Author Topic: PCN 11u issued in Waltham Forest and the car towed.  (Read 553 times)

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PCN 11u issued in Waltham Forest and the car towed.
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Hi,

I was issued a PCN for parking in a bay without payment of the parking charge and the car was towed. The details on the ticket are 11u Parked without payment of the parking charge (electronic payment).

I have a resident’s parking permit for the area, unfortunately the spaces I usually park were all full and I ended up parking in this space. Half of the spaces there were for resident’s permit holders and a couple of spaces that are paid parking spaces. I have moved into the area a month ago and didn’t notice there were a mixture of paid and resident permit holder spaces. It was a genuine mistake I made and should have looked at the signs carefully, which turned out to be an expensive lesson for me.

The car was given a PCN in the morning, around 11:45 when I went to move it to a bay where I usually park the car and closer to the flat I found the car was missing. After panicking for a few minutes, I called the Walthamstow council and was told the car was towed and is on the way to the pound and I should collect it from there. I paid the charges of £240 and had my car released.

I have attached the PCN issued. Are there any grounds to appeal these charges. Would appreciate any help.

Thank you



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Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #1 on: »
I'm very surprised they towed the car away when you are a resident and permit holder, and also merely for non-payment. A PCN would have sufficed, so this is exceptionally venal and rapacious treatment.

If there is any good news, it is that you have already now paid all there is to pay, so it is a no-brainer to take this rapacious council all the way to London Tribunals. If you win you get all the money back although I doubt you'd get that, but possibly the tow fees as this seems a disgracefully disproportionate penalty for what is a minor parking error.

So your first step now is to submit representations stating, essentially, what you have told us, and point out the the penalty seems very disproportionate for a simple parking mistake, bearing in mind you are a resident and a permit holder. Post up their reply when you get it
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Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #2 on: »
Thank you @Incandescent for the reply. Can you please point me where and how I can submit representations as this is pretty much my first penalty notice albeit an expensive one with the towing charges included and my first experience of resident parking permits too.

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #3 on: »
Thank you @Incandescent for the reply. Can you please point me where and how I can submit representations as this is pretty much my first penalty notice albeit an expensive one with the towing charges included and my first experience of resident parking permits too.
This info should be on your PCN, or somewhere in the documents given to you when you collected the car from the pound. It's always best to submit your reps on-line.

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #4 on: »
In the 2016 policy doc we have Waltham Forest strangely puts a pay bay contravention as a top priority for removal.

I say strangely because all contraventions in pay bays are set as a lower level less serious contravention (here £80 penalty not £130).

This is a point to challenge.


Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #5 on: »


I have been issued the attached PCN and details on how to make a representation for parking contravention 11u. It was a genuine mistake on my part where I thought all the bays were for resident parking with permits which I do have for the area.

I don’t mind paying for the PCN as it was a mistake on my part but feel the towing of the car was a bit too harsh specially when I have recently moved to the area.

What option do I need to select for the CLamp/ Removal Representation and is there an option to do this online or is it only postal option to The Parking Control Office, PO Box 74924, London E17 0UG

Or should I make the representation for the PCN too where there is an online option at www.walthamforest.gov.uk/ocm.

What are the chances of having a positive outcome and the best points to highlight in this situation. Sorry for repeating the details as this is completely new to me and don’t want to send a representation out by making some rookie mistakes.

Thank you all for your time

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Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #6 on: »
Sorry added the PCN here as I was going over the limit in my earlier message.

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Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #7 on: »
Please post up a GSV link to where you were parked. And are signs on GSV still current?

There are no photos on the Council website presumably because you had to pay the PCN.

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #8 on: »
The photos are available on the council website. It takes about 4-5mins for them to load as they have uploaded 104 photos on there. Not sure if it is normal 😲

I will try to download a couple and attach them here.

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #9 on: »
104 photos  ???
are you sure there aren't lots of copies?
Quote from: andy_foster
Mick, you are a very, very bad man

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #10 on: »
Not sure about duplicates, but even to view a photo it is so slow that it takes 4-5 mins to load after clicking on it. I was shocked that they had the time and patience to upload all of those tickets for parking in a paid parking bay that was next to a resident’s bay and then towing it away to charge an extra £200.

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #11 on: »
I managed to get a couple of screenshots that show the sign.



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Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #12 on: »
Please post up a GSV link to where you were parked. And are signs on GSV still current?

There are no photos on the Council website presumably because you had to pay the PCN.

I have paid both the PCN and tow charges on the day and got my car released. I was told to appeal after paying the charges as the charges keep on increasing for storing the car in the pound.

Now I am checking to see if there is a way to get at least part of the charges back or the best options I have. Please bear with me with me I am not making much sense.

Thank you

Re: PCN 11u issued in Waltham Forest and the car towed.
« Reply #13 on: »
As I said impounding for a lower level penalty is disproportionate but we can't say it's not or wasn't in their policy.

The bay is a 15 minute bay and they looked to have observed for 30 mins before towing but the bay hours run out at 13:00 before resuming again at 1400-1600 - odd timing.

Unless we can find something such as an issue with the traffic order all you have really is reps on proportionality, and it's possible the adjudicator may make a recommendation to refund the tow while refusing the appeal. But this is unlikely.