Author Topic: Waltham Forest, 21s Parked wholly or partly in a suspended bay or space, Cecil Road, Permit Holders only bay  (Read 150 times)

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preciousb

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Good afternoon all,

If anyone can help with some good points or advice to help me with the following please, I'd be so grateful:

WALTHAM FOREST COUNCIL
Cecil Road - Wednesday 09/04/25
CONTRAVENTION: 21s Parked wholly or partly in a suspended bay or space

- Saw ticket + clamp / removal notices on Thursday 10/04/25.
- No notice of suspension was given through signage and I can't find any public announcements.
- Sign wasn't there when I parked around 8.30pm the previous evening.
- Looking at the images of my car (link below), the sign was not there when I parked around 8.30pm the previous evening (Tuesday night).
- Someone living on the road said she saw them move my car from where I'd parked it further up the road on Tuesday to where I found it on Wednesday.

Streetview location:
https://maps.app.goo.gl/SAar1ViRmUUeYHF77

Images:

Ticket 1 - https://drive.google.com/file/d/1kYYjDQMAoBs2AhBDvWiRgIS1kdKYFOWQ/view?usp=sharing

Clamp removal notice / Re-positioned notice - https://drive.google.com/file/d/1kYILED-Nd-YaV7YVhRXoMnQ36hKCTQV3/view?usp=sharing

Images of car on the day can be viewed here:
https://walthamocm.itsvc.co.uk/

Thank-you!
« Last Edit: April 11, 2025, 02:41:31 pm by preciousb »

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stamfordman

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The council's pics are coming up very slowly - I'll have a look later.

So they relocated the car rather than impound it - are you a resident permit holder?
« Last Edit: April 11, 2025, 05:49:38 pm by stamfordman »

stamfordman

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There are about 60 pics but one shows your car right by the suspension sign on a parking sign post. It seems unlikely it went up after you parked at 20:30 the night before but possible. As the drivers side was right by the post it would seem unlikely to have missed it.

The contravention is technically wrong as it's a permit bay not a shared use bay.


« Last Edit: April 11, 2025, 08:47:24 pm by stamfordman »

preciousb

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The council's pics are coming up very slowly - I'll have a look later.

So they relocated the car rather than impound it - are you a resident permit holder?

Thanks for having a look. Yes I'm a resident permit holder and they relocated the car. A neighbour saw them do it as she ran out to stop them from taking hers. She's actually in the background of the pictures so she was definitely there. Unfortunately she didn't know me at the time but has my number now! Apparently there were 2 or 3 other cars taken before mine to be impounded, but mine got left as there was no space for them to take it - thank God! I'm definitely grateful for that.


There are about 60 pics but one shows your car right by the suspension sign on a parking sign post. It seems unlikely it went up after you parked at 20:30 the night before but possible. As the drivers side was right by the post it would seem unlikely to have missed it.

The contravention is technically wrong as it's a permit bay not a shared use bay.





Ye I was shocked at how many pictures they took myself. The sign definitely wasn't there the night before on the Tuesday. There were 1 or 2 signs further down the road but not where I parked or anywhere near it. I intentionally looked up and around to check at the time. A neighbour confirmed more signs were put up as they weren't there the day before they came.

So with it being a permit bay and not a shared use bay should I appeal based on that?

stamfordman

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Were you definitely outside 11-17.

Waltham Forest likes towing to its pound so that they relocated instead could mean they forgot to sign that post. Or it could mean their pound was full.


preciousb

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Were you definitely outside 11-17.

Waltham Forest likes towing to its pound so that they relocated instead could mean they forgot to sign that post. Or it could mean their pound was full.

Yes I was directly outside number 11. That sign post is in-between house numbers 11 and 13.

stamfordman

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You're a resident permit holder but not a blue badge holder? They don't impound cars with blue badges.

preciousb

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You're a resident permit holder but not a blue badge holder? They don't impound cars with blue badges.

I am a blue badge holder yes. Interesting...I didn't know that

stamfordman

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I presume the BB was on display - I haven't checked all the pics.

If so this only tells us you were in contravention but they couldn't impound but only relocate.

If you are adamant there was no suspension sign right by you when you parked you can say this is the case and ask for cancellation. And see what they say.

preciousb

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I presume the BB was on display - I haven't checked all the pics.

If so this only tells us you were in contravention but they couldn't impound but only relocate.

If you are adamant there was no suspension sign right by you when you parked you can say this is the case and ask for cancellation. And see what they say.

I have a Blue Badge resident permit so don't have to display a Blue Badge. This has happened before so I'm worried they won't budge like last time tbh but I'll try that then. Thank-you.

stamfordman

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They will have checked the online permit type and then abandoned impounding.

What happened before?

Councils do sometimes put up suspensions very late in the day but here it's just a few hours. Do you recall actually looking at the sign?

As a blue badge holder you also have a higher call on discretion.


preciousb

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They will have checked the online permit type and then abandoned impounding.

What happened before?

Councils do sometimes put up suspensions very late in the day but here it's just a few hours. Do you recall actually looking at the sign?

As a blue badge holder you also have a higher call on discretion.

Oh ok.

Previous situation - 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/

There was no sign where I parked. I'm 100% sure about that. I just wish I'd taken a picture of that pole when I parked now.

stamfordman

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So you parked, saw the usual parking sign and that's it.

Draft a challenge and post here.

preciousb

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So you parked, saw the usual parking sign and that's it.

Draft a challenge and post here.

Ok sure. Please see draft below:



Challenge to Penalty Charge Notice (PCN) FR62791853 - Vehicle Registration EK18DZX

Dear Waltham Forest Council Parking Services,

I am writing to formally challenge the Penalty Charge Notice (PCN) FR62791853 issued for the alleged contravention of "21s Parked wholly or partly in a suspended bay or space" on Cecil Road on Wednesday, 09/04/2025.

I believe this PCN has been issued incorrectly for the following reasons:

1. Lack of Adequate Signage: I parked my vehicle on Cecil Road at approximately 8:30 PM on Tuesday, 08/04/2025. At this time, there was no visible yellow sign or any other indication that the parking bay was suspended. I carefully checked for parking restrictions before leaving my vehicle and found none. I only became aware of the suspension and the PCN when I saw the ticket and clamp/removal notices on Thursday, 10/04/2025.

2. No Prior Notice of Suspension: I did not receive any prior notification of the suspension of this parking bay, either through on-street signage at the time of parking or via any public announcements. As a responsible motorist, I rely on clear and visible signage to understand parking regulations. The absence of such signage at the time of parking renders the enforcement of this suspension unfair and potentially unlawful.

3. Unauthorised Movement of My Vehicle: I have spoken with a resident of Cecil Road who informed me that they witnessed my vehicle being moved from its original parking location further up the road on Tuesday to the location where I found it on Thursday afternoon. If my vehicle was moved by council personnel or their agents after I had parked it legally (due to the absence of suspension signage), then the subsequent PCN for being parked in a suspended bay at the new location is invalid. The council cannot penalise me for being parked in a location to which my vehicle was moved without my knowledge or consent, especially if the bay was not clearly suspended when I initially parked.

4. Blue Badge Holder Status: I am a registered Blue Badge holder. While I recognise that Blue Badge holders are not exempt from suspended parking restrictions, the fundamental issue here is the lack of clear and visible notification of the suspension at the time of parking. My Blue Badge entitles me to certain parking concessions where permitted, and I would have adhered to any clearly displayed suspension notice. However, without such a notice being present when I parked, I had no way of knowing the bay was suspended.

5. I cannot comply with restrictions that are not clearly communicated at the point of parking. While I acknowledge that a suspension may have been in place, its validity concerning my vehicle depends on whether adequate and timely notification of this order was provided to motorists. The absence of a visible yellow suspension sign at the time of parking directly contradicts the requirement for clear communication of such restrictions.

6. I request photographic or other evidence demonstrating the presence and clear visibility of the suspension sign at approximately 8:30 PM on Tuesday, 08/04/2025.

Based on the lack of visible suspension signage at the time of parking, the alleged unauthorised movement of my vehicle, and the absence of prior notification, I respectfully request that this Penalty Charge Notice be cancelled. I look forward to your prompt response and a fair reconsideration of my case.

stamfordman

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It's an informal challenge at this stage and is far too long and confrontational.

Just say you parked right by the parking sign with the driver's door next to the sign and there was no suspension sign on the post at about 8:30pm the evening before and ask them to check if a late sign was put up, in which case you parked legally and the PCN must be cancelled.

You haven't lost anything with the relocation (which was authorised by the PCN) but remind them the car has a BB permit.

Their policy does say about BB holders:

If removal is absolutely necessary, and the driver of the vehicle cannot be located within a reasonable time, the vehicle will be moved to a position nearby where there is no hazard or obstruction.

So were you at home at the time.

Wait for others to comment as there may be something else