Thanks for all the responses and for locating the photos - I found them this morning but hadn't had a chance to post yet. Agreed that if the signs were there when I parked I won't have a case re the PCN, but good to know I can still argue that the tow was unnecessary. I also can't read what it says on the signs and whether the bay was only partially suspended (in which case the area I was in might not qualify) or fully suspended or what date the signs were posted.
Regarding the tow and the timing of the tow, I got I letter in the mail today notifying me that the car had been removed with the sentence "This letter gives notice under Regulation 12... that the London Borough of Tower Hamlets removed the above vehicle from Southern Grove on 18/11/2024 at 09:56 in accordance with Regulation 5C of the Regulations." This throws into question the timing of the tow (since the photos are timestamped differently) and whether they left any time between the PCN being given and the tow being done, which I take it would lend credibility to the tow to the pound being a disproportionate reaction compared to for example relocating the vehicle to the other side of the street.
Three main questions:
- Regarding the details of the signage not being legible and the date the signs were posted - I take it I should get this info (by emailing tickets@towerhamlets.gov.uk?) in advance of making representations, or is this something I request in the representations themselves?
- @H C Anderson, could you clarify what you mean by "Was the suspension underpinned by a lawful order?" From the sign I think the suspension was for filming being done at the park. Online it says that requests for suspensions must be submitted a week in advance so the council can give residents notice. It says in exceptional circumstances (examples given are police, infrastructure, or utility emergencies) 3 days notice can be done with a Emergency Surcharge. I take it if the suspension was applied for less than a week in advance this would also give me leverage since filming is not an emergency. If the suspension is for more than 10 spaces (60 meters) 10 days notice is required - the parking bay they suspended is very long so this might apply in this scenario.
- Is there any recourse for the damage they did to my car in moving it?
Representations draft (pending additional info I'm collecting tomorrow by calling the phone number for filming suspensions):
Dear Sir/Madam,
I am writing to formally challenge the Penalty Charge Notice (PCN) issued to my vehicle (Registration Number: LP13 JYJ) on 18 November 2024 for being parked in a partly or wholly suspended bay.
I would like to submit the following points in my representation for your review and consideration:
- [NOTE: I'll potentially remove this once I know about when the signs were posted and on which lampposts] Uncertainty Regarding the Visibility of the Suspension Sign: I acknowledge that photos have been provided showing a suspension sign visible from the location where my vehicle was parked on the day it was removed. However, it is unclear whether this sign was present and visible at the time I parked. I did not see the suspension sign at the time of parking (prior to 18 November 2024). Given that I am not aware of the exact placement of the sign on the day in question, I respectfully request confirmation of the dates on which the suspension signs were posted.
- No Opportunity to Rectify the Situation: According to the PCN, my vehicle first ticketed at 09:56. On 27 November 2024 I received a letter notifying me of the vehicle removal, which states that the council "removed the above vehicle from Southern Grove on 18/11/2024 at 09:56". This indicates I had no opportunity to rectify the situation between the issuance of the ticket and the removal of my vehicle. In circumstances where a parking contravention is identified, it is common practice to allow the driver an opportunity to move the vehicle if they are able to do so, or at least be informed of the contravention promptly. The lack of such an opportunity in this case seems unjust, as I was unaware of the suspension and had no chance to move the vehicle before it was removed.
- Alternative Action Not Taken (e.g., Moving the Vehicle to Another Bay): Given that there was an available bay on the other side of the road, it would have been reasonable for the council to have considered moving my vehicle there rather than impounding it, especially since I was not informed of the suspension at the time of parking. I believe that removing my vehicle to the pound was an unnecessarily harsh action resulting in excessive storage fees.
- Excessive Storage Fees Due to Delayed Notification: Since I was not notified of the vehicle’s removal until a week later (letter received 27 November 2024), I was unaware that my car had been impounded and thus did not have the opportunity to prevent further storage charges. I use my vehicle on average once a week and spent two hours on the late evening of Monday 25 November believing my car had been stolen, searching surrounding streets for the vehicle in case I had misremembered the parking location, and walking to the Bow Police Station. This delay in notification has caused me undue financial hardship in the form of excessive storage fees. I request that the council take this into account and consider reducing or waiving these fees due to the delay in informing me about the vehicle’s removal.
- Damage to vehicle: Upon picking up my vehicle and returning home I identified a long scratch along the left side of the car, along with a shorter scratch below the handle, which were not present prior to the 18 Nov 2024 and which are not visible in the photos the council employee took prior to removing my vehicle. Therefore it can be assumed that this scratch happened either during the removal (e.g., scraped by tree branches when being transported) or while in storage at the impound lot.
- Mitigating Circumstances: I am a responsible vehicle owner, adhere to parking regulations, and have a parking permit for the area the bay is in. At the time of parking I was transporting my partner who was at the time recovering from an eye surgery causing him severe light sensitivity, so my priority had been to park ASAP in a bay I knew my permit covered and to get him home. Assuming suspension signs were present at the time I parked, this situation was an unfortunate oversight, and I request that the council take into consideration the unusual circumstances in which this incident occurred. I would appreciate any leniency you can offer, given that this is a first-time occurrence.
In light of the above points, I respectfully request that you cancel the vehicle removal and storage fees. I believe that the circumstances surrounding this incident, including the lack of opportunity to rectify the situation, damage to the vehicle, and the financial burden caused by the delayed notification, warrant the cancellation of the associated charges.