTE (John U.K. @ Thu, 12 Mar 2020 - 15:24) *
Was not this notice given to you at the pound?

I would have thought that if it was not completed then it was not authorised for removal??
The experts here will know.



Hi John

I asked for all the paperwork when I was at the pound but didnt receive a completed version of the yellow form except the uncompleted version one my windscreen. It was raining on Sunday though but I would still have expected to see something on the form if it was completed.

I just got what I had posted in my original post ie PCN, Representation document, Data Protection, and vehicle release receipt.

Thanks
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Thu, 12 Mar 2020 - 16:15
Post #11


Member


Group: Members
Posts: 20,687
Joined: 6 Nov 2014
Member No.: 74,048



Those photos of the tow are vital we need the time stamps on them. If you claim the tow was early so illegal then the council must prove that it was legal


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
John U.K.
post Thu, 12 Mar 2020 - 16:16
Post #12


Member


Group: Members
Posts: 3,572
Joined: 9 May 2014
Member No.: 70,515



I take it you've not kept the form?
Go to the top of the page
 
+Quote Post
Earl Purple
post Thu, 12 Mar 2020 - 16:46
Post #13


Member


Group: Members
Posts: 960
Joined: 25 Jul 2010
Member No.: 39,245



It's a shared use bay. So OP was allowed to park there if he had paid the charge.



This post has been edited by Earl Purple: Thu, 12 Mar 2020 - 16:49
Go to the top of the page
 
+Quote Post
Futchoi
post Thu, 12 Mar 2020 - 17:26
Post #14


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



Hi All,

I'll provide an update once I hear back from the council with details of the towing.

John; Unfortunately no I did not keep the form.

Thanks everyone again for the help so far.
Go to the top of the page
 
+Quote Post
Futchoi
post Wed, 18 Mar 2020 - 17:56
Post #15


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



Hi all,

Latest update from Newham Council is below. I suppose this changes things now. I have asked them to double check they have nothing in regards to the two and await a response.

Please be advised that our records do not show any images of your vehicle being towed.

The CEO has only taken images of your still vehicle at the location of the contravention.

The images on our database are the same as those which you are able to view.


The images they mentioned have been posted in my previous posts and is essential only of the PCN.

Am I able to argue that they cannot provide evidence of when the tow occurred and whether the tow was authorised correctly ie after a 30 mins wait from the issuance of the PCN etc.

Completely understand if people have other priorities at this moment but thanks for anyone who can help.

Thanks again.
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 19 Mar 2020 - 14:35
Post #16


Member


Group: Members
Posts: 18,330
Joined: 3 Dec 2010
Member No.: 42,618



Even if there are no photos, the on board CEO would have made notes of the time when the vehicle was towed. You might as well challenge the council on the basis that it's for the council to show that the removal was lawful, it is not for you to show that it was not.


--------------------
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.
Go to the top of the page
 
+Quote Post
Futchoi
post Wed, 25 Mar 2020 - 18:53
Post #17


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



Apologies for the late reply.

Thanks for the advice cp8759.

I will let you know how it goes in due course.
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 27 Mar 2020 - 18:09
Post #18


Member


Group: Members
Posts: 18,330
Joined: 3 Dec 2010
Member No.: 42,618



Maybe post a draft of what you plan on sending?


--------------------
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.
Go to the top of the page
 
+Quote Post
Futchoi
post Fri, 27 Mar 2020 - 18:32
Post #19


Member


Group: Members
Posts: 40
Joined: 9 Mar 2020
Member No.: 108,196



QUOTE (cp8759 @ Fri, 27 Mar 2020 - 18:09) *
Maybe post a draft of what you plan on sending?


Hi cp8759

The council replied regarding the tow time and have mentioned it to be 913am but I'm not sure if this is when the car reached the impound or actually authorised or lifted especially given the impound attendant mentioned it was around 850am.

Anyhow below is what I have sent to the council. Sent in a little rush given the current climate so hopefully still makes some sense.

Photos are essentially what I had posted in my original post but do let me know If I should re-post.

Re; Parking Notice and Tow
I received a PCN on 8th March 2020 at 08.19 for not displaying a valid permit and my vehicle was subsequently towed away but I believe there are mitigating circumstances to explain why I had parked where I did and I would like to submit an appeal for the following reasons:

The area was residential and had multiple signs

There were various signs where I had parked and I found this to be confusing. There were numerous signs relating to UKPC parking (Photo 1a) and then there was parking for a resident’s zone. My vehicle had a permit displayed for UKPC visitor’s parking (refer to Photo 1 & 2) however I had mistakenly parked in a resident’s zone. I was not familiar with the area where I had parked and was visiting. In addition, the sign for the resident’s parking was slightly obscured by some overhanging tree branches (Photo 3) from where I had parked so I had mistakenly assumed this was part of UKPC parking.

The penalty charge paid to secure the release of my vehicle exceeded the amount applicable in the circumstances of the case
It is to make a representation of the heavy fine levied on me on account of the violation of the parking fine which I by mistake committed. The vehicle was parked in a resident’s bay and was not restricting/blocking any traffic (vehicle parked in space where ‘Datum’ vehicle is in attached photo 3) and for this I believe the towing of my vehicle was excessive in this case and cannot be justified by the enforcement authority. I am informed the road does not have a lot of through traffic and is not a major connecting road but only serves the residential development.
I have sort from the council both photographic and written evidence of the towing of my vehicle but after numerous calls and online correspondence the council have been unable to provide me with any photographic evidence of the tow and whether this was carried out in accordance with their procedures (please refer to enquiry ENQ3535043, email included). The ‘Authorised for Removal’ form was not completed (as per photo 1) and a completed version has not been provided to me since. When at the impound I was informed by the customer service attendant that the vehicle was towed at around 8.50am and evidence will be provided by the council although nothing was given at the time. I have been informed now that the tow could have taken place at 9.13am but I am not sure whether this was the actual time of authorisation, time of lifting or time vehicle was registered at the impound, etc (please refer to enquiry ENQ3535043, email included). In the event that the council is unable to provide evidence that procedures have been followed please can my tow fee be refunded to myself as I cannot be sure that the towing of my vehicle has been lawful.

Lastly, I would like to bring to the council’s attention that upon returning home after releasing my vehicle from the impound I have noticed a scratch on my offside lower door which was not present prior to the towing of my vehicle. Please see photo 4 of the damaged caused which I can only presume was caused during the towing of my vehicle. I would like to understand how I can make a claim to Newham council with respect to this damage.

In conclusion I hope the council accept my representation and refund me all fees taken in this situation.


Thanks again.
Go to the top of the page
 
+Quote Post
Incandescent
post Fri, 27 Mar 2020 - 19:52
Post #20


Member


Group: Members
Posts: 14,822
Joined: 22 Apr 2012
Member No.: 54,455



Having been towed, it is a no-brainer to take them all the way to adjudication, as you have already paid all there is to pay, and could get the tow fee back at least, as their action in towing seems disproportionate. But of course this is Newham, a council apparently run by gauleiters not councillors.

https://en.wikipedia.org/wiki/Gauleiter
Go to the top of the page
 
+Quote Post

5 Pages V   1 2 3 > » 
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, 7th July 2020 - 15:34
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.