This appeal was lost. Any grounds for review?
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Case reference 2250315966
Appellant xxxxxxxxx
Authority London Borough of Waltham Forest
VRM OO56MDP
PCN Details
PCN FR65342834
Contravention date 01 May 2025
Contravention time 10:03:00
Contravention location Beresford Road
Penalty amount GBP 160.00
Contravention Parked restricted street during prescribed hours
Referral date -
Decision Date 03 Sep 2025
Adjudicator Joanne Coombe
Appeal decision Appeal refused
Direction Full penalty charge notice amount stated to be paid within 28 days.
Reasons
1. This is an appeal against a penalty charge notice (PCN) imposed by the London Borough of Waltham Forest, the Authority.
2. The appeal was listed as a personal appeal and the Appellant attended. The Adjudicator adjourned the case to allow the Authority to respond to further representations made by the Appellant. The Adjudicator concluded the case on the papers.
The Appellant’s case
3. The Appellant relies upon the grounds of appeal that there has been a procedural impropriety and that the penalty amount exceeds the amount applicable.
4. The Appellant has questioned why the ‘no waiting’ contravention was used rather than a contravention of parking (partially) outside of a parking bay. The Appellant says that they are a resident of the road and parked in good faith not realising there had been a minor encroachment onto the yellow line.
5. The Appellant requested a copy of the Traffic Regulation Order.
6. The Appellant referred to the Department for Transport guidance for local authorities and questioned whether the Civil enforcement Officer (CEO) was appropriately trained. The Appellant quotes from the guidelines as follows ‘the decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must only be taken following specific authorisation by an appropriately trained CEO’.
7. The Appellant relies on the authorisation notice and says that the authorisation was provided after the vehicle had started to be removed.
The Authority’s Case
8. The Authority has submitted a copy of the Traffic Management Order dated 25th July 2019 and have highlighted paragraph 8 which deals with removal of a vehicle from a parking or loading place. The Authority has further highlighted a section of schedule 1 of the order with a ‘Map title list’ of BC50.
9. The Authority submits that the Traffic Management Act 2004 empowers local authority civil enforcement officers to clamp or remove any vehicle that is parked in contravention of parking regulations. The Removal and Disposal of Vehicles Regulations 1986 were the regulations, and these were amended through the Removal and Disposal of Vehicle Regulations 1993 to enable Civil Enforcement Officers to remove or arrange for the removal of vehicles that are parked in contravention of parking regulations.
10. The Authority confirms that Civil Enforcement Officers are compelled to work in accordance with the current Code of Practice as laid down by the then Parking Committee for London now incorporated into the London Councils. This can be obtained through the London Councils:
https://www.londoncouncils.gov.ukFindings of Fact
11. I am satisfied, from the photographs taken by the CEO, that the vehicle was parked in contravention of the restrictions with the whole of the front wheel on the yellow line. The yellow line is accompanied by a ‘no waiting’ sign. The CEO has identified the correct restriction code and the restriction is lawfully in place.
12. The decision to remove the vehicle is in the exercise of the discretion of the CEO and it is not open to me as an adjudicator to challenge the exercise of discretion.
13. As the CEO has the power to authorise removal, the fact that the authorisation document is signed after the vehicle has started to be removed does not cause a procedural impropriety.
Outcome of the Appeal
14. The appeal is dismissed. I am satisfied, from the evidence before me, that the penalty was validly imposed in relation to the use of the vehicle and that none of the grounds of appeal are made out.
