3. Car impounded by Newham Council - Few days left to appeal to Tribual
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Car impounded by Newham Council - Few days left to appeal to Tribual
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Hi guys,

A family member's car got ticketed and towed away within 30 mins for allegedly not having a valid ticket/permit.

However, there was a valid session in place via PayByPhone app and we have proof of this.

We had to pay the PCN and the release fee to get the car back. After that a representation was submitted with proof of valid parking session, however, the Council has rejected this, insisting there was no valid session in place.

We have a few days left to submit the appeal to the tribunal.

Can anyone help?

I have uploaded the original PCN, proof of session and the Council's rejection letter here: https://postimg.cc/gallery/3HJQn4C

If anyone can help and willing to represent, I'll share the appeal code (I've blacked it out in the link as I wasn't sure).

Many thanks.
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #1 on: »
The council numpties seem to have been confused by the date on your PbP receipt, which has the date in an unusual order of yyyy/mm/dd, thus thinking it relates to 8th July, not 7th August. Can you post up the full PbP transation please. There is no time/date for the parking transaction itself, only the times for the actual parking. Was the session taken out late ? PbP sessions are downloaded to CEO handheld terminals; this is how they check cars that have no actual parking ticket.

If you are certain about the correctness of your case, don't pay, but register an appeal with London Tribunals. There are two things as I intimate above, (1) date format and council confusion, and (2) when was the parking session established, time and date.

PLease note that in paying to get the car released, you have paid all there is to pay, and would not have to pay the additional £65 at London Tribunals even if you lose.

« Last Edit: October 13, 2024, 07:14:57 pm by Incandescent »
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #2 on: »
Register the appeal - there is nothing to lose. You can upload stuff later. Opt for a personal/telephone hearing.
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #3 on: »
Thanks.

I'll register the appeal.

PS - the email confirmation for that parking session has unfortunately been deleted. However, the details remain on the PbP app. Here are two screenshots pertaining to that session: https://postimg.cc/gallery/Nj6sP0Z

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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #4 on: »
I had a look at the entries for this location you have kindly posted. None of them show the time the parking session was invoked by the app.

Reason I ask is because we have seen many cases on this forum of people who park, and being in a hurry of whatever, trot off to do whatever they have parked for and the parking session isn't set up until some time after the time of actual parking. They are then shocked to get a PCN.  So can you please tell us your routine for parking at this location. Do you remain with the car until you get a positive message that parking has been set up ?
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #5 on: »
The car wasn't left before the confirmation on the app/email.

I'm not sure what difference that would make as the parking session was from 10:05 to 12:05 and the PCN was issued at 11:18.

If the PCN was issued at 10:06 or thereabouts, I can understand the significance. However, the PCN was issued over one hour after the transaction took place.

PS - they've set the date for the hearing. It's on 21 November at 15:30. It's in person. The letter says if we want this to be over the phone, to let them know by emailing.

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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #6 on: »
The representations pl.
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #7 on: »
I'm happy to be your representative. Email mrmustard@zoho.com if you would like that. I do not charge. Donation to the hospice requested if you get your money back.
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I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #8 on: »
This is a worrying case if there is an issue with the e-parking system, not least because Newham tows almost everything regardless of seriousness of contravention.
Assuming all is in order - and it checks out in the info posted - and they either DNC or lose, I think it's worth the OP writing to ask what happened to both Newham and PayByPhone.

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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #9 on: »
Quote
This is a worrying case if there is an issue with the e-parking system

I wondered if they'd got an O and 0 transposed, but it would appear that the CEO has input the reg correctly.

OP, when did you get the "receipt" email from PayByPhone? Was it after the car was taken?
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #10 on: »
Hi guys,

Here are images of the initial representation made (hand written) and then the appeal submitted to the tribunal: https://postimg.cc/gallery/VCvtj2v

As for when the email was received - I can't tell anymore. Unfortunately the email got deleted. However, most people rely on the app. So if the app says the session has started, we wouldn't be looking for the email.

The driver didn't leave the car until the app said the session has started.
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Re: Car impounded by Newham Council - Few days left to appeal to Tribual
« Reply #11 on: »
Quote from: mrmustard on October 15, 2024, 03:19:56 pm
I'm happy to be your representative. Email mrmustard@zoho.com if you would like that. I do not charge. Donation to the hospice requested if you get your money back.

Thanks mate. I'll drop you an email.
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