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Incandescent
Posted on: Today, 17:39


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Unfortunately, the test is "on the balance of probabilities", not "beyond all reasonable doubt" as this is a civil law matter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453478 · Replies: 23 · Views: 355

Incandescent
Posted on: Today, 17:36


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+1
Do not pay and confirm them in their mendacity and wickedness
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453477 · Replies: 30 · Views: 546

Incandescent
Posted on: Today, 12:12


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The French have had a levy for years called "Versement Transport". The plain fact is that unrestricted private car use in cities is not possible after we abandoned all work on infrastructure developments in the 70s. In Germany, they make public transport more attractive for work by allowing fare deductions from the income tax bill. Car use is not deductable. This seems to me a better way of getting people back onto public transport.
  Forum: The Flame Pit · Post Preview: #1453432 · Replies: 10 · Views: 133

Incandescent
Posted on: Yesterday, 21:14


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It is clear you do not understand the restrictions or, indeed the signs and road markings that delineate a restricted bus stop. The particular bus stops, now found throughout the UK have a No Stopping restriction except for buses, so even alighting passengers is not allowed. These are now ruthlessly enforced in London in particular, not so much outside London. Their placement is being widely abused. One particular one on the outskirts of Congleton on the A534 only has a bus every hour, during the day and none in the early hours, so it is difficult to see why double yellow lines have not been used instead.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453336 · Replies: 11 · Views: 171

Incandescent
Posted on: Yesterday, 03:40


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They issue PCNs after complaints from residents, so even if you get this one cancelled, they can still issue them until the cows come home. Are you prepared for all the hassle ? Best find somewhere else to park or buy a very short car.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453081 · Replies: 14 · Views: 243

Incandescent
Posted on: Fri, 18 Jan 2019 - 22:35


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How can one ignore the presence of a "No Left Turn" sign on the traffic lights signal head ? It seems very clear to me !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453047 · Replies: 8 · Views: 143

Incandescent
Posted on: Fri, 18 Jan 2019 - 22:30


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You're bang-to-rights as parking off the carriageway has been an offence since the 70s in London, but could appeal on "legitimate expectation" if you've parked there many times before without getting a PCN. Trouble is you'd inevitably have to test this at London Tribunals as the council are hungry for your cash so will reject any reps. This means the full PCN penalty will be in play, not the discounted amount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453043 · Replies: 6 · Views: 137

Incandescent
Posted on: Fri, 18 Jan 2019 - 22:26


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Well, I say you are bang-to-rights and would do well to pay the discount and not park by such crossings again or you'll get whalloped again and again.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453038 · Replies: 12 · Views: 161

Incandescent
Posted on: Fri, 18 Jan 2019 - 17:42


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Their video is the sole evidence of the allegation, so if not your car, is fatal to their case
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452944 · Replies: 4 · Views: 131

Incandescent
Posted on: Fri, 18 Jan 2019 - 12:34


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QUOTE (cp8759 @ Fri, 18 Jan 2019 - 11:44) *
QUOTE (Incandescent @ Thu, 17 Jan 2019 - 23:08) *
OP got a PCN because he was actually parked on the foopath with the paving slabs, not where GSV shows cars by the railings. Clearly they tolerate parking by the railings, but a car on the footway is fair game to them, hence the PCN. Difficult to think what appeal argument there is here. The legitimate expectation argument would be if a PCN had been issued for a car by the railings, and that would succeed, but I don't think this one would.

Have you seen the CEO photos?

Well no, but the OP claims in his first post that that is where he parked.

QUOTE
The only problem was someone was blocking my usual space by the side of the fence so I had to temporarily leave the car forming a second file on the "footpath"
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452806 · Replies: 11 · Views: 190

Incandescent
Posted on: Fri, 18 Jan 2019 - 12:32


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Missing or misleading signs is one way, but you have to show they are. I think the discount could be your best option.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452804 · Replies: 7 · Views: 78

Incandescent
Posted on: Fri, 18 Jan 2019 - 12:28


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The process is to submit an "Out-of-Time" Witness Statement. This is free to submit, but can be opposed by the council as SFM says above. At this point, the TEC Court Officer will reject your submission. You can then pay £100 (not reimbursible), to have the submission reviewed by a County Court judge, but you then run up against the problem that the matter is entirely your fault for not updating the V5. Whilst we cannot say what the judge might decide, the odds are not in your favour, I'm afraid.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452802 · Replies: 2 · Views: 86

Incandescent
Posted on: Thu, 17 Jan 2019 - 23:08


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OP got a PCN because he was actually parked on the foopath with the paving slabs, not where GSV shows cars by the railings. Clearly they tolerate parking by the railings, but a car on the footway is fair game to them, hence the PCN. Difficult to think what appeal argument there is here. The legitimate expectation argument would be if a PCN had been issued for a car by the railings, and that would succeed, but I don't think this one would.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452682 · Replies: 11 · Views: 190

Incandescent
Posted on: Thu, 17 Jan 2019 - 23:01


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QUOTE (cp8759 @ Thu, 17 Jan 2019 - 21:40) *
Well this is utter rubbish:

"Whilst I appreciate that this may have been a genuine error, it is a council directive that in order to ensure vehicles are correctly parked and do not stay for longer than permitted in time any payments made to an incorrect vehicle registration or location number do not present grounds for a correctly issued PCN to be cancelled.

I am satisfied that the contravention occurred and the Civil Enforcement Officer was correct to issue the ticket, therefore the PCN has been upheld.
"

But the Islington policy says nothing of the sort: https://www.scribd.com/document/388126288/Canc-Guidance

In particular see page 15, under "Mitigation - attempted to park correctly"

This will be seen by an adjudicator as it must be in their evidence pack. If OP takes them to London Tribunals he must make sure this is highlighted as it is a blatant fettering of discretion. This mob really are hopeless, but the trouble is being hopeless makes them lots of money as most people would now cough-up !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452679 · Replies: 6 · Views: 101

Incandescent
Posted on: Thu, 17 Jan 2019 - 22:49


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QUOTE (HPCS84 @ Thu, 17 Jan 2019 - 20:02) *
I completely agree. It’s shocking! In terms of the appeal to the independent adjudicator, can I use the same wording as my original appeal?

Indeed you can, plus anything subsequently found out that affects the case. Adjudication is the last place where the allegation is examined, so you use all your ammunition.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452676 · Replies: 17 · Views: 219

Incandescent
Posted on: Thu, 17 Jan 2019 - 16:48


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There is a duty on councils since the law was introduced to allow them to impose parking restrictions, that they must place sufficient signs to convey the restriction to motorists. This includes yellow lines on the road.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452492 · Replies: 11 · Views: 133

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:58


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Sorry we couldn't be of more help. The income from parking PCNs is now a major cash earner for most councils, certainly those of large cities where parking space is so small in relation to demand. So now you know the basic rules on yellow lines.

A learning opportunity in Life's Rich Pageant !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452326 · Replies: 16 · Views: 283

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:48


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Fighting this one will require you to take the matter to adjudication with the full PCN penalty in play, not the discounted amount. This is because the council will refuse all your reps. Are you prepared to stand your ground ?

Looking at the situation "on the ground", the yellow lines are so worn out as to be considered not "substantially compliant", bearing in mind the double yellows nearby that are in apple-pie order. However, do be aware that even if you win this one, the council can continue to issue more PCNs. Do you want all the hassle ! It might be better to find somewhere else to park in future.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452324 · Replies: 11 · Views: 133

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:43


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In all likelihood, one of the residents living in the properties you were near to, has complained to the council who then send out a CEO. If the resident is present, the CEO will have issued a PCN to shut the resident up. If the photos show you are only adjacent to the sloping kerb stones you'll get the PCN cancelled, but only, normally, at adjudication as the council will always back-up their CEO. Indeed many councils are totally ignorant of the law on this, even though it is them selves that are enforcing it !!

There are loads of adjudications on this one, all favourable to the motorist, provided there is no intrusion into the dropped section.

Edit
Just to add that if you carry on parking there legally, but upset the residents, you'll probably get lots more PCNs for the same reason. Essentially they try to wear you down with PCN after PCN as most people don't want a load of hassle week after week, so maybe best to find somewhere else to park in future.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452323 · Replies: 8 · Views: 205

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:37


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QUOTE (didnotknow @ Wed, 16 Jan 2019 - 21:59) *
Tribunal date 5 weeks time here's hoping

Good luck ! Hope the Gods are with you in the adjudication chamber !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452322 · Replies: 21 · Views: 582

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:36


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I would take them to adjudication on this one on a de minimis basis. As SFM says, tey have three bays close together with the same restrictions, but all have a different number. A recipe for a trap scam ? What other reason can there be for having three separate numbers for the same location and restrictions ? OK, you'll have to risk the full PCN amount, but I would hope an adjudication will see sense and accept your appeal. What a venal and rapacious council they are !!! Boiling oil has to be in there somewhere for them when they pass on from this life.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452320 · Replies: 6 · Views: 101

Incandescent
Posted on: Wed, 16 Jan 2019 - 22:29


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Sorry to be unhelpful, but the video shows that the vehicle that you claim blocked your exit moves across before you enter the box, so if you take this to adjudication you will lose, IMHO
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452315 · Replies: 4 · Views: 111

Incandescent
Posted on: Wed, 16 Jan 2019 - 20:14


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It does grieve me that genuine cases can lose and have to cough-up, although I have to say I do sleep soundly most nights !!

Frankly the law is totally inadequate on these matters now that so much motoring stuff is being pursued by councils just to get the cash in. Far too many COs reject submissions when they know full well they are submitted by people who have no legal knowledge. Councils should NOT be able to object to these submissions unless their objection has been placed before the person submitting the statement for a response. Only then should a court officer be able to accept or reject a submission. Yes, this would be far more involved and time-consuming, but justice should be the aim, not speed. In most cases the person is facing a bill of several hundred pounds. Councils get far too much money from PCNs, so there needs to be far more obstacles placed in their way to collecting their pound of flesh.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452266 · Replies: 60 · Views: 761

Incandescent
Posted on: Wed, 16 Jan 2019 - 20:03


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QUOTE (HPCS84 @ Wed, 16 Jan 2019 - 18:45) *
I more mean, is it worth it? Do we have a chance?

Have they re-offered the discounted penalty ? If they have, then you have a decision to make, (with our help); if they haven't then it is a no-brainer to take them to the adjudicators as the penalty will not increase.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452263 · Replies: 17 · Views: 219

Incandescent
Posted on: Wed, 16 Jan 2019 - 20:00


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Well done. It seems that the "0845" issue really puts their hand to the fire !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452260 · Replies: 22 · Views: 837

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