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       #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.
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