on 08 Sep, 2025 15:50 in Civil penalty charge notices (Councils, TFL and so on)
Since I have no experience in these matters, I'm going to use H C Andersen's template and add in the part about possibly being parked there from before the signs were erected. I'll send it before midnight today.The argument about the old sign not being covered seems to hold some weight. Though not compulsory, them having not covered it, adds some weight to my argument that the sign was far away and not visible. So if their records indicate that my car was NOT parked there at the time the suspension signage was erected, I could argue that their signage was inadequate (far away, too low, didn't cover original sign).Here's what I'll be sending, stamfordman or anyone else, please let me know if I should change anything.QuoteDear Tower Hamlets Parking Services,I make representations against the PCN and the removal and storage charges under the Traffic Management Act 2004 and the Civil Enforcement of Road Traffic Contraventions regulations.PCN: TT59832434VRM: FT04 EDLContravention code: 21 (parked wholly or partly in a suspended bay or space)Location: Blair Street (junction Abbott Road)PCN time: 08:34 on 11/08/2025Vehicle release: 13/08/2025Sums paid: £80 PCN (discount), £280 removal, £55 storage (total £415) – pound receipt attached.1.The penalty charge or other charge... circumstances of the case;2.Contravention did not occur.1. I hold a valid resident's permit and therefore the council, acting fairly and proportionately, should have sought to relocate my car in the area and not remove to a pound which increased my financial liability by over £200 i.e. more than doubling the penalty charge. I acknowledge that the sign states that vehicles in contravention may be removed, but removal is not synonymous with taking to a pound, removing to another place on a road being equally applicable.Additionally, your published Vehicle Removals & Relocations Policy for contravention 21 states that any vehicle recorded as being in the suspended area when the suspension notices were erected must only be relocated to the nearest lawful bay. If your records show my car was present when the signs were erected, removal to the pound was contrary to policy and disproportionate; relocation should have been used.If the authority reject these grounds then they must state in detail on what basis the council chose (on this occasion) or has chosen (as a matter of public policy) to remove my car to a pound and not simply to another place on a road.2. As regards the contravention, I notice from the authority's photos that there is a single parking place approx. 30m in length, that there was a single suspension sign in the parking place, that this was attached to the same post as and well beneath the only traffic sign in the bay, this being at the end of the bay and therefore approx. 27m from my car, that the suspension applied to the complete bay; and that at all times during the period of suspension this traffic sign was left uncovered by the council.This is wholly improper.The Department for Transport’s Traffic Signs Manual (TSM) Ch.3 advises that where a bay is suspended a temporary sign to diagram 640.1 should be used to cover the parking place upright sign (Figure 13-88) so that the restriction is properly conveyed to motorists using the bay. Whereas a motorist being parked at the end of the bay furthest from the sign, as I was, might not see the suspension sign because this could be obscured by the roofs of cars, they would be able to see the traffic sign, which is set at a prescribed height for this purpose. Any resident permit holder parking and seeing this sign would not have any reason to look further whereas, if it had been covered - as it should have been because it served no purpose during the suspension- then it would have been incumbent upon a motorist to discover why and thereby see the suspension sign.If the authority reject these grounds they must explain why, as a matter of policy, this sign was not covered.Remedy soughtPlease cancel the PCN and refund in full the removal and storage charges (£280 + £55) and the PCN sum I had to pay to recover the vehicle (£80), totalling £415.Evidence enclosed
- PCN (front/back).
- Pound receipt showing £415 paid.
- Photo of the sole suspension sign at the far end of the bay.
- Neighbour’s photo showing my car parked at the opposite end of the bay on the morning of removal.
Disclosure requestedIf you do not accept these representations, please supply with your Notice of Rejection:
- The suspension **** log for the Blair Street suspension covering my space, including date/time each sign was erected/checked/removed, installer details, photos, and the extent/diagram of the suspended length.
- Any vehicle-presence/VRM list made when the signs were erected (you may redact third-party VRMs). Please state explicitly whether VRM FT04 EDL appears and, if no list was produced, explain why given your relocation policy.
- All CEO photos showing the sign and my vehicle in context (not just close-ups), CEO notes, and the removal job sheet (PCN issue time, lift start/finish, pound arrival).
- The DfT authorisation for the precise suspension sign used (or confirmation it is the prescribed diagram 640.1 sign) and the Traffic Order/TTRO covering this suspension.
- The Council’s removal/relocation policy and assessment showing why relocation was not used.
- Assessment showing why the temporary suspension sign did not cover the permanent bay sign
Yours faithfully,