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Incandescent
Posted on: Yesterday, 21:29


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QUOTE (Djim @ Sat, 20 Oct 2018 - 22:13) *
viewmypcn.co.uk
PCN : HZ24509715
Reg : LJ03LRV

I’m sorry 2 days I’m trying to upload the video here I give up I don’t know how sorry I put the link and the details they ask for to watch it sorry again

For me, you really should have the PCN cancelled as you realised your mistake and put it right, but this is a money-making machine as well as traffic management, (about 10% !!!)
All the council want is your money, so are invariably going to refuse your reps, in which case you either pay-up, or take them to London Tribunals on a de minimis basis. If it were me, I would, as you do attempt to exit the lane after a few yards but are prevented by traffic as you say. However, it would be for the full PCN amount if you lose, and this is a judgment call by the adjudicator. Some will accept it, but there are a few "Judge Jeffreys" in there too.

https://en.wikipedia.org/wiki/George_Jeffre..._Baron_Jeffreys
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427029 · Replies: 9 · Views: 106

Incandescent
Posted on: Yesterday, 21:18


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It is fairly clear from your initial post that there have to be doubts whether your neighbour should be driving at all. I hope the informal reps succeed but he is on his own, so there is nobody in his family to maybe suggest to him that he give up driving. As time goes on, I suspect more and more PCNs will be served, and eventually will not be cancelled. I'm afraid the rude rush of time eventually comes to us all, and my father finally gave up at the age of 92 (!!) as he said he "wasn't 'with-it' any more".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427021 · Replies: 11 · Views: 85

Incandescent
Posted on: Yesterday, 21:10


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QUOTE (wildcard74 @ Sat, 20 Oct 2018 - 20:47) *
I was hoping I could get some further guidance on this ongoing matter. The date of the offence was 11/08/18. I wrote to the council to challenge. I then received a letter on 28/08/18 stating the council had received my challenge but they were satisfied the PCN was served correctly. This letter tells me to wait for the Notice to Owner if I want to appeal. It is now nearly two months since that letter and I have yet to receive the NtO. Is there a deadline as to how long the council have to issue the NtO? It says I should automatically receive the document (NtO) if the PCN has not been paid within 28 days of issue. As it is nearly two months since date of issue of the PCN is this a failure to comply with the CoP?

Statutory Guidance says: -

QUOTE
Issuing the Notice to Owner
9.9 If the penalty charge is not paid the enforcement authority may issue a Notice to Owner. The purpose of this is to ensure that the penalty charge notice was received by the vehicle owner and to remind the vehicle owner that the payment in full is now due and if it is not paid within a further 28 days it may be increased. The Notice to Owner may be issued 28 days after serving the penalty charge, and we expect authorities to send them within 56 days. The ultimate time limit, in exceptional circumstances, is six months from the “relevant date”. There should be a very good reason for waiting that long to serve a Notice to Owner.
The Regulations set out the information that the Notice to Owner must give. There are different requirements when the penalty charge notice acts as the Notice to Owner (see paragraph 8.6).

SO six months max, but if near that time the council would need to have a compelling reason for the delay.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427016 · Replies: 17 · Views: 314

Incandescent
Posted on: Yesterday, 19:36


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QUOTE (cp8759 @ Sat, 20 Oct 2018 - 12:04) *
QUOTE (EalingResident @ Sat, 20 Oct 2018 - 11:35) *
Quick update - the PCN has been cancelled along with an apology!

Thanks again for your advice.

Could you post a redacted copy of their response?

And also......Well done !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426994 · Replies: 7 · Views: 113

Incandescent
Posted on: Yesterday, 19:32


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Sometimes I think certain adjudicators breakfast on lemons before they start, and Mr Chan seems to be one of them. However, 6 seconds is outside what has generally been accepted as de minimis in the past, where less than 5 seconds has seen some wins.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426992 · Replies: 10 · Views: 360

Incandescent
Posted on: Yesterday, 19:25


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The legislation at the top of the PCN is for Traffic Management Act 2004, plus a couple of Welsh-specific regulations. You need to read these. In England, a PCN has to inform the recipient that the video can be viewed at an office of the enforcing authority, but what the Welsh regs contain I know not. I suspect, though, that you don't want to trek out to Cardiff to view the video, so you need to contact Cardiff to find out if they make it available on-line as some do.

As you've probably gathered already, the system has unfairness at its heart, and is designed to get people to cough-up quickly. Only if you elect to take them all the way to the adjudicators will you definitely see the video as it is the sole evidence
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426990 · Replies: 4 · Views: 46

Incandescent
Posted on: Yesterday, 08:48


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OK, fine you can see the PCN details, but the really urgent thing to now sort out is making sure your OOT gets accepted, as if it isn't the PCN is irrelevant, you'll have to just pay the bailiffs.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426823 · Replies: 15 · Views: 216

Incandescent
Posted on: Fri, 19 Oct 2018 - 21:32


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It is a no-brainer to appeal this all the way to London Tribunals as you have already paid all there is to pay and could get some or all of it back. Towing away from a single-yellow is disproportionate and you should emphasise this in your appeal. I would think the statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case" apply. I would not expect you to get the PCN cancelled, but may well get the tow charges back. London councils are getting rather too fond of towing these days.

I must say, however, that with a second tow from single-yellows, you need to get up-to-speed rapidly on the meaning of single-yellow lines !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426777 · Replies: 12 · Views: 159

Incandescent
Posted on: Fri, 19 Oct 2018 - 10:49


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QUOTE (flamer @ Fri, 19 Oct 2018 - 11:30) *
Anyone, any help on this one please?

The NoR has been sent to be more than 4 months after my appeal. Would this work as a ground of dismissal?

The bus lane regs have no time limit, unlike those for responses to formal parking PCN appeals (56 days). Clearly our lords and masters in Parliament were asleep on the job. However 4 months is excessive, so if they haven't re-offered the discount, I would take them to TPT for adjudication on grounds of "the penalty exceeded the relevant amount in the circumstances of the case", the circumstances being the manifest unfairness of responding so tardily. You would need to point out that 56 days is the maximum for formal appeals for parking contraventions, and that fairness demands a similar period in the absence of a limit in the regulations.

Of course this would be a gamble, so if the discount has been re-offered you need to weigh up what to do.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426630 · Replies: 12 · Views: 178

Incandescent
Posted on: Thu, 18 Oct 2018 - 21:13


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You are clutching at straws.
Wins for bus lane contraventions tend to succeed on inadequate/missing signage. There is no 20 metre "rule", just a convention that adjudicators tend to adhere to when considering a de minimis appeal (" I only drove a short distance in the bus lane"). Unfortunatlely councils don't recognise de minimis, so any appeal on this basis will end up at adjudication with the full penalty at risk.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426505 · Replies: 11 · Views: 179

Incandescent
Posted on: Thu, 18 Oct 2018 - 21:03


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First off you need to stop all the emotional stuff and concentrate!

There are often cases where moving house and updating the V5 coincides with a PCN being issued by post. You did not put in any mail redirection, or check for mail at your old address, so now must invoke the Out-of-Time Statutory Declaration process. The council have followed the process exactly, so if it were me, I'd submit an OOT with help from us or the website I quoted. You might also care to contact the council who issued the PCN and point out what has happened. The text you have quoted above for your OOT is the bones of it, but needs a lot of tidying up. You must emphasise that the house move and update to the V5 coincided with the council issueing the PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426498 · Replies: 15 · Views: 216

Incandescent
Posted on: Thu, 18 Oct 2018 - 19:58


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QUOTE (Teddintgon @ Thu, 18 Oct 2018 - 20:21) *
Don't know if this makes any difference at all, but just in case it's useful.

The back of the PCN says "Details of the Council's policy and approach to challenges can be found at www.plymouth.gov.uk/parkingandbuslanefines" and I certainly cannot find that information here. I'm not sure if there's a statutory duty on public bodies like the Council to tell the truth, but at the very least they are putting incorrect information on the PCN. Is this sort of information just to general to be useful to me here?

thanks,

This is not part of the statutory content of a PCN, so difficult to use as an appeal argument, (although one can try it, of course). I doubt this alone would win at adjudication Essentially the OP is bang-to-rights by not reading a very clear sign, (or getting up too late in the day). The discount beckons here, in my opinion.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426468 · Replies: 3 · Views: 73

Incandescent
Posted on: Thu, 18 Oct 2018 - 18:45


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Your case shows how easy a PCN can slip between the cracks. You would appear to have updated your V5 fairly promptly, (albeit two weeks after moving, we see much worse !). However you seem to have put no mail redirection in place or arranged to pick up mail at intervals.

In your case, therefore, an OOT SD could well succeed, so submit one. There is a website that assists with these : -

www.bailiffadviceonline.co.uk

A small fee is charged, but means it will have been correctly formatted, so will not just get chucked out on arrival at TEC as so often happens.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426438 · Replies: 15 · Views: 216

Incandescent
Posted on: Thu, 18 Oct 2018 - 17:22


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PCN is for a moving traffic offence, (banned turn), so sent by post. Date of contravention 2nd May so allow a few days for processing the CCTV which makes the PCN issued some time around 10th May. They get the keeper details from the DVLA using a on-line request system, so the question is - when did you move house ?

We are seeing a real epidemic of posters on here with bailiff at the door who have been tardy or even have yet to update their V5 following a house move.

Submitting an Out-of-Time Statutory Declaration is free, but can, (and will be), be opposed by the council. At this point it starts to cost money - £100 for a review of the decision or £255 to see a county court judge personally. Neither sum is reimbursible.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426421 · Replies: 15 · Views: 216

Incandescent
Posted on: Thu, 18 Oct 2018 - 08:01


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Need a photo without the car, but from GSV it certainly looks very confusing and hence grounds for an appeal. Don't expect the council to roll over, though, you'll probably have to take them to adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426248 · Replies: 12 · Views: 315

Incandescent
Posted on: Wed, 17 Oct 2018 - 21:33


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Hmm, pretty thin gruel for an appeal. It's all technical so you'd end up at adjudication for the full PCN penalty. The discount might be your best option. Never charge into a YBJ unless you're sure you can exit. If your stuck for getting out, tootle very slowly hoping the trafic will start moving as the offence is stopping. Saying you didn't obstruct anybody is not a defence.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426204 · Replies: 2 · Views: 80

Incandescent
Posted on: Wed, 17 Oct 2018 - 20:23


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You are correct about the 28 days, but it is 28 days to issue the first PCN after a contravention is detected. As yours is a lease car, the 1st PCN would have gone to the lease company, who have obviously appealed on this basis giving your name and address. The council can then issue a 2nd PCN to the name and address given by the lease company. There is then a second period of 28 days running from cancellation of the 1st PCN, so they are well within the time allowed, if the date is 12th October.

You'll have to think of something else, I'm afraid.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426186 · Replies: 5 · Views: 195

Incandescent
Posted on: Wed, 17 Oct 2018 - 20:19


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Whilst adjudicators have a used a <20 metre distance for consideration of de minimis, it is not law. In addition, from the two photos you look to have travelled more than 20 metres and only a view of the video will enable us to provide more definite advice. Time in the bus lane is irrelevant, it is distance that counts. To put your case to an adjudicator means you will lose the discount option.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426182 · Replies: 4 · Views: 179

Incandescent
Posted on: Wed, 17 Oct 2018 - 18:02


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What really gets me incandescent with rage is when paid officials who are supposed to know the law in some detail, yet just ride roughshod over it. NO doubt he was late for his lunch.

This case is a real disgrace and should be brought to the attention of the Chief Adjudicator of TPT. What idiots are they employing, for heavens sake ! When the law says must, it means must, you cannot argue around that
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426141 · Replies: 56 · Views: 1,940

Incandescent
Posted on: Tue, 16 Oct 2018 - 19:50


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If you are to continue to park on London streets for extended intervals, then, frankly, you need to be far more proactive than you are at the moment.In fact, I would say you are totally inactive ! The streets of London are public spaces on which you can park, but are, from time to time, subject to restrictions like suspension of parking and you need to keep on top of this to avoid hassle like this.

A reasonable period for a suspension is generally 7 days in advance.

From your photos the signs appear adequate, but the problem is you didn't regularly visit your vehicle ! For continuous bays like this, (not subdivided into individual vehicle slots), the only way they can suspend part of it is to quote the house numbers. They are being helpful here as if they didn't do this, the whole bay would have to be suspended.

I would submit reps on the basis of insufficient notice of the suspension, and see what they say. Also point out you are resident, (maybe of long standing), and consider the penalty to be excessive, as the vehicle could have been moved "round the corner". In addition they are suppose to record vehicles present when the suspension notices are erected so they can decide whether or not to issue PCNs and tow.

Are you a permit holder ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425900 · Replies: 3 · Views: 69

Incandescent
Posted on: Tue, 16 Oct 2018 - 19:33


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OP, you need to realise that your complete failure to update your V5C means you will have great difficulty overturning these notices. Updating the V5 for address changes is a legal duty that you have failed to do, in fact still have not updated it, so when the council oppose your Out-of-Time statement, what reason have you to explain this failure ? Nothing, I suspect. We see all too many OPs on this forum who have failed to update their V5s, and it is very very difficult to overcome this failure.

Did you update your driver licence ? Many people think this updates the V5, but it doesn't, but is a reasonable excuse, bearing in mind the DVLA covers driver licences and vehicle VED in the same building, As somebody once said to me, (memorably), "they all piss down the same drain, don't they". For me, the failure of DVLA to recognise linkage between licence address and vehicle registration address is a scandal, as it would be extremely easy to link the two databases and then provide notice to the user that a vehicle, (or a licence address) has been found on the other database that is the same as the one being updated, and request a response (yes/no) if the licence (or V5) needs to be updated as well.

Hope I've put that clearly, but I'm sure DVLA understand the problem but are too idle to do anything.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425893 · Replies: 10 · Views: 316

Incandescent
Posted on: Tue, 16 Oct 2018 - 18:07


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Need to see the PCN, but the double-yellow line applies as far as the hedge, and your halfway into the area covered by the DYL. The only possible appeal, (if the PCN doesn't contain fatal errors), is "legitimate expectation". You have parked there for over a year without penalty so have legitimate expectation of being able to park there without penalty. However, you'd likely have to take them to adjudication for a decision as almost all councils will deny the concept of "legit expectation", (they make more money that way says cynical me)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425857 · Replies: 2 · Views: 59

Incandescent
Posted on: Tue, 16 Oct 2018 - 17:26


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What an idiot of an adjudicator ! If the regulations for content of a PCN say something "must" be included, then it is an absolute requirement, it is not an option therefore the PCN is a nullity if it is omited. A very poor adjudication from somebody who should know better.

Request a review as the adjudicator has erred in law.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425839 · Replies: 56 · Views: 1,940

Incandescent
Posted on: Tue, 16 Oct 2018 - 14:18


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QUOTE
The observation period only lasted 3 minutes (FROM 10:01 TO 10:04). Is this enough to warrant cancellation of PCN? (Im unable to upload file)

Nope
If you want good advice, we need to see (1) PCN and (2)GSV or photos of the location. Each side of a street is always separate for parking rules, although sometimes they are the same. In your case you should have looked for a sign on the side you parked.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425793 · Replies: 1 · Views: 38

Incandescent
Posted on: Tue, 16 Oct 2018 - 08:00


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You are bang-to-rights on the contravention, so only a "technical" appeal might succeed, assuming the PCN contains a fatal error of content. However be aware that appeals on this basis are invariably rejected by councils thus forcing you to adjudication. The discount option is lost if you get this far. Did you not read the prominent sign by the parking bay ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425653 · Replies: 2 · Views: 89

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