3. Lifted car - Newham borough
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Author Topic: Lifted car - Newham borough  (Read 2624 times)

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Re: Lifted car - Newham borough
« Reply #15 on: »
Quote from: Velina on August 06, 2023, 09:16:36 am
As soon as I don't have representation paperwork how I can appeal it?
You can send them a letter in the post to:

L B Newham Parking Correspondence
PO Box 71575
London
E6 9LY

Send 1st class (not signed for) from a post office, and get proof of postage.

If you paid on the phone you must have a transaction on your bank statement showing that you paid £265 in total, please confirm.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Lifted car - Newham borough
« Reply #16 on: »
Unfortunately I don't have photo of my car in the air. To take a picture wasn't my first thought. Here is screenshot of the payment to Newham council.

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Re: Lifted car - Newham borough
« Reply #17 on: »
You have this photo that you posted on facebook:



Send them this photo and the online payment screenshot, that's more than enough.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Lifted car - Newham borough
« Reply #18 on: »
If you send that photo, IMO the council will respond with the car was on the truck and they were entitled to tow. In that they would be right. But what they cannot do is make things up like releasing the car there and then for the payment it does not work that way no removal no charge simples
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Re: Lifted car - Newham borough
« Reply #19 on: »
Quote from: Pastmybest on August 09, 2023, 04:43:04 pm
If you send that photo, IMO the council will respond with the car was on the truck and they were entitled to tow. In that they would be right. But what they cannot do is make things up like releasing the car there and then for the payment it does not work that way no removal no charge simples
I would say that if they lifted the car they're entitled to charge, we've had the discussion before that when a council relocates a car to a different place on the road they could technically charge (but don't because they've not read the regs).

What they 100% cannot do is charge the tow fee and not provide any paperwork with the rights of appeal, that's an instant win and I don't see how we could possibly lose this one at the tribunal.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Lifted car - Newham borough
« Reply #20 on: »
Hi, again. I've sent the letter on 22.08. I haven't heard anything from Newham yet. In how many days time they have to respond me?
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Re: Lifted car - Newham borough
« Reply #21 on: »
Quote from: Velina on September 13, 2023, 01:01:13 pm
Hi, again. I've sent the letter on 22.08. I haven't heard anything from Newham yet. In how many days time they have to respond me?
56 from when they receive the letter.

Assuming the letter was served two days later, they have until 18 October 2023 to serve a response.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Lifted car - Newham borough
« Reply #22 on: »

Depends whether they were formal representations and have been considered as such.

What did you send, to whom, how and when?
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Re: Lifted car - Newham borough
« Reply #23 on: »
Quote from: H C Andersen on September 15, 2023, 05:39:50 pm
Depends whether they were formal representations and have been considered as such.
In a removal case you can only have formal representations.

However, it would be useful to see a copy of the representations. Also, did you get proof of postage?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Lifted car - Newham borough
« Reply #24 on: »
Since I didn't get any paperwork, I was advised, here in the group, to send a complaint letter to Newham parking via post. So I did that, the proof of postage is the receipt from the post office with tracking number. I've sent it 1st class delivery.
I'm attaching screenshots of the letter.
Also I've printed the proof of payment and the actual PCN, and attached them to the complaint letter.

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Re: Lifted car - Newham borough
« Reply #25 on: »
When does the tracking number show that the letter was received by the council?

By the way you shouldn't have used the word "complaint", it's a representation, which is quite different to a complaint. That's unlikely to be fatal as the substance of what you sent is a representation (and the subject matter cannot be dealt with as a complaint anyway), but still it's worth pointing this out for anyone reading this thread in the future.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Lifted car - Newham borough
« Reply #26 on: »
It was delivered on 23.08.
About the complaint word, I'm not professional and that's my first time here making that kind of representation, also the main point of the letter is in it, so I hope not to be fatal :) .
All I've done so far is thanks to your help guys, so thank you very much.
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Re: Lifted car - Newham borough
« Reply #27 on: »
So they have until 18 October to reply.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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Re: Lifted car - Newham borough
« Reply #28 on: »
I have received letter from Newham. They rejected my request.They said when the car's wheels are off the ground it means it's been lifted and I have to be charged. As far as I remember when I checked in their website, it says the car wheels should be on the platform not just off the ground. I'm attaching photos of the letter.

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Re: Lifted car - Newham borough
« Reply #29 on: »
And by the way they wrote my name wrong if that matters.
I attach the last 2 pages.

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