3. Waltham Forest - 02a Parking in restricted street - Clementina Road E10
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Waltham Forest - 02a Parking in restricted street - Clementina Road E10
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On Wednesday 26th June I went away with my partner and friends to Glastonbury Festival in Somerset, returning on Monday 1st July. We travelled in a friend's car to save on petrol, so my car was parked outside our house on Clementina Road E10 7PD for the duration while I was away.

Upon returning in the afternoon of 1st July, there were dozens of yellow 'No loading' signs on every lamppost on the street with Parking Bay suspension notices on. They stated there was no parking permitted on Clementina Road, as well as several other nearby streets between 07:00-13:00 on Monday 1st July. When we left the street on Wednesday 26th June around 10am, the parking suspension signs were not up. Speaking to neighbours, it appears they were put up on Wednesday 26th June sometime after we left.

Our car was towed at roughly 08:00am on 1st July and taken to an impound, so we were charged a total of £265. £200 for removal fee, and £65 for the PCN. We've paid this in order to get the car back, but feel we've been unduly charged due to it being outside of our control - especially with the parking suspension notices having gone up after we left, and it only being 6 days notice at best.

I have confirmation emails for my Glastonbury ticket, as well as the actual ticket with my name on but there's no further evidence of us being away besides several hundred photos of me at the event.


Google Maps of where car was parked:
https://maps.app.goo.gl/D42TSruzabDsRUKm9



« Last Edit: July 09, 2024, 10:08:17 pm by Clementine »
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Re: Waltham Forest - 02a Parking in restricted street - Clementina Road E10
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Well, if there is any good news, it is that it is a total no-brainer to submit representations and if they refuse them, to take them to London Tribunals.  This is because in recovering your car from the pound you have paid all there is to pay, and could get all or some of it back. There are no additional costs in appealing to London Tribunals. If you lose, you've already paid the money.

I'm not sure what how to form your reps, but two things to definitely include: -

1. Your car was legally parked when you left it on 26th June

2. Notice of the suspension was inadequate, bearing in mind the suspension was for the following Monday 1st July. The reason for the suspension was for work that would have been planned weeks ago an far more notice of the suspension could therefore have been given.

Appeals at London Tribunals on the above basis have won in the past. Others on here may be able to offer a compelling narrative as your appeal at London Tribunals.
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Re: Waltham Forest - 02a Parking in restricted street - Clementina Road E10
« Reply #2 on: »
Thanks Incandescent. Appreciate the advice!
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Re: Waltham Forest - 02a Parking in restricted street - Clementina Road E10
« Reply #3 on: »
For information, the PCN is for parking in a street where waiting and loading restrictions were in effect(temporary traffic order). Therefore this 'suspension' was achieved through a Temporary Traffic Order(TTRO). 

Presumably, the council wanted to introduce a blanket restriction for parking bays(known as 'suspending a statutory provision'), unrestricted lengths of street and other areas, so a TTRO is the easiest solution.

But it carries its own set of procedural requirements in addition to the  niceties of the TMA regs and this is often fertile ground for finding errors.

By way of example:

(8) When the order has been made, the traffic authority shall comply with the requirements of Part III of the Schedule to these Regulations (traffic signs).


When we see their photos we'll have a clearer idea whether they did. Pl post the photos. I somehow doubt they would have and the absence of any reference to the TTRO in the sign and the fact they used the term 'suspension' suggests as much.

Edit - just seen this thread: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/waltham-forest-code-02a-temporary-traffic-order-cecil-road-permit-holders-only-b/

As suspected, I doubt they have complied in your case as they haven't in this one.
« Last Edit: July 11, 2024, 04:30:52 pm by H C Andersen »
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  3. Waltham Forest - 02a Parking in restricted street - Clementina Road E10