3. Tower Hamlets Code 01 restricted street
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mama4

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Tower Hamlets Code 01 restricted street
« on: July 12, 2023, 12:21:48 pm »
Hi all, there was an event going on around the corner from my home (Sunday), as a result the surrounding streets were jam packed with cars, after driving up and down my street I managed to find a space on a single yellow line between 2 cars but forgot to move it in the morning, I went out annoyed that I'd probably have a parking ticket on my car but I accepted it, to my surprise it wasn't there, I called my husband to ask if he has moved it but he hadn't, so I decided to check the local pound, low and behold they had taken it about an hour and a half ago.


I have a very strong feeling that this was revenge for winning my appeal against the last parking ticket. I'm not bothered about paying for the parking ticket as this was my error but I feel that towing the car away was so unfair because I always see cars parked on single yellow lines in restricted hours that just get a parking ticket.

Here is the information I found when I checked to see if my car was towed:

https://www.flickr.com/photos/198409017@N02/53036310568/in/dateposted-public

https://www.flickr.com/photos/198409017@N02/53036218580/in/dateposted-public

They have given me a the PCN and letter on how to make representations against removal of vehicle.

PCN front:
https://www.flickr.com/photos/198409017@N02/53036153671/in/dateposted-public/

PCN back:
https://www.flickr.com/photos/198409017@N02/53035592412/in/dateposted-public

Parking ticket online viewer:
https://www.flickr.com/photos/198409017@N02/53036337314/in/dateposted-public

Representations against removal form front:
https://www.flickr.com/photos/198409017@N02/53035582737/in/dateposted-public

Representations against removal form back:

https://www.flickr.com/photos/198409017@N02/53036159271/in/dateposted-public

I've also claimed for damages as they kindly added more scratches to the ones that were already there.

Any help will be much appreciated.
« Last Edit: July 12, 2023, 02:06:25 pm by cp8759 »
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cp8759

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Re: Tower Hamlets Code 01 restricted street
« Reply #1 on: July 12, 2023, 02:13:36 pm »
Draft representation:

Dear London Borough of Tower Hamlets,

I challenge liability for PCN TT55657591 because there has been a procedural impropriety. Regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that:

Representations about a removed vehicle
11.—(1) This regulation applies where, in relation to a vehicle found in a civil enforcement area for parking contraventions and removed under regulations made under section 99 of the RTRA 1984(1), a person (“P”)—

(a) is required to pay an amount on recovery of the vehicle under section 101A(1) of that Act(2),
(b) receives a sum in respect of the vehicle under section 101A(2) of that Act,
(c) is informed that the proceeds of sale of the vehicle did not exceed the amount of the relevant charges(3), or
(d) is informed that the vehicle was disposed of without there being any proceeds of sale.

(2) P must, immediately upon the happening of the occurrence referred to in paragraph (1), be notified, in writing—
(a) of their right to make representations to the enforcement authority in accordance with this regulation, including the effect of paragraphs (3) and (4),

Upon release of the vehicle I was not provided any information about the right to make representations under the 2022 regulations, that is a procedural impropriety on the basis of which the penalty charge must be cancelled.

Yours faithfully,



Put this in a PDF to preserve formatting / indentation, and upload it to the council website as an attachment. Make sure to keep a screenshot of the confirmation screen.
« Last Edit: July 12, 2023, 02:18:03 pm by cp8759 »
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

mrmustard

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Re: Tower Hamlets Code 01 restricted street
« Reply #2 on: July 12, 2023, 10:20:30 pm »
Doh, I just read the representations form, cheered when I saw the refernece to 2007 and then found CP8759 had beaten me to it. +1 to what he has written.

Considering Waltham Forest have redesigned this form because of my previous representations it is a poor show by them but to the benefit of the motorist in this case.
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I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

mama4

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Re: Tower Hamlets Code 01 restricted street
« Reply #3 on: July 13, 2023, 04:29:50 pm »
Thank you! Does it matter whether I make representation via the website given on the back of the PCN or via the email provided on the Representations against removal of vehicle letter?
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mrmustard

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Re: Tower Hamlets Code 01 restricted street
« Reply #4 on: July 13, 2023, 05:06:03 pm »
I would use email as you should get a delivery receipt and you may be able to also set a read receipt?

derek
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I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

mama4

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Re: Tower Hamlets Code 01 restricted street
« Reply #5 on: July 13, 2023, 08:55:26 pm »
Thanks for your reply, I already sent via their website though, took screenshots and also received an email confirming that they have received my representation. Now the waiting game.
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TwistedEdge

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Re: Tower Hamlets Code 01 restricted street
« Reply #6 on: July 22, 2023, 02:52:33 am »
hi, I'm facing a similar issue here, so watching this thread to see how you get on.

It feels like Tower Hamlets have gone on an all out offensive to tow everyone they can lately!  ::)
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mama4

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Re: Tower Hamlets Code 01 restricted street
« Reply #7 on: July 25, 2023, 04:19:35 pm »
Hi all, so they have rejected my representation, I believe I can appeal straight away using a code in the letter.

Here is the rejection letter I received via email and will probably receive through the post shortly, they seem to think it is sufficient that "further information is available online" assuming they mean the correct information:
https://www.flickr.com/photos/198409017@N02/53071078148/in/dateposted-public

https://www.flickr.com/photos/198409017@N02/53071078143/in/dateposted-public

https://www.flickr.com/photos/198409017@N02/53070576871/in/dateposted-public

My question is should I just forward the same representation to the adjudicator?
« Last Edit: July 25, 2023, 04:31:48 pm by mama4 »
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mrmustard

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Re: Tower Hamlets Code 01 restricted street
« Reply #8 on: July 25, 2023, 06:18:13 pm »
I would suggest that given the technical nature of the Appeal which needs to be run that you ask either CP8759 or myself to start and run your tribunal Appeal. It costs nothing and improves your chances. If you want me to assist you please send me unredacted copies of all the paperword given to you at the pound, the representations and the Notice of Rejection by email to ddishman@creditlimits.co.uk
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I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

cp8759

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Re: Tower Hamlets Code 01 restricted street
« Reply #9 on: July 25, 2023, 09:29:40 pm »
Quote from: mama4 on July 25, 2023, 04:19:35 pm
My question is should I just forward the same representation to the adjudicator?
Absolutely not, this can lead to disaster as illustrated by this case: http://forums.pepipoo.com/index.php?showtopic=149680

I suggest you ask either myself or Mr Mustard to represent you.
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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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

mama4

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Re: Tower Hamlets Code 01 restricted street
« Reply #10 on: July 26, 2023, 08:52:05 am »
Okay, I will send all documents to the email provided by Mr Mustard.

Thanks to you both!
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mama4

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Re: Tower Hamlets Code 01 restricted street
« Reply #11 on: August 02, 2023, 12:22:50 am »
I have emailed you Mr Mustard. I forgot to send the representation but I have emailed that through now also.
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