Free Traffic Legal Advice

It looks like you are beyond the end of the bay, but there's no clear photo showing this.
Removal after such a short time seems excessive, but I'll let others comment on this aspect.


[ Guests cannot view attachments ]

This is a disgraceful, predatory tow by Waltham Forest - there is no traffic management purpose in towing a vehicle no longer in contravention after a minor  incursion onto a single yellow that is restricted for one hour only.

I wonder if their power to remove still applies if the vehicle is no longer in contravention and is not a repeat offender.

All you can do is make reps and follow it up with a tribunal appeal as you cannot pay any more.

I can't be sure they have painted the yellow line in anything but an arbitrary way as there are no designated parking places here other than disabled bays - it's not a controlled zone. 

This is a disgraceful, predatory tow by Waltham Forest - there is no traffic management purpose in towing a vehicle no longer in contravention after a minor  incursion onto a single yellow that is restricted for one hour only.

I wonder if their power to remove still applies if the vehicle is no longer in contravention and is not a repeat offender.

All you can do is make reps and follow it up with a tribunal appeal as you cannot pay any more.

I can't be sure they have painted the yellow line in anything but an arbitrary way as there are no designated parking places here other than disabled bays - it's not a controlled zone. 

Agree on the predatory removal; this council must be the most ruthless and rapacious in all of London ! 

However, the contravention is made out as the photos show. A PCN would have sufficed, so one does have to ask what is going on between the tow truck crewe and the CEO. If the tow company are paid per tow, then getting a sympathetic CEO on board will facilitate the tow company maximising their income. I bet the council won't reveal the contract terms !

Best thing is to take them all the way to London Tribunals, because everything that has to be paid is already paid, and there are no additional costs. However, OP must first submit reps to the council.

Thanks both, for the pictures and advise - it is much appreciated. I will be submitting reps and taking this all the way to the London Tribunals.

Is there any language you recommend I should include when submitting reps please?

Draft something and post here first.

I see now they lifted the car at 10:35 so when it was in contravention.

I would ask them to give their traffic management reasons to remove a vehicle that was in a minor contravention in a 1 hour restriction.

I would also ask for the traffic order that establishes the yellow line to the exact extent it exists as paint.

Stress you are a resident.

Thanks, that's helpful as have never written one of these! How does the below look?

Dear Sirs,

RE: PCN FR65342834 VRM OO56MDP

I write to make a formal representation against the towing of my vehicle.

What is the traffic management reason to remove my vehicle that was in a minor contravention in a 1 hour restriction? It is hard to comprehend the removal after such a short amount of time, on the first PCN occasion.

I am a resident of Beresford Rd and parking has become a challenge on my own street. Beresford Rd is now being used by high street shoppers for free parking following the scrapping of 15 min free parking on Station Rd.

Regards,

This what I've come up with. Wait and see if others agree. Whatever, there is nothing to lose by taking this to adjudication.

--------------

I write to make representations against the PCN and towing of my vehicle.

I am a resident of Beresford Road and parked in good faith in a parking bay not realising that there was a minor encroachment on the single yellow line. This was a trivial transgression and barely worthy of a PCN.

It certainly does now justify the impounding of my car.

I put you to three tests to justify the PCN and tow:

1. Please supply the traffic order that details the extent of the yellow line to the exact metre/centimetre where it meets the unrestricted parking bay.

2. Please explain why a contravention of a waiting restriction was given instead of a minor one of being outside of bay markings, as the great majority of my car was in the parking bay.
 
3. Please provide the traffic management purpose in removing my car from this very minor contravention.

Please bear in mind that this yellow line is restricted to one hour and in a matter of minutes after impounding my car it would have no longer been in this minor contravention.

When considering the traffic management purpose, I also direct you to the Department of Transport’s Statutory Guidance for Local Authorities in England on Civil Enforcement of Parking Contraventions, which states:
Immobilisation and removal activity should only take place where it gives clear traffic management benefits.

I also further direct you to the same guidance and request you supply the following guidelines and whether the CEO was appropriately trained:
An enforcement authority should formulate and publish clear guidelines for CEOs on when it will be appropriate to use immobilise or remove.
The guidelines should cover the order of priority in which vehicles should be dealt with, based on the nature of the contravention. Powers should not be used randomly, and authorities should draw up guidelines in consultation with the police.
The decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must only be taken following specific authorisation by an appropriately trained CEO.

As a local resident I am naturally upset my council has carried out what seems to me to an unjustifiable use of its powers to remove my car.

I look forward to your review of my case and a positive outcome for me.

Thank you so much. This has been incredibly helpful.

You might be surprised to hear that my friends at Waltham Forest have rejected my appeal. [Letter]

I will be taking this to tribunals and need your help once again please.

(1) Which of their proposed 'limited grounds' would you deem most appropriate to select?
(2) Details of appeal - can I use the same content as above?

OP, look at your timeline again pl:

Timeline 1 May

10.03: PCN issued
10.36: Authorised for Removal
12.22 (approx): Towed and sent to vehicle pound - this time was on TRACE London from memory, but has since been updated as I have collected vehicle.
15.49: Paid full amount of £360 for vehicle to be released from pound

There is a photo showing the car lifted OFF the road timed at 10.34. How could it have been removed 2 minutes before being 'authorised' at 10.36!

An enforcement authority should formulate and publish clear guidelines for CEOs on when it will be appropriate to use immobilise or remove.

The guidelines should cover the order of priority in which vehicles should be dealt with, based on the nature of the contravention. Powers should not be used randomly, and authorities should draw up guidelines in consultation with the police.

The decision on whether to immobilise or to remove a vehicle requires an exercise of judgement and must [footnote 21] only be taken following specific authorisation by an appropriately trained CEO.