Urgent!! Please help!!!!!!!!!!!!!!!!!!

[helena11]

Hello

 

please help me. I am a resident of Newham and got parking permit for my car. I always display permit on front window. But that particular morning, I went to hospital with my mother and when I parked my car in usual place, I did not check the permit on display.

 

I returned to car in 30 min time and there was no my car. The council officer just took it away, But I needed to go to my mother to bring her to hospital again. I had shock. After I went to depo, they told me to pay £265 to have my car back. I saw them parking permit lying on first seat. U could see, if you really come close to the window.

 

They told me to paid and appeal after. I did on the same day, but there is no response from traffic dep in NEwham. I lost my job recently and I cant affiord to pay fine, if I am Newham resident and got valid parking permit.

 

please help me.

 

 

Thanks a lot.

 

 

Helena

[gloryhunter]

Hi found this for you hope it helps http://www.newham.gov.uk/ParkingAndTransport/PenaltyChargeNotices%28PCNs%29/AppealingaPCN.htmrRgards Gloryhunter

[Jamberson]

When you collected your car - did they give you some appeal forms? If not, contact the council and ask them for some.

 

Then, write in and appeal.

[helena11]

Thanks , appeal done. But it takes 56 days

[crem]

Thanks , appeal done. But it takes UP TO 56 days

..

[TheBogsDollocks]

If your appeal is rejected then appeal to the adjudicator and include all the text below. Keep in all text formatting for emphasis.

 

The removal and storage charges levied upon me by the council are set by virtue of Schedule 9 of the Traffic Management Act 2004. Paragraph 1(1)(b) contained within Schedule 9 makes it explicitly clear that these set charges apply only where a council is imposing a charge enabled under s.102 of the Road Traffic Regulation Act 1984.

 

1(1)This Schedule provides for the setting of the levels of—E+W

(a)penalty charges, including any discounts or surcharges,

(b) charges made by authorities under section 102 of the Road Traffic Regulation Act 1984 (c. 27) for the removal, storage and disposal of vehicles found in areas that are civil enforcement areas for parking contraventions

 

Where the applicable charges for removal and storage fall under s.102 RTRA 1984 then there is no statutory requirement within a Civil Enforcement Area for a person to pay any charges before the vehicle is returned to them. For clarification the applicable parts of s.102 RTRA 1984 can be seen below.

 

102(1)The provisions of this section shall have effect where a vehicle—

(a)is removed from a parking place in pursuance of an order to which section 101 of this Act applies, or

(b)is removed from a road, or from land in the open air, in pursuance of regulations under section 99 of this Act.

 

102(2A)If the place from which the vehicle is removed is in an area that is a civil enforcement area for parking contraventions, the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 of the Traffic Management Act 2004

 

102(3)Any sum recoverable by virtue of this section shall, in England or Wales, be recoverable as a simple contract debt in any court of competent jurisdiction or, in the case of a sum not exceeding £20, summarily as a civil debt.

 

 

In summary s.102 is saying that where a vehicle is removed for a parking contravention then the enforcement authority is entitled to recover from the "person responsible" (note it is not limited to the owner) their charges in respect of the removal and storage of the vehicle and should these not be paid then the enforcement authority can take the person responsible to court to recover their charges.

 

What s.102 does not say is that any outstanding penalty charge is to be paid on collection or that the enforcement authority can retain the vehicle until the penalty, removal and storage charges are paid. Of course the council can ask for the removal and storage charges to be paid on collection but if a person is not willing to pay then the council must return their vehicle and commence court proceedings. This process is quite correct for a civil matter. Payment of the penalty charge however must be in accordance with the statutory provisions of the TMA 2004 as is proper where a regulation 9 PCN is served.

 

In regard to my vehicle the council incorrectly applied those charges specified under s.101A RTRA 1984 and yet this section has no relevance to those charges set by Schedule 9 TMA 2004. Even if we were to ignore this fact it is important to note that the charges under s.101A only apply to the owner of a vehicle that was presumed abandoned due to it having the appearance of being so either at the time of removal or sometime later while in storage.By "appearance" it does not necessarily mean the vehicle looks dilapidated. It can mean that the vehicle is pristine and road worthy but for some unknown reason no one had come forward at an earlier stage to take custody. As my vehicle never had the appearance of being abandoned the charges under s.101A RTRA 1984 can never apply and consequently nor can the appeal process provided under regulation 11 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 and yet this was the appeal process administered.

 

It is clear not only that the council has committed a procedural impropriety but has also acted beyond their powers. Firstly, by insisting the penalty charge be immediately paid when s.102 does not permit this and when statute explicitly provides for a 28 day payment period. Secondly, by retaining my vehicle until I had paid the penalty, removal and storage charges when no right to retain exists (the right to retain was removed when s.68 RTA 1991 commenced) and thirdly, by administering an appeal process that only concerns the recovery (either prior to disposal or following) of those vehicles that were by appearance presumed to be abandoned.

 

The council will find that the TMA 2004 makes no provision for only the penalty charge aspect of a regulation 9 PCN to remain valid while the associated statutory rights and processes are null and void and yet this is exactly what the council has done. There is no such entity as a “partial” regulation 9 PCN, it either applies in full or it is a nullity. Had the council correctly applied those charges regulated under s.102(2A) RTRA 1984 then the rights and procedural processes associated with the regulation 9 PCN would not have been interfered with. This is clearly no coincidence but the measured intent and design of Parliament.

Edited August 23, 2011 by TheBogsDollocks

[helena11]

Hello

 

Thank you so much for your answer. It took me 10 min to understand everything:)

 

I was so angry because it is quiet road and I was outside for 30 min. My parking permit fell on dash and you could see if you come close to the car.

 

I wil read it again and apply to my case.

 

Regards

 

Helena

[helena11]

Hello again

 

Thank you for detailed reply.

 

By the way I have very nice formal business language. I can see clearly - lots of expirience. Either you have had lots problems with parking permits or work in that area.

 

Regards

 

Helena

[helena11]

Hello again,

 

I just got reply from council. They rejected my appeal for climbing. I am going for next level of fighting with them.

Can you give me any advice please?

 

I got scanned their reply, if anyone wants to read.

 

 

Thank you.

 

Helena

[TheBogsDollocks]

Please post up all the rejection letter. Rejection at this stage is routine, it's adjudication that matters.

[helena11]

Hello

 

Thank you for reply. I attached council rejection letter here. Please read it

 

Thank you.

 

Helena

Edited October 4, 2011 by helena11

[Jamberson]

They are too small to read. Can you post them on a website like photobucket, then let us have the address of the web page so we can go and look.

[helena11]

Hello

That website doesnt seem to work. Can you please email to me and I will forward it to you email to smela74 at yahoo dot co dot uk

 

Thanks a lot.

 

Helena

[helena11]

please look into it

Edited October 4, 2011 by helena11

[TheBogsDollocks]

I'm sure you want to remove the word doc!

[helena11]

Did you manage to read it?

[TheBogsDollocks]

Did you manage to read it?

 

No...as soon as I saw it was your CV I thought it would be inappropriate to read something personal and private. You should remove it before any one decides they want a copy.

[helena11]

Ohhh, thank you. I had a bad day today

 

I will remove it now. Did you manage to read the council reply?

[TheBogsDollocks]

Ohhh, thank you. I had a bad day today

 

I will remove it now. Did you manage to read the council reply?

 

No the scans were too small to read.

[helena11]

Sorry to bother you again.

 

Do you know how to remove the attachement here? It seems normal way is not working on this site.

 

Thank you.

 

Helena

[helena11]

Helllo

 

I dont know why it is attached so small, original is big JPG format.

 

Would you be kind to read from my email address. I can forward to you.

 

I am shocked to live in Newham, it is East london, poor area but the council here seems only bother to climb cars and issue park tickets.

 

I am tired from it.

 

Helena

[honeybee13]

Hi Helena.

 

There's no need to panic at this stage. As I understand it you still have some time. It's against site rules for caggers to contact you by email and this is for your own protection.

 

I've asked the site team, or indeed DX if s/he sees this, to post up how to put a jpeg onto the forum so people here can read it.

 

My best, HB

[cerberusalert]

You can either upload them as a pdf or a zip file.

 

Alternatively upload them to a hosting site such as tinypic & then copy & paste the urls back here.