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#Post#: 70040--------------------------------------------------
Waltham Forest, Code 01 parked in a restricted street, Beresford
Rd E4, Single yellow outside No. 20
DIR By: i
Date: May 5, 2025, 6:42 am
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- 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
HTML https://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
HTML 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:
- Google street view
HTML https://maps.app.goo.gl/4EaWm92vvvDQw2oW6
I was in the spot the
Smart car is in
- PCN, Pound release, Authorised for towing notices (all were
acquired at pound)
HTML https://drive.google.com/drive/folders/17E7EaZWP9JwubrY2Lkp_sRLdVBJnO68t?usp=sharing
Thank you!!
#Post#: 70045--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: catnip
Date: May 5, 2025, 7:09 am
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It looks like you are beyond the end of the bay, but there's no
clear photo showing this.
Removal after such a short time seems excessive, but I'll let
others comment on this aspect.
[attachment deleted by admin]
#Post#: 70052--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: i
Date: May 5, 2025, 7:25 am
---------------------------------------------------------
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
HTML https://drive.google.com/file/d/12eK42l-Ch1X0BJ8SHWA5YY2tS8Q7TiqR/view?usp=sharing<br
/>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!
#Post#: 70062--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: stamfordman
Date: May 5, 2025, 9:09 am
---------------------------------------------------------
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.
HTML https://i.ibb.co/kg4mX4Zn/Screenshot-2025-05-05-at-15-00-38.png
HTML https://i.ibb.co/wZMyD00L/Screenshot-2025-05-05-at-14-13-31.png
HTML https://i.ibb.co/35Wj1jCK/Screenshot-2025-05-05-at-14-11-09.png
HTML https://i.ibb.co/jk875Cyy/Screenshot-2025-05-05-at-14-06-32.png
HTML https://i.ibb.co/XxcJ9DKL/Screenshot-2025-05-05-at-14-06-11.png
HTML https://i.ibb.co/277VykqS/Screenshot-2025-05-05-at-13-47-52.png
#Post#: 70093--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: fraser.mitchell
Date: May 5, 2025, 3:24 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.
#Post#: 70262--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: i
Date: May 6, 2025, 11:23 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> 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.
>
>
HTML https://i.ibb.co/kg4mX4Zn/Screenshot-2025-05-05-at-15-00-38.png
>
HTML https://i.ibb.co/wZMyD00L/Screenshot-2025-05-05-at-14-13-31.png
>
HTML https://i.ibb.co/35Wj1jCK/Screenshot-2025-05-05-at-14-11-09.png
>
HTML https://i.ibb.co/jk875Cyy/Screenshot-2025-05-05-at-14-06-32.png
>
HTML https://i.ibb.co/XxcJ9DKL/Screenshot-2025-05-05-at-14-06-11.png
>
HTML https://i.ibb.co/277VykqS/Screenshot-2025-05-05-at-13-47-52.png
>
--- End Quote ---
--- Quote from: Incandescent link ---
>
> 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.
>
--- End Quote ---
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?
#Post#: 70286--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: stamfordman
Date: May 6, 2025, 12:42 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.
#Post#: 71197--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: i
Date: May 13, 2025, 4:58 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> 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.
>
--- End Quote ---
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,
#Post#: 71217--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: stamfordman
Date: May 13, 2025, 5:52 am
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This can be beefed up - I'll look at it later.
#Post#: 71561--------------------------------------------------
Re: Waltham Forest, Code 01 parked in a restricted street,
Beresford Rd E4, Single yellow outside No. 20
DIR By: stamfordman
Date: May 14, 2025, 4:27 pm
---------------------------------------------------------
This what I've come up with. Wait and see if others agree.
Whatever, there is nothing to lose by taking this to
adjudication.
--------------
I write to make representations against the PCN and towing of my
vehicle.
I am a resident of Beresford Road and parked in good faith in a
parking bay not realising that there was a minor encroachment on
the single yellow line. This was a trivial transgression and
barely worthy of a PCN.
It certainly does now justify the impounding of my car.
I put you to three tests to justify the PCN and tow:
1. Please supply the traffic order that details the extent of
the yellow line to the exact metre/centimetre where it meets the
unrestricted parking bay.
2. Please explain why a contravention of a waiting restriction
was given instead of a minor one of being outside of bay
markings, as the great majority of my car was in the parking
bay.
3. Please provide the traffic management purpose in removing my
car from this very minor contravention.
Please bear in mind that this yellow line is restricted to one
hour and in a matter of minutes after impounding my car it would
have no longer been in this minor contravention.
When considering the traffic management purpose, I also direct
you to the Department of Transport’s Statutory Guidance for
Local Authorities in England on Civil Enforcement of Parking
Contraventions, which states:
Immobilisation and removal activity should only take place where
it gives clear traffic management benefits.[/I]
I also further direct you to the same guidance and request you
supply the following guidelines and whether the CEO was
appropriately trained:
[i]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 only be taken
following specific authorisation by an appropriately trained
CEO.
As a local resident I am naturally upset my council has carried
out what seems to me to an unjustifiable use of its powers to
remove my car.
I look forward to your review of my case and a positive outcome
for me.
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