Author Topic: Missing PCN - parked without permit - Tower Hamlets, Council, Collingwood Street E1 - Car impounded  (Read 674 times)

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sadaboutcars

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So I looked out my kitchen window this evening and noticed my car was missing. I thought it must have been stolen but then I checked TRACE and the reality is the council stole it...

The reason for removal stated on Trace is:

"In a residents shared use place without permit"

And this is true, my resident permit has expired on the 7th or July! I did not realise this and I received no reminders or anything about it nearing expiry.

To make it worse I don't seem to have received a PCN. Or a PCN was issued and it was then removed from my vehicle so I did not know I had a fine at all.

Now the car impound want £200 for the removal fee, £65 for the PCN which I never received and £40 a day for storage. The car was taken on the 31st according to Trace so it looks like I'll be paying £305 or £345 to get my car back tomorrow.

I'm so sick of living in this city.

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Incandescent

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A sad, but all to common situation in London, but you've not asked us for any advice as far as I can see. However, what I can say, in the absence of any real and useful information from yourself,  is that removal of the car looks totally disproportionate if you are a lapsed permit holder and all that has happened is your permit has expired by just under a month; a PCN would surely have been sufficient to "encourage" you to get your permit renewed.

It's not all totally bad news, however. By towing your car and charging you, it means that even if you end up at London Tribunals, you have already paid all there is to pay, and could get some or even all of it back. There are no additional costs in taking the matter to London Tribunals, but first you must submit representations to the council. When reps to the council are rejected, you can take them to London Tribunals.

So if you want help with this and also with an appeal at London Tribunals, we need to know all about the circumstances that gave rise to (1) non-receipt of permit reminder, (2), location of parking, and(3) all the paper work given to you at the pound posted-up here. Have a read here and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

sadaboutcars

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Hi,

Thanks so much for your reply.

You were right that the removal looked disproportionate, that is because I didn't have the full picture until an hour ago when I collected my car.

I made sure to be very civil to the attendant at the car pound, as there's no reason for me to take my anger out on him. So I paid the £305 which included one £65 PCN (for the date the car was towed) plus the towing fee and a day of storage.

(I find it crazy that they just snatch your car without telling you, if I happened to park around the corner it could have been weeks before I noticed it missing and it might have been when I needed to use it most.)

He showed me the file they held on my car that was stamped in red something like "repeat violator" I can't remember the exact wording and after talking to him further he revealed that I had a further six PCN's all issued in the last ten days. I immediately thought that someone must have been removing them from my car but when He let me into the lot to retrieve my car there was a stack of PCN's under the wiper.

I have a view of my car on the street but it seems that from my kitchen window a tree branch was blocking the part of the windshield where the tickets were sitting. So although I see my car from afar everyday, I did not see the PCNs. Also, I have not driven since June.


In summary, the penalty for me forgetting to renew my permit and for not noticing the PCNs has now totalled £305 + 6 x 65 = £695. That does not include the ULEZ charge I will have to pay driving home today.

It seems I'm at fault here but if anyone has any ideas of how to reduce this I would very much appreciate that.

I've made some pretty terrible financial blunders this year. I would be happy to post the location, and all the paper work but if there's no hope for my case then I will just get to paying these.

Thanks again

sadaboutcars

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PS, out of the stack six PCN's that he told me were outstanding I only found five on my car. But he gave me the PCN numbers so that I can look them up online.

sadaboutcars

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Here is the paperwork from the pound. https://imgur.com/a/sJBOU5O
(Don't think that the car make reflects my disposable income. It is a 1991 model I paid £1650 for many years ago.)

I've been doing a bit more research and found that when multiple PCNs are issued for one contravention sometimes the total penalty can be considered exorbitant.

Is this my best angle of approach? I'm still within the 14 day challenge period, my concern is that if I challenge now I may end up having to pay £130 per PCN if I loose my appeal?

sadaboutcars

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Here is a search in my email showing a history of permit expiration reminders. There was no reminder this year: https://imgur.com/a/kfolNeB

stamfordman

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Do a list of all the PCNs and include the dates and contraventions/codes and note the one that was used to impound the car. 

sadaboutcars

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sure, here's a list, I noticed something strange here about the one on the 25th and how the numbers make it seem like it was issued after the one on the 26th?

TT57609862 £65.00 SHD484X Issued 23/07/2024 Collingwood Street
TT57610271 £65.00 SHD484X Issued 26/07/2024 Collingwood Street
TT57633379 £65.00 SHD484X Issued 25/07/2024 Collingwood Street
TT57633550 £65.00 SHD484X Issued 29/07/2024 Collingwood Street
TT57636242 £65.00 SHD484X Issued 30/07/2024 Collingwood Street
TT57666935 £0.00 SHD484X Issued 31/07/2024 Collingwood Street (impound PCN, paid)

Also, in case it's relevant I challenged this one back in december, was not notified of a decision and then had to do a witness statement to say I was not notified. So it is still outstanding:

TT56540975 £130.00 SHD484X NTO/Enf. Notice Sent 20/12/2023 Collingwood Street

Contravention codes are all 12R
« Last Edit: August 02, 2024, 03:47:01 pm by sadaboutcars »

stamfordman

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It's hard to see much to go on - they gave you over 2 weeks after permit expiry before issuing PCNs and we've seen a lot more than five issued before impounding but I suggest asking for discretion due to an oversight in not renewing and it seems you didn't get a reminder - have you checked spam/junk mail? You may get some if not all cancelled. 

It's madness not to check a car every few days in London because bays are often suspended especially in boroughs such as Tower Hamlets.

Is there a reason why you didn't check the car/signs?

sadaboutcars

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Hi,

Yes I checked spam and trash as well. No reminder this year.

I can see my car from the window of my flat. If there was a suspension planned it would be clear from there. Unfortunately I did not see the PCN's from my window.
 

When I leave the house I never go in the direction where my car is parked. I know I'm at fault but without a reminder the tally of all the fees seems excessive.

But also I spend large amounts of time out of town for work or travel. So sometimes I just can't be around to check.

What's madness to me is that the council can't link a reg + ticket to the owner so that people get notified by email when they receive a PCN.


H C Andersen

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OP, I know what I say might sound harsh, but its purpose is to give you focus.

Unless the council have regularly sent emails, let's say for the past 3 years but without prior notice did not do so this year, then it's no-one's fault but yours.

Also, adjust your perspective pl. All the CEO knew, and all the council know until you engage with them, is that a 33 year-old car with an expired resident's permit was parked in a short-supply resident's parking place for which residents, through the permit system, pay the council to enforce in order to maximise their chances of being able to park somewhere near their homes.

Of course they removed your car.

IMO, there's no responsibility or liability which attaches to them for doing so if they followed procedure.

I can't see any docs in your link - these are needed in order to examine the propriety of the PCN and removal.

As regards the other PCNs, the 14-day discounts expire progressively from 5-12 August. This means that you cannot be considered a 'persistent evader' and raises the question of why remove after the 6th PCN. This is for the authority to justify.


PallasAthena

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I live in Tower Hamlets and they are still sending out renewal emails for resident permits about 4 weeks before  expiry/renewal date. I just got my email and renewed online no problem.  It's an automated reminder system so I don't think they can 'forget' you as such but emails do sometimes disappear into cyberspace never to be seen again by no fault of either sender or receiver.  So I keep a diary reminder separately.

The email address they use is whatever you have registered in their 'parking permit portal' so it might be worth you logging in to your account and looking in My Account>View my details to check what email address is listed.
« Last Edit: August 02, 2024, 06:13:32 pm by PallasAthena »

H C Andersen

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Good local knowledge.

So OP, we must look at probabilities. Would the council be able to show that a reminder email was sent to your registered email account in time?

IMO, probably.

But the key question remains: why remove after PCN 6? Why not after 2, 3, 4 etc?

sadaboutcars

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OP, I know what I say might sound harsh, but its purpose is to give you focus.

Unless the council have regularly sent emails, let's say for the past 3 years but without prior notice did not do so this year, then it's no-one's fault but yours.

Also, adjust your perspective pl. All the CEO knew, and all the council know until you engage with them, is that a 33 year-old car with an expired resident's permit was parked in a short-supply resident's parking place for which residents, through the permit system, pay the council to enforce in order to maximise their chances of being able to park somewhere near their homes.

Of course they removed your car.

IMO, there's no responsibility or liability which attaches to them for doing so if they followed procedure.

I can't see any docs in your link - these are needed in order to examine the propriety of the PCN and removal.

As regards the other PCNs, the 14-day discounts expire progressively from 5-12 August. This means that you cannot be considered a 'persistent evader' and raises the question of why remove after the 6th PCN. This is for the authority to justify.

Hi, Yes they have been sending me reminders by email every year and this year they have not. My screenshot shows this in my email.

Not sure why you can't see either of my links? I tested both of them on Chrome and TOR and they do work.

I think I understand what you are saying about the persistent evader, so none of the PCN's in the last 10 days would count towards this? Is that what you mean? If so they must have been referring to the one from December that I challenged, filled a witness statement on and is still not updated in their system.

sadaboutcars

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I live in Tower Hamlets and they are still sending out renewal emails for resident permits about 4 weeks before  expiry/renewal date. I just got my email and renewed online no problem.  It's an automated reminder system so I don't think they can 'forget' you as such but emails do sometimes disappear into cyberspace never to be seen again by no fault of either sender or receiver.  So I keep a diary reminder separately.

The email address they use is whatever you have registered in their 'parking permit portal' so it might be worth you logging in to your account and looking in My Account>View my details to check what email address is listed.

Hi, I did as you suggested and checked my account details on the tower hamlets permit site. My email address is there and is correct. The screenshot I shared showed all the other permit reminders I have received going back to 2021.
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