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Newham – Code 01 – High Street South outside 99a – vehicle removed / £360 paid

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#16
Actually just going through the web form.

Newham's “How to disagree with the removal of a towed vehicle” page says I can “submit online” and that link takes me to:

https://parking.newham.gov.uk/en-GB/pages/OnlineChallengeEntry.aspx

However, that page only gives me:

- Informal Challenge – PCN before NtO; or
- Formal Representation – where an NtO has been received / web code required,

plus the separate bus lane / moving traffic options.

There doesn't appear to be any option for representations following removal of a vehicle, nor are the statutory removal grounds stated on that page.

I've taken screenshots of both pages.

Is this what youre referring to or the point in my earlier message (i.e. no grounds on the site)?

Do i go down the paper route now?
#17
I think I've enough to draft a first response via the portal.

I've taken the relevant screenshots (choosing the "Informal" challenge route) and will look to submit the below. Can anyone check and confirm if its appropriate to send at this stage.

My reasoning is that I want to leave the point on procedural impropriety on website blank at this stage and bring it up at tribunal (based on what others have said in other posts).

Thoughts welcome.

-----------------

Representations following removal of vehicle

I make representations following the removal of my vehicle on 26 September 2026 and ask the Council to refund the sums paid to secure its release, namely £80 in respect of the PCN and £280 in respect of the removal.

I ask the Council to reconsider whether removal of the vehicle was appropriate in the circumstances and whether Newham's published removal policy was properly applied.
The vehicle was at the location for approximately 20 minutes. Having reviewed the Council's photographs, I cannot see that the vehicle was causing an obstruction to pedestrians or moving traffic or presenting any obvious danger.

Newham's published policy contains a hierarchy of removal priorities. Please therefore confirm which removal priority was applied to my vehicle and why removal, rather than issue of the PCN alone, was considered appropriate in the particular circumstances.

If these representations are rejected, please provide the CEO's contemporaneous notes, the removal authorisation and time of authorisation, the identifying number of the officer who authorised removal, the removal vehicle log, all photographs relating to the removal, and confirmation of the removal priority/category applied.

I also ask the Council to consider the particular circumstances as compelling reasons for refunding some or all of the sums paid. In particular, the vehicle was present for approximately 20 minutes and, on the evidence available to me, was not causing an obstruction or danger.

I therefore ask that the £280 removal charge be refunded, or alternatively that the full £360 be refunded.

If the Council does not accept these representations, please serve the appropriate decision notice so that I may exercise my right of appeal to an adjudicator.


Last Edit: September 30, 2026, 01:06:29 pm by Felics
#19
Too soft IMO.

You should state the grounds of appeal clearly and then expand.

Having just read their policy on removals, IMO it contains unlawful policies.

Furthermore, the council will review the removal policy for residents’ vehicles. The priorities
and policies that apply for removal of vehicles in Newham is set out in Appendix D.


APPENDIX D – REMOVALS POLICY

In some circumstances we have to remove vehicles, these include:
 Vehicles which are parked dangerously
 If we are asked by the police
 If a vehicle is in contravention of the parking controls   WTF!
 Vehicles which are causing a serious obstruction.

Priority 3
I. Parked committing a serious contravention (Please refer to Appendix C above).

Priority 4
I. All other contraventions NO, NO, NO. A PCN is simply a precondition for considering removal under exceptional circumstances, it CANNOT BE a reason in itself. This undermines Parliament's intention which is that most contraventions are punished sufficiently by issuing a penalty.


Additional information
Under the provisions of the Traffic Management Act 2004 a vehicle is considered to have been
“removed” when ALL four wheels have been placed on the back of the removal truck. If the
driver returns before this action has been completed the removal should be terminated and
the vehicle released.
However this does not apply to “persistent evader” vehicles. In these cases a vehicle is
considered to have been removed once ALL four wheels have left the ground. The removal
should only be terminated if the driver returns before all wheels have left the ground.
Civil enforcement officers have no opportunity to use discretion and the council’s enforcement
contractor has been advised that the above removal criteria must be strictly adhered to
. The
owner/keeper of a removed vehicle will be provided with the relevant representation forms
when they attend the car pound to reclaim their vehicle. All representations and mitigating
circumstances will be considered by the back office processing section.


Civil enforcement officers have no opportunity to use discretion and the council’s enforcement
contractor has been advised that the above removal criteria must be strictly adhered to.


Unlawful. See Secretary of State's Statutory Guidance:

Where a vehicle is causing a hazard or obstruction, the enforcement authority should remove rather than immobilise. Immobilisation and removal activity should only take place where it gives clear traffic management benefits.

An enforcement authority should formulate and publish clear guidelines for CEOs on when it will be appropriate to use immobilise or remove.

The guidelines should cover the order of priority in which vehicles should be dealt with, based on the nature of the contravention. Powers should not be used randomly[tell that to Newham] , and authorities should draw up guidelines in consultation with the police.

The decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must [footnote 21] only be taken following specific authorisation by an appropriately trained CEO.

ONLY a suitably trained CEO may authorise removal (different from the one who issued the PCN).

Frankly, I'd go for their jugular and see what happens. I can help you draft something, but not today, this will take a day or 2.

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#20
OP, you should also consider that there are normally two stages at making reps against a removal:
1) Against the original PCN  - of this succeeds , the removal automatically falls
and
2) Against the Removal - even if the PCN stands, the Removal may be excessive or not have followed correct process.
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#21
Mr Styles is one of the older hands and below are his thoughts on removals.

Unless there is a paperwork issue I can't see this succeeding but they'll have to work to get it it refused and who knows, tincombe may hole the tribunal under the water if he can stand up something unlawful.

-----------

Case reference   2260103046
Appellant   xxxxx
Authority   London Borough of Newham
VRM   EX73CUU
   
PCN Details
PCN   PN24860023
Contravention date   25 Jan 2026
Contravention time   10:32:00
Contravention location   Pier Road
Penalty amount   N/A
Contravention   Parked resident/shared use without a valid permit
   
Referral date   -
   
Decision Date   10 Aug 2026
Adjudicator   Gerald Styles
Appeal decision   Appeal refused
Direction   Full penalty charge notice amount stated to be paid within 28 days.
Reasons   I was able to hear from the appellant for the hearing arranged for 7 August. The Council was not expected to attend and did not do so.
The appellant’s car had been lent to his mother who is also on the insurance policy and the purpose of lending was so she could drive herself conveniently back to her house after a family birthday party.
She was not a car owner herself. The car when ticketed was on the Sunay morning after the party. The appellant recognised that when ticketed the car was unlawfully parked. He conceded that the officer issuing the PCN had done so correctly.
On the Sunday morning when the appellant went to the car she (as if often the case with cars that have been impounded ) thought it had been stolen and via the police I believe was put in touch with the removals data base operation known as TRACE.
The appellant queried some of the timings recorded in connection with the team working on the removal truck but these were clerical errors and in my ruling without legal consequences.
I have decided the 58 minute interval between the ticketing and removal was not legally objectionable.
The appellant argument to tribunal was that the removal was not justified and not in line with Secretary of State Guidance which Councils are obliged to have regard to though not necessarily follow. The appellant emphasised that document encourages enforcement authorities to regard its removals “as a last resort”.
An isolated instance of resident bay intrusion, that is to say unlawful bay occupancy is not when viewed in isolation a matter of grave consequence to resident permits holders, but there is well-known pressure on such bays for use by by legitimate permit holders, so when the total picture of illegal bay occupancy is seen it is not just a minor irritant but inconvenience of importance.
From my years in this tribunal, I know that many motorists are not deterred by the price of a single parking penalty charge and their parking decisions in contravention often simply reflect either their deep pockets or their optimism over not being ticketed/pursued for payment. Against this background I do not believe removal in this instance can be criticised as legally disproportionate.
In any event in removal cases I do not believe it is correct for the tribunal when deciding the outcome of an appeal to have regard to appellant arguments about prioritisation of removals.
The important task of the tribunal in cases like the present is to determine whether the removal was lawful.
The other major question is whether the tribunal identifies compelling mitigation and should decide to recommend the Council to make discretionary refund of whole or part of money paid at the pound. Compelling is a high bar. The appellant explanation for the mistake is not mitigation that compelling in level.
I have accepted the money paid at the pound was correctly calculated and I have recorded this appeal as refused.
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#22
Too soft IMO.

You should state the grounds of appeal clearly and then expand.

Having just read their policy on removals, IMO it contains unlawful policies.

Furthermore, the council will review the removal policy for residents’ vehicles. The priorities
and policies that apply for removal of vehicles in Newham is set out in Appendix D.


APPENDIX D – REMOVALS POLICY

In some circumstances we have to remove vehicles, these include:
 Vehicles which are parked dangerously
 If we are asked by the police
 If a vehicle is in contravention of the parking controls  WTF!
 Vehicles which are causing a serious obstruction.

Priority 3
I. Parked committing a serious contravention (Please refer to Appendix C above).

Priority 4
I. All other contraventions NO, NO, NO. A PCN is simply a precondition for considering removal under exceptional circumstances, it CANNOT BE a reason in itself. This undermines Parliament's intention which is that most contraventions are punished sufficiently by issuing a penalty.


Additional information
Under the provisions of the Traffic Management Act 2004 a vehicle is considered to have been
“removed” when ALL four wheels have been placed on the back of the removal truck. If the
driver returns before this action has been completed the removal should be terminated and
the vehicle released.
However this does not apply to “persistent evader” vehicles. In these cases a vehicle is
considered to have been removed once ALL four wheels have left the ground. The removal
should only be terminated if the driver returns before all wheels have left the ground.
Civil enforcement officers have no opportunity to use discretion and the council’s enforcement
contractor has been advised that the above removal criteria must be strictly adhered to
. The
owner/keeper of a removed vehicle will be provided with the relevant representation forms
when they attend the car pound to reclaim their vehicle. All representations and mitigating
circumstances will be considered by the back office processing section.


Civil enforcement officers have no opportunity to use discretion and the council’s enforcement
contractor has been advised that the above removal criteria must be strictly adhered to.


Unlawful. See Secretary of State's Statutory Guidance:

Where a vehicle is causing a hazard or obstruction, the enforcement authority should remove rather than immobilise. Immobilisation and removal activity should only take place where it gives clear traffic management benefits.

An enforcement authority should formulate and publish clear guidelines for CEOs on when it will be appropriate to use immobilise or remove.

The guidelines should cover the order of priority in which vehicles should be dealt with, based on the nature of the contravention. Powers should not be used randomly[tell that to Newham] , and authorities should draw up guidelines in consultation with the police.

The decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must [footnote 21] only be taken following specific authorisation by an appropriately trained CEO.

ONLY a suitably trained CEO may authorise removal (different from the one who issued the PCN).

Frankly, I'd go for their jugular and see what happens. I can help you draft something, but not today, this will take a day or 2.




Taking into account the above comments, a first draft below:

========

I make formal representations following the removal of my vehicle on 26 September 2026. I was required to pay £360 to secure its release, comprising an £80 penalty charge and a £280 removal charge.

I challenge the removal on the basis that Newham’s published removal policy is unlawful and that the decision to remove my vehicle was made pursuant to a policy which is incompatible with the Traffic Management Act 2004 and the Secretary of State’s Statutory Guidance.

I also ask the Council, to consider whether there are compelling reasons why some or all of the sums paid should be refunded.

1. Newham’s policy unlawfully treats a parking contravention as justification for removal

Newham’s published Parking Policy and Procedures states at paragraph 4.6.1 that, subject to specified exceptions:

“any vehicle which has been issued with a penalty charge notice can be removed by the council.”

Appendix D also identifies as a circumstance for removal a vehicle which is in contravention of parking controls, and its hierarchy ultimately places “all other contraventions” within Priority 4.

The effect of the policy is therefore to bring every parking contravention within the removal regime merely because a contravention has occurred and a PCN has been issued. Newham’s current published policy contains those provisions

I submit that this is unlawful.

The issue of a PCN and the subsequent decision to remove a vehicle are separate enforcement decisions. The existence of a parking contravention may provide the legal precondition for removal to be considered, but it cannot itself provide the justification for exercising the additional and substantially more intrusive removal power.

The Secretary of State’s Statutory Guidance expressly requires the decision whether to remove a vehicle to involve an exercise of judgment. If the existence of a contravention or PCN were itself sufficient justification for removal, there would be no meaningful separate decision for the CEO to make and that requirement would be rendered meaningless.

For the avoidance of doubt, I do not suggest that service of a PCN prevents the Council from subsequently considering removal. Indeed, the Statutory Guidance states that a vehicle parked where parking is prohibited, including on double yellow lines, can be removed once a PCN has been served. My submission is that this makes the removal power available for consideration; it does not dispense with the separate requirement for a lawful, case-specific decision to exercise that power.

2. Newham’s removal policy unlawfully removes the judgment required by the Statutory Guidance

Appendix D of Newham’s published policy states:

“Civil enforcement officers have no opportunity to use discretion and the council’s enforcement contractor has been advised that the above removal criteria must be strictly adhered to.”
That wording appears in Newham’s current published removal policy.

I submit that an inflexible removal policy of this nature is incompatible with the Secretary of State’s Statutory Guidance.

Section 87(2) of the Traffic Management Act 2004 requires a local authority exercising civil enforcement functions to have regard to statutory guidance issued by the appropriate national authority.

The Statutory Guidance provides that:

•   removal activity should only take place where it gives clear traffic-management benefits;
•   authorities should formulate and publish clear guidelines identifying the order of priority in which vehicles should be dealt with;
•   removal powers “should not be used randomly”;
•   the decision whether to remove a vehicle requires an exercise of judgment;
•   that decision must follow specific authorisation by an appropriately trained CEO; and
•   the removal operative must not take the decision.

Those requirements cannot, in my submission, be reconciled with a policy which ultimately places every parking contravention within the removal hierarchy while stating that CEOs have “no opportunity to use discretion” and that the criteria must be strictly followed.

A lawful removal policy may guide the exercise of judgment. It cannot eliminate that judgment.

Newham’s approach also conflicts with the Secretary of State’s express direction that removal powers “should not be used randomly.” A regime which ultimately encompasses “all other contraventions”, coupled with a stated absence of discretion, creates precisely the risk of indiscriminate removal against which the Statutory Guidance warns.

I therefore submit that Newham’s published policy unlawfully fetters the case-specific judgment required before the removal power is exercised.

3. The Council must demonstrate that the decision to remove my vehicle was lawfully made

My submission is not simply that my vehicle should have been assigned a different or lower removal priority. I do not invite the Council merely to reconsider the relative priority of my vehicle against other vehicles.

The issue is whether the decision actually to remove this particular vehicle was itself made lawfully.

The Council’s photographs do not appear to show the vehicle causing a hazard, serious obstruction, obstruction to pedestrians or obstruction to moving traffic.
The Statutory Guidance states that removal activity should only take place where it gives clear traffic-management benefits.

Accordingly, it is not sufficient merely to establish that the vehicle was parked in contravention and therefore that the statutory power of removal was available.

The Council should identify:

•   what clear traffic-management benefit was considered before removal;
•   what circumstances relating specifically to my vehicle were considered;
•   what individual exercise of judgment took place; and
•   why the additional step of removal was considered appropriate rather than enforcement being limited to the PCN.

For the avoidance of doubt, this is not merely a challenge to the Council’s prioritisation of removals. The issue is whether removal resulted from the individual exercise of judgment required by the Statutory Guidance rather than from automatic application of a predetermined removal category.

4. The Council must establish the required specific and independent authorisation

The Statutory Guidance expressly states that the decision to remove a vehicle requires an exercise of judgment and must only be taken following specific authorisation by an appropriately trained CEO. It further states that the removal operative should not make that decision.

This requirement is central to these representations.

The fact that one CEO concluded that a parking contravention had occurred and issued a PCN cannot, without more, establish that the separate decision actually to remove the vehicle was made through the lawful decision-making process required by the guidance.

A predetermined rule, automatic referral for removal, or mechanical application of a removal category cannot substitute for the required case-specific exercise of judgment.
I therefore require the Council to establish that an appropriately trained CEO made a genuine and individual decision to remove my vehicle.

If these representations are rejected, please provide:

•   the issuing CEO’s contemporaneous notes;
•   the separate removal authorisation record and the time at which authorisation was given;
•   the identifying number of the CEO who authorised removal;
•   confirmation that the authorising CEO was appropriately trained and authorised to make removal decisions;
•   any contemporaneous record showing the circumstances considered and why removal of this particular vehicle was judged to be warranted;
•   the removal vehicle log; and
•   all photographs taken in connection with the removal.

If there is no evidence of a separate, individual and specifically authorised decision to remove the vehicle, I submit that the Council cannot demonstrate the exercise of judgment required by the Statutory Guidance.

Further, if the Council maintains that such an individual exercise of judgment did occur, I ask it to explain how that decision-making process is compatible with its published statement that CEOs have “no opportunity to use discretion” and that its removal criteria must be strictly adhered to.

5. Compelling reasons and exercise of discretion

Further and in any event, I ask the Council to consider the particular circumstances as compelling reasons why some or all of the sums paid should be refunded.
The vehicle was present at the location for approximately 20 minutes.

The Council’s photographs do not appear to show it causing an obstruction to pedestrians or moving traffic, nor do they demonstrate any obvious hazard or serious safety issue.
The PCN already provided an enforcement response to the alleged parking contravention. The additional decision to remove the vehicle resulted in a further £280 charge together with significant inconvenience.

I therefore ask the Council to exercise its discretion and refund the full £360 paid, or alternatively to refund the £280 removal charge.

Conclusion

Newham’s published removal policy states that, subject to specified exceptions, any vehicle issued with a PCN can be removed; ultimately includes “all other contraventions” within its removal hierarchy; and states that CEOs have “no opportunity to use discretion.”

I submit that this policy is incompatible with the Secretary of State’s requirement that the decision to remove must involve an individual exercise of judgment, should provide a clear traffic-management benefit, must follow specific authorisation by an appropriately trained CEO, and should not involve random or indiscriminate use of the removal power.

My case is therefore not simply that my vehicle should have received a lower removal priority or that removal was excessive in general terms. The central issue is whether the removal power was lawfully exercised at all in this particular case.

I therefore ask that these representations be accepted and that the full £360 be refunded.

If the Council rejects the representations, please address specifically:

1.   how Newham’s published statement that CEOs have “no opportunity to use discretion” is compatible with the requirement for an exercise of judgment;
2.   how a removal policy which ultimately encompasses “all other contraventions” complies with the direction that removal powers “should not be used randomly”;
3.   what clear traffic-management benefit was identified in removing my particular vehicle;
4.   what individual circumstances were considered before removal;
5.   which appropriately trained CEO specifically authorised removal and at what time; and
6.   what contemporaneous evidence demonstrates the individual exercise of judgment required before removal was authorised.

Please also provide the evidence requested above so that the lawfulness of the removal can be considered in any subsequent appeal to the adjudicator.

Last Edit: October 01, 2026, 06:09:48 pm by Felics
#23
That'll do nicely and saves me a day or two of head scratching! 

The only suggestion I would make is here:

what clear traffic-management benefit was considered before removal;
•  what circumstances relating specifically to my vehicle were considered;
•  what individual exercise of judgment took place and by whom it was taken(the council's policy implies that removal is determined by 'the council contractor'); and
•  why the additional step of removal was considered appropriate rather than enforcement being limited to the PCN.
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#24
That'll do nicely and saves me a day or two of head scratching! 

The only suggestion I would make is here:

what clear traffic-management benefit was considered before removal;
•  what circumstances relating specifically to my vehicle were considered;
•  what individual exercise of judgment took place and by whom it was taken(the council's policy implies that removal is determined by 'the council contractor'); and
•  why the additional step of removal was considered appropriate rather than enforcement being limited to the PCN.

Great, I will get those additions added in and sent off tonight unless theres anything else to add?

Separately, do i add the lengthy submission in the text box or add it as an attachment? Or no difference?