3. Car towed Newham, code 01 parked in a restricted street
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #15 on: »
Sorry, I’m a tad confused, are you asking me to add the third paragraph to my appeal too or you’re asking me not to appeal, sorry don’t want to get it wrong🥲
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #16 on: »
You are not appealing at this stage. First you have to make representations to Newham.

Develop a draft here. There is nothing to lose so you may as well make them work for their money.
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #17 on: »
(crossed with stamfordman's post)

If you don't make representations to the authority(at this stage you are not appealing to the adjudicator), then you've lost your money.

If you make reps which are subsequently rejected, then you appeal to the adjudicator or you've lost your money.

So you must engage with this process to its conclusion.

You'll put your reps in your words, but post a draft first.

My post asks you to add the presence of the traffic sign to the mix(which you must have read otherwise even if you were in a parking place it could still have been restricted!).

So, IMO:
For the council's position: clear DYL;
For your position: conflicting indicators as to what restriction was in place. Bay markings ahead and to the side, albeit faded; traffic sign situated in line with where the council says the parking place begins but without an arrow indicating this whose absence in your mind confirmed it was situated within a  multi-bay parking place inside which you were parked.
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #18 on: »
My draft!

 Dear Parking Services,

I wish to make formal representations against both the Penalty Charge Notice and the subsequent removal of my vehicle.

On the morning of 27 June my vehicle was issued with a PCN for Contravention Code 01 before being removed approximately two hours later from Atlantis Avenue, E16.

I wish to challenge this PCN and the removal of my car by towing for some reasons

Firstly, I genuinely believed that I was parked within a valid parking bay. The location contains faded white bay markings which remain visible on the carriageway. As I arrived late, these markings appeared to indicate a legitimate parking place. The double yellow lines continue alongside what appears to be a series of old parking bays, creating an unclear and confusing road layout.

In addition, the parking signs in the vicinity did not clearly indicate, by way of directional arrows or other markings, where any parking bay began or ended. In the absence of clear termination markings or signage, I reasonably believed the faded bay markings remained valid. Had the restriction been clearly conveyed, I would not have parked there.

Also considering my arrival to the car park at 3am, the lack of light contributed to my confusion about these signs and marking. The subsequent towing of my car was also a disproportionate punishment as I was not obstructing any entrance, pedestrian walkway or other traffic flow.

I hope these considerations are taken into proper advisement. Thank you
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #19 on: »
"advisement" ? Surely "consideration" fits better ?

Don't forget that there are no additional penalties for taking them to London Tribunals, because you have already paid all there is to pay.
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #20 on: »
I would write less.

Dear Sirs, I parked in the dark at around 3am and saw the outline of a bay which having checked the nearby sign was free to park in at that time. Accordingly no contravention has occurred. Please cancel and refund both the PCN and the towing fee as there was no traffic management purpose to removal from this remote spot. Yours etc
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I am currently too busy working to take on any except the most unreasonable PCNs.

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.
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #21 on: »
This is your only bite at the cherry before adjudication and IMO you should scope all the issues which were relevant to the driver's thinking at this stage.

I see benefits in writing your longer version because it develops arguments which the authority is obliged to consider. You saw the DYL and IMO if you do not refer to these then all you'll get is a rejection which does. I do not see any benefit in not coming clean on this point and developing the issue of contra indicators which caused confusion.


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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #22 on: »
I agree with short reps but I would enclose the picture showing the bay lines, putting them on notice what you'll be showing the adjudicator.

What you're aiming for is for the adjudicator to at least accept there is ambiguity to a sufficient degree that it can only be resolved in favour of the appellant, a decision often made at the tribunal. 
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #23 on: »
Thoughts?
Dear Parking Services,

I wish to make formal representations against both the PCN and the removal of my vehicle.

I genuinely believed I was parked within a valid parking bay. The faded white bay markings remain visible, and the double yellow lines continue alongside what appears to be several bays, creating ambiguity. I also arrived late, and the parking signs did not include directional arrows or any clear indication of where the parking bays ended. As a result, I reasonably believed the bay remained valid.

Even if the Council maintains that a contravention occurred, I believe the removal of my vehicle approximately two hours after the PCN was issued was disproportionate. My vehicle was not causing an obstruction, danger, or preventing the free flow of traffic, and a PCN alone would have been sufficient enforcement.

Should these representations be rejected, I request that the Council provide the CEO’s notes, all photographs, the removal authorisation, and the records demonstrating compliance with its vehicle removal policy. I also put the Council on notice that I will rely on the ambiguity of the road markings and signage before an independent adjudicator, who may find that any uncertainty should be resolved in favour of the appellant.

In light of the unclear road layout and the disproportionate removal, I respectfully request that both the PCN and all removal charges be cancelled.
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Re: Car towed Newham, code 01 parked in a restricted street
« Reply #24 on: »
I wouldn't concede anything such as 'faded'.

You parked late at night in what are clearly marked bays as per picture enclosed, and the adjacent signage indicated such bays.

You put the council on notice that you will be asking the adjudicator to resolve any ambiguity in your favour.

Regarding the disproportion of the tow - it's not something the adjudicator can consider for allowing an appeal and Newham of course won't accept it but it is possible that an adjudicator could weigh up the situation and recommend a refund which is non-binding but really the tow stands or falls on the contravention so a recommendation would be for both if it is felt there is sufficient mitigation.   
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  3. Car towed Newham, code 01 parked in a restricted street