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#Post#: 2696--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: fraser.mitchell
Date: August 6, 2023, 5:22 am
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I just noticed that there is no legislation at the top of the
PCN which governs the service and enforcement of the PCN. Not
sure whether this is mandatory or not, but it seems odd.
#Post#: 2697--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: guest179
Date: August 6, 2023, 5:45 am
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OP, this is a procedural matter and you should treat it as such.
Just set out the key issues, nothing to do with the
contravention which by your own account was committed because
this would be a distraction.
Write to the council. These are not representations as such
because you are outside this framework. There is no provision in
law or, I'll bet, in council procedures for a CEO or anyone to
accept payment in these circumstances. A vehicle once removed
must be delivered to a car pound and only there may the owner
recover their vehicle on payment and require a receipt.
So for the moment IMO the issue is what happened at the
location.
Apparently you don't have a receipt but your bank records would
show a payment comprising the discount plus removal fee. And who
is the payee(the person paid) according to your bank account?
One step at a time, but quick steps!
Do you have a record of this payment and to whom was it made?
Once we've (hopefully) established the start of this part of the
paper trail then you can write to the council...
On 31 July I was issued with a PCN, copy enclosed which I
noticed as I observed your operatives removing my car.
I met the operatives as they were in the process of lifting my
vehicle(its wheels were off the ground but not yet placed on the
removal vehicle). They demanded full payment of £265(£200 and
£65 for the removal fee and penalty respectively) to return my
car. Under protest I phoned ****** and paid £265 to a/c
*********, copy of this transaction from my account enclosed.
Your operatives did not provide me with any paperwork.
Given that your operatives were not authorised to demand
payment, that no payment was due because the vehicle should have
been returned to the ground as it had not been placed on the
removal vehicle and that proper procedures regarding receipt and
formal notification as to my legal options were not followed
then the council has a serious problem. The degree to which I
need to be involved with the resolution of your problems will
depend upon your response to this complaint.
Please acknowledge receipt by return.
Yours
is my approach.
#Post#: 2700--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Pastmybest
Date: August 6, 2023, 5:55 am
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Whilst i do not disagree with a complaint, you should make
representations to the council that they have committed a
procedural impropriety. you want your money back and getting
that through the complaints procedure is very long winded
#Post#: 2703--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: DancingDad
Date: August 6, 2023, 6:34 am
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HCA's draft can be sent in reference to the PCN and pseudo
removal.
And IMO should if only to maintain deadlines for reps to be
made.
#Post#: 2707--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: DancingDad
Date: August 6, 2023, 7:51 am
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Just adding another excerpt from the Statutory
guidance...relevnt to the lack of information regarding how to
challenge the removal.
--- Quote ---
> On the release of a vehicle from a clamp or the vehicle pound,
the authority must [footnote 26] immediately inform the vehicle
owner or person in charge of the vehicle about their right to
make representations and their subsequent right to appeal
against representations that are rejected.
>
> The vehicle will already have been issued a PCN that sets out
the grounds on which representations can be made. However, the
Secretary of State recommends that the notice about
representations against the immobilisation or removal also gives
full particulars of the grounds, procedure and time limit for
representations. This is particularly important when credit or
debit payments are made over the telephone.
--- End Quote ---
#Post#: 2726--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: ivanleo
Date: August 6, 2023, 10:11 am
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--- Quote from: Velina link ---
>
> As soon as I don't have representation paperwork how I can
appeal it?
>
--- End Quote ---
You can send them a letter in the post to:
L B Newham Parking Correspondence
PO Box 71575
London
E6 9LY
Send 1st class (not signed for) from a post office, and get
proof of postage.
If you paid on the phone you must have a transaction on your
bank statement showing that you paid £265 in total, please
confirm.
#Post#: 2915--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Velina
Date: August 8, 2023, 11:19 am
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Unfortunately I don't have photo of my car in the air. To take a
picture wasn't my first thought. Here is screenshot of the
payment to Newham council.
[attachment deleted by admin]
#Post#: 2946--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: ivanleo
Date: August 9, 2023, 7:42 am
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You have this photo that you posted on facebook:
HTML https://i.imgur.com/mJQbnCS.jpg
Send them this photo and the online payment screenshot, that's
more than enough.
#Post#: 2967--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: Pastmybest
Date: August 9, 2023, 10:43 am
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If you send that photo, IMO the council will respond with the
car was on the truck and they were entitled to tow. In that they
would be right. But what they cannot do is make things up like
releasing the car there and then for the payment it does not
work that way no removal no charge simples
#Post#: 3007--------------------------------------------------
Re: Lifted car - Newham borough
DIR By: ivanleo
Date: August 9, 2023, 6:17 pm
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--- Quote from: Pastmybest link ---
>
> If you send that photo, IMO the council will respond with the
car was on the truck and they were entitled to tow. In that they
would be right. But what they cannot do is make things up like
releasing the car there and then for the payment it does not
work that way no removal no charge simples
>
--- End Quote ---
I would say that if they lifted the car they're entitled to
charge, we've had the discussion before that when a council
relocates a car to a different place on the road they could
technically charge (but don't because they've not read the
regs).
What they 100% cannot do is charge the tow fee and not provide
any paperwork with the rights of appeal, that's an instant win
and I don't see how we could possibly lose this one at the
tribunal.
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