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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: September 04, 2025, 12:49:49 pm »
Thanks - was about to post this eve after work!

I made it clear in the appeal that I was appealing only the tow charge and not the PCN

Unsure if there's anything else I can do so would appreciate all the help and advice you might have!

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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: July 07, 2025, 12:26:00 pm »
Thanks both, this has been incredibly helpful and honestly really grateful for your expertise and insight.

My hearing will happen over Teams on 29th July. I have gathered the following evidence to submit but will once again appreciate your help in strengthening the case.

Let me know your thoughts? Tribunals evidence

Quote from: stamfordman on June 18, 2025, 08:57:27 pm
They've not addressed anything in your reps so that's a good start for you.

But it may just come down to mitigation, which the tribunal can't consider for allowed appeals but an adjudicator can recommend say a refund of the removal fee as I think the DoT's Department of Transport’s Statutory Guidance on traffic management purpose is well worth bringing to their attention.

I guess penalty exceeded is the best ground of appeal.

Opt for a personal online hearing if you can.

Quote from: H C Andersen on June 18, 2025, 10:51:19 pm
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.

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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: June 18, 2025, 06:04:18 pm »
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?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: May 13, 2025, 10:58:44 am »

Quote from: stamfordman on May 06, 2025, 06:42:39 pm
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,

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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: May 06, 2025, 05:23:12 pm »
Quote from: stamfordman on May 05, 2025, 03:09:08 pm
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. 








Quote from: Incandescent on May 05, 2025, 09:24:29 pm
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?

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Civil penalty charge notices (Councils, TFL and so on) / Re: Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: May 05, 2025, 01:25:24 pm »
Thank you for the image! Yep.. unfortunately the images only loaded for me after posting!

We've just gone back out onto the street to identify exactly where the car was parked. Looking at the markings the bonnet was definitely overhanging as I've documented here but I believe wheels were in the lot. Unfortunately I can't get the remaining images from the PCN to load to get a better view!

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Civil penalty charge notices (Councils, TFL and so on) / Waltham Forest, Code 01 parked in a restricted street, Beresford Rd E4, Single yellow outside No. 20
« on: May 05, 2025, 12:42:36 pm »
  • Parked on street outside no.20 Beresford Rd E4, on 1 May
  • Sign is for single yellow, Mon-Fri 10-11am
  • Yellow line was right in front of the parking spot
  • I had moved the car after parking up for the first time to ensure it was in the spot. I believe I was in the spot, if not only just out. I remember this clearly as I had the dog in the boot & he had thrown up which is abnormal

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

I live further up the street and had not noticed the PCN or that it had been towed until about 2pm. There was nothing on the street to indicate that my car had been removed.

No photographic evidence or location information from PCN available https://walthamocm.itsvc.co.uk/
Edit: This has now loaded after keeping page open for ages

Hoping for advice on what to say for the appeal please, even if it is just to recover towing costs.
  • Towing cost: towing the vehicle seems extremely disproportionate to claimed PCN offence & beyond the hours of the sign. There was 30 ish minutes between PCN being issued & authorised for removal
  • PCN: Vehicle was not in a dangerous location, and I believe I was within the spot. There is no photographic or location evidence available, though I understand this is not a legal requirement.

Links:

Thank you!!

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