DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 2600--------------------------------------------------
Lifted car - Newham borough
DIR By: Velina
Date: August 4, 2023, 4:32 pm
---------------------------------------------------------
Hi! I had a very unfair situation. My car was lifted in front of
my house, 20-30 minutes after CEO issued a PCN. Here is the
story. In front of my flat is a bus lane which is closed -
7-10am Monday - Friday. I parked in the bus lane at 3 pm on
Monday to load some luggage because I was going on holiday. At
3:40 pm I saw that council is lifting my car. I got down to
speak with the guy and ask him why he lifts it. He said that I
have a PCN and my car is parked on single yellow lane. He shows
me the ticket, and the ticket was issued at 3:10 pm. 30 min
later the car was already lifted on the truck! He said I have to
pay the fine now and they will drop it back. Fine was £265 (200
for the lift and 65 ticket). He also said it pay and appeal
procedure so I can appeal after I pay. I paid everything over
the phone while he was there. I didn't received any receipt or
protocol for the payment and the time when my car was lifted and
dropped. I can prove the payment with bank statement. Then I saw
that the ticket wasn't issued for single yellow lane, it was for
parking in restricted hours code 01. I'll upload photos.
HTML https://maps.app.goo.gl/hcouTNz4xiiJ3rGv8
What can I do? How I can appeal successfully, because for 30 min
they wrote the PCN and lifted the car?
And they also haven't issued me any document for my car being
lifted, paid and dropped back which I think is wrong. Because if
I go on compound parking to get a car I will receive document
for this.
[attachment deleted by admin]
#Post#: 2601--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: DancingDad
Date: August 4, 2023, 5:12 pm
---------------------------------------------------------
The contravention is correct... the yellow line shows that the
street is restricted.
They can lift within 30 minutes, even immediately and Newham has
form for that.
Loading would be an exemption but at least 30 minutes to
justify?
That seems a stretch for luggage that would be expected to be
packed and ready to load before parking.
When you got to the car, had the wheels left the ground?
And please confirm you have received no paperwork?
#Post#: 2602--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: fraser.mitchell
Date: August 4, 2023, 6:52 pm
---------------------------------------------------------
Velina, it is not entirely clear to me what occurred: -
--- Quote ---
> He said I have to pay the fine now and they will drop it back.
Fine was £265 (200 for the lift and 65 ticket). He also said it
pay and appeal procedure so I can appeal after I pay. I paid
everything over the phone while he was there. I didn't received
any receipt or protocol for the payment and the time when my car
was lifted and dropped.
--- End Quote ---
So was the car not taken to the pound ? Normally when collecting
a car after it has been removed to the pound, one is issued with
paperwork (documents), that (1) gives a receipt for payment,
and (2) the appeal arrangements. If you have received no
documents at all, then that is highly irregular, and they have
broken the law.
So please confirm what happened.
#Post#: 2626--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: ivanleo
Date: August 5, 2023, 10:14 am
---------------------------------------------------------
Can you get a screenshot from your online banking showing that
you paid £265?
Also, can you please post the back of the PCN?
This should be straightforward in principle, even though it
might be a bit of a mess from a procedural standpoint. In
essence by failing to give you the appeal paperwork there and
then, the council has committed a procedural impropriety.
The only issue might be if the council claims it's not a removal
case, but the amount you paid proves that it is.
#Post#: 2628--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Velina
Date: August 5, 2023, 10:36 am
---------------------------------------------------------
I haven't received any paperwork apart of the PCN. When I got
out to speak with the council guy, the car was in the air, so
basically the truck has just picked it up, but my car wheels
weren't on the truck platform.
#Post#: 2629--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Velina
Date: August 5, 2023, 10:44 am
---------------------------------------------------------
The car wasn't dropped in compound parking. It was in the air
when I saw them, and while I spoke with the guy who lifted it,
the driver of the truck put in on the truck's platform. I asked
the guy to drop it back and I'll move it straight away but he
said I have to pay first. I was in rush so even I wasn't happy
to pay, I paid £265 over the phone and ask how I can appeal. So
I paid and got no paperwork at all but got my car dropped back.
I don't have this representation sheet and so on.
#Post#: 2633--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Pastmybest
Date: August 5, 2023, 12:04 pm
---------------------------------------------------------
If you can prove payment then this is simples because they are
not allowed to take the vehicle if you return before it is on
the truck so in the air they should put it down and leave not
charging you as that is not allowed
#Post#: 2680--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Velina
Date: August 6, 2023, 3:16 am
---------------------------------------------------------
As soon as I don't have representation paperwork how I can
appeal it?
#Post#: 2683--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: guest17
Date: August 6, 2023, 3:51 am
---------------------------------------------------------
OP----did you take a photo with the car in the air?
I presume you have details of the payment by phone and the time
of payment?
Newham have really mucked this up so stick with it, there are so
many procedural improprieties it's laughable.
The £200 represents the lift and tow so the latter part didn't
happen.
You are in a prejudicial situation because the onboard CEO did
not give you appeal papers.How would you know there are recourse
procedures?
They are supposed to stop the lift if the car is in mid-air if
the driver asks them to put the vehicle back on the carriageway.
Mike
#Post#: 2689--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: DancingDad
Date: August 6, 2023, 4:18 am
---------------------------------------------------------
For reference from Sec of Stat Statutory Guidance
--- Quote ---
> If a driver returns to the vehicle whilst immobilisation or
removal is taking place, then it is recommended that the
operation is halted, unless the clamp is secured or the vehicle
has all its wheels aboard the tow truck. If immobilisation or
removal is halted, the PCN should still be enforced.
--- End Quote ---
Can be found in on street activities hre
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions#on-street-activities
Recommended not must release but as with all statutory guidance,
an authority can and should be tasked with explaining why they
ignored and show good reason to.
*****************************************************
Page 1 of 4
DIR Next Page