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DancingDad
Posted on: Yesterday, 19:15


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QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:00) *
......….Looks pretty exact to me. LP = lamp post?


And me https://www.google.co.uk/maps/@51.5997715,-...3312!8i6656

You say found PCN at 8am ?
Time on it looks like 08:46 ??
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419032 · Replies: 5 · Views: 62

DancingDad
Posted on: Yesterday, 18:29


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It's been debated many times in the Flame Pit but if a cop car with Blues and Twos going, comes up behind me at speed, I am getting out of the way.
If that means entering a bus lane, so be it, I am acting on the instructions of a police officer.
Cannot claim that with an ambulance or fire engine but a marked cop car I can and I will.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419020 · Replies: 33 · Views: 882

DancingDad
Posted on: Yesterday, 10:32


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QUOTE (Redivi @ Fri, 21 Sep 2018 - 08:01) *
He also said (as pointed out in our WS) it was confusing because the first sign says Excel Parking Services Ltd, so who is the contract actually with; the claimant then said that they are sister companies.

The judge should have nailed him firmly with that

Defences and witness statements need to head this off by saying that although the companies are members are the same group, they are separate legal entities and a contract with one cannot amount to a contract with the other

At the very least it would force VCS to argue that the Contracts (Rights of Third Parties) Act 1999 should apply

Full marks to her and great report


May not apply in future for this car park.
Month ago it was closed, whether will re-open no idea but if it does, likely to be new signage.
Will need checking.

Second the comment on report and full marks to daughter, you got a good one there.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418943 · Replies: 132 · Views: 6,217

DancingDad
Posted on: Yesterday, 10:08


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QUOTE (stamfordman @ Sun, 23 Sep 2018 - 10:42) *
QUOTE (DancingDad @ Sun, 23 Sep 2018 - 10:28) *
Luddite here.
Never paid by phone.
No intention of doing so.
Happy (figuratively speaking) to use cash.
If PBP is only option, I ain't parking there.



Yes I did have you in mind...

Interesting that Hackney has been losing parking revenue and it surprised me given that many people I see in Tesco and on buses etc only use contactless cards now. Indeed you can't pay cash on London buses. There seems to be an attachment to parking meters.


My issue is partly like Facade's, just couldn't.
I have just "upgraded" from my old and trusty iPhone 3g.....to a 2nd hand iPhone 6 smile.gif
So I can at least now run apps like Ringo should I want to.
But, it takes 30 seconds to stuff some cash in a payment machine, get a ticket, display on dashboard and photograph it (bit OCD but....)
Number of times I seen people f4rting about with phones trying to pay, feck that for a game of soldiers.



  Forum: The Flame Pit · Post Preview: #1418937 · Replies: 31 · Views: 559

DancingDad
Posted on: Yesterday, 09:28


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Luddite here.
Never paid by phone.
No intention of doing so.
Happy (figuratively speaking) to use cash.
If PBP is only option, I ain't parking there.
  Forum: The Flame Pit · Post Preview: #1418924 · Replies: 31 · Views: 559

DancingDad
Posted on: Yesterday, 08:07


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QUOTE (hinyorks @ Sat, 22 Sep 2018 - 23:42) *
QUOTE (stamfordman @ Sat, 22 Sep 2018 - 22:47) *
As DD said above:

Your description of the video and that it shows a police car approaching at speed behind you, possibly with lights flashing.
Two normal exemptions could apply, acting on the instructions of a police officer (to get out of the way) and avoiding an accident (or risk being rammed by the cop car)
Very strong mitigation even if council do not like those BTW.


Well the first doesn't apply and I'm not sure that my partner considered whether she would be rammed by the police car - just saw it driving very fast and got out of the way to help them get to where they were going.

……...



At the risk of being damned as patronising again, both exemptions I stated apply.

It matters not that the instruction was via a blue light or by a cop using hand signals, your partner saw the flashing lights and took them as an instruction to shift over.
Similar with whether or not the cop car would have rammed (very doubtful) but that does not mean that a driver should not or cannot take avoiding action when being approached at speed.


BTW, calm you ire is not patronising, it is sound advice.
People often get caught up in emotions, focus on the wrong items (like being told to request in writing when that is the law, nowt to do with council) and try to fight on grounds of "it's unfair"
Totally understandable especially when budgets are tight and other issues weigh on your mind.
Calm down, read the advice, this PCN is easily winnable.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418917 · Replies: 33 · Views: 882

DancingDad
Posted on: Sat, 22 Sep 2018 - 18:48


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Calm your ire please.
No lie, the legalities of Bus Lane PCNs (outside London) make it mandatory for the council to advise how to request a viewing of the video in writing.
And are obliged to follow that should someone do so.
That they put it on the tinternet as well is not something they have to do or even to tell you about.

Your description of the video and that it shows a police car approaching at speed behind you, possibly with lights flashing.
Two normal exemptions could apply, acting on the instructions of a police officer (to get out of the way) and avoiding an accident (or risk being rammed by the cop car)
Very strong mitigation even if council do not like those BTW.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418863 · Replies: 33 · Views: 882

DancingDad
Posted on: Sat, 22 Sep 2018 - 15:31


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Would have thought it would fall under Fair Dealing, use in judicial proceedings is AFAIK
  Forum: The Flame Pit · Post Preview: #1418822 · Replies: 6 · Views: 305

DancingDad
Posted on: Sat, 22 Sep 2018 - 08:48


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One question I have is what were you stopped in a bus stop for, assuming you were.
It comes down to the credibility of the reason for service of a postal PCN.
For instance, if you stopped, passenger got out and you left...30 seconds maybe, CEO may have seen but started a PCN?
Or at the other extreme, parked up while went shopping, easily credible.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418768 · Replies: 8 · Views: 163

DancingDad
Posted on: Fri, 21 Sep 2018 - 19:50


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QUOTE (andy_foster @ Fri, 21 Sep 2018 - 20:33) *
………. and all road signs and lines are merely decorations?

Judging by the standard of driving I see on a daily basis, many drivers believe so.
  Forum: The Flame Pit · Post Preview: #1418717 · Replies: 33 · Views: 712

DancingDad
Posted on: Thu, 20 Sep 2018 - 20:50


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For some reason, the cold callers asking about my accident get all confused when I tell them it killed me.
  Forum: The Flame Pit · Post Preview: #1418448 · Replies: 11 · Views: 318

DancingDad
Posted on: Thu, 20 Sep 2018 - 20:48


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Both twassocks.
The car driver is more likely to survive being a twassock then the potential organ donor but neither have anything to be proud of in that clip
  Forum: The Flame Pit · Post Preview: #1418446 · Replies: 33 · Views: 712

DancingDad
Posted on: Thu, 20 Sep 2018 - 20:13


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Are those CEO photos or your own ??

The last does show the restriction pole and no yellow suspension sign so that is to your advantage.
Motorists have a duty to check and obey restriction signs.
If one governing the bay has no suspension sign, a motorist is entitled to rely on that.

The cones in the first picture (again seems like a CEO pic) do suggest that the cones are closer then suggested.
But where are they in the second and who's picture is that ?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418430 · Replies: 7 · Views: 156

DancingDad
Posted on: Thu, 20 Sep 2018 - 16:49


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Here https://www.google.co.uk/maps/@55.8610489,-...3312!8i6656
Payment machine and restriction pole seems to be behind you at the end of the grey (Clydesdale Bank) building but is not visible in first photo ?
I would have expected to have seen a yellow suspension sign on that one pole so should have been easily visible if you went to payment machine.
That photo seems to be the only CEO photo, any others ??
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418398 · Replies: 7 · Views: 156

DancingDad
Posted on: Thu, 20 Sep 2018 - 10:27


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QUOTE (RedDeath614 @ Wed, 19 Sep 2018 - 13:20) *
...........BTW It's an amendment order to the existing TRO. This amendment specifies changes to a Bus Lane in another street nearby.

Thanks in advance


In which case should not be an issue.
Go with the challenge based on no time clock required by TRO ????? (full title)

I'd take the tack that simple error in not setting/displaying the time clock but as BB was displayed and had not exceeded time allowed, apologies but would they cancel using discretion if nothing else.
BTW, in researching have found that the TRO does not require a time clock to be displayed so not sure there was a contravention anyway.
If they decide there was, after checking with legal dept if needs be, please detail the order, legislation or regulations that they rely on so you may consider future options.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418253 · Replies: 38 · Views: 758

DancingDad
Posted on: Tue, 18 Sep 2018 - 22:29


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Dated 21/8/18.
Deemed Served 23rd/8/18
That is day 1 of the 28.
Day 28 tomorrow, 19th Sept 18.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417890 · Replies: 207 · Views: 16,111

DancingDad
Posted on: Tue, 18 Sep 2018 - 16:22


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QUOTE (explorer87 @ Tue, 18 Sep 2018 - 17:17) *
QUOTE (PASTMYBEST @ Tue, 18 Sep 2018 - 15:54) *
QUOTE (Neil B @ Tue, 18 Sep 2018 - 15:47) *
QUOTE (explorer87 @ Tue, 18 Sep 2018 - 09:38) *
I have a case reference number with London Tribunals if that is what you are referring too?

and we DON'T !



Post the case reference number, You might be able to ask for a review as new evidence has come to light. i:e the penalty exceeds the amount etc


Case reference : 2180277632

Barnet Council are saying the penalty exceeds the amount of £130 because I never paid the full PCN before the 14th September.

Do you believe I have a case, and if so what should my next stages be?



And Barnett are wrong, pure and simple as long as that word "within" is in the decision and instructions to pay from adjudicator.
That word means that count starts on the day after the 17th.... well established legal fact.


My aim now would be to get the PCN cancelled..... that you have not paid the final £65 owing may be against you but does not alter that the council have blown it in issuing a CC early
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417736 · Replies: 57 · Views: 644

DancingDad
Posted on: Tue, 18 Sep 2018 - 16:18


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Excellent.
Big well done to daughter for keeping it together in court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417734 · Replies: 132 · Views: 6,217

DancingDad
Posted on: Tue, 18 Sep 2018 - 16:04


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On information supplied 10 minute grace should apply.
Councils often seem to forget the basics on the 10 minute regulations though.
Cancelled anyway so well done.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417726 · Replies: 7 · Views: 179

DancingDad
Posted on: Tue, 18 Sep 2018 - 15:12


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Fooking 'ell, close but just on the right side.
Within 28 days of 17th August takes us to 14th Sept.
Which means that council are entitled to send a CC anytime after 14th but NOT on or before.
In doing so, it represents and unlawful demand for money, as said, ground of the penalty demanded exceeds the amount due within circumstances of the case.

Which is a new fact and entitles Op to a review in the interests of justice.
If LT accepts, should see the PCN cancelled, as minimum see the adjudicator instructing council to cancel the CC and provide a new period for payment.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417705 · Replies: 57 · Views: 644

DancingDad
Posted on: Tue, 18 Sep 2018 - 10:07


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Date of appeal decision 17th August 2018 ??
Date of Charge Certificate please ?

I think Barnett have used the wrong date to justify issue of the CC and as such have issued it early and unlawfully.
Which may give you another bite of the cherry and could get the PCN cancelled.
That you paid the £65 is irrelevant, key date is the date of the adjudication decision and when they say you have to pay, that is what sets the clock ticking.

But confirm dates above please.
And wording of LT decision on payment..... pay the £130 within 28 days of what date?
And does it use the word "within".... exact wording please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417564 · Replies: 57 · Views: 644

DancingDad
Posted on: Tue, 18 Sep 2018 - 09:32


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Are you saying you were not in Victoria Grove?

DYLs would suggest not in any sort of restricted Zone where loading is restricted and IMO would still require Kerb Blips and upright signs.
So the loading part and hence 02 would be suspect.
Having said that, CPZ signs in Birmingham Centre include general wording No Loading. I do not believe that can apply without loading blips at least but am wondering if Hackney are relying on something like that.

Got any CEO photos and a streetview link please
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417546 · Replies: 8 · Views: 128

DancingDad
Posted on: Tue, 18 Sep 2018 - 09:06


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QUOTE (Spandex @ Tue, 18 Sep 2018 - 08:37) *
...........Leaving a gap big enough for other drivers to pull into isn’t a bad thing, it’s a good thing. It’s considerate (an unpupular idea, I know), it’s safer and it makes your life easier because it stops less considerate drivers from diving into tiny gaps in front of you.


Here Here
Fairly typical situation. Usually when in lane 1.
Can see a vehicle ahead that is travelling slower so I want to pull out to overtake.
Lane 2 is bumper to tail, maybe travelling a little faster then me, often not.
But no gap to safely pull out into.

No point sitting in lane 2 cos that is already full of MLOC.
Can no longer hit lane 3 and overtake the lot without risking cameras and chances are Lane 3 is jammed at 65mph headed by a MLOC member who has had the temerity to overtake but is holding the needle dead on 65!
These days my attitude is feck it, sit in lane 1, match speed with the lorry in front, leave a reasonable gap, relax.
  Forum: The Flame Pit · Post Preview: #1417531 · Replies: 16 · Views: 347

DancingDad
Posted on: Mon, 17 Sep 2018 - 12:43


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You have a valid challenge.
PCN must be served within 28 days unless they have good (prescribed) reason to serve late.
DVLA not coming up with details in time is one but the system these days usually gives returns next day at worst.
Wrong details on V5c or lease car is most common but 5 weeks is generally too short for that to happen.


Include with any challenge that the PCN was served out of time and must therefore be cancelled or good reason given why it can still be regarded as lawfully served.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417276 · Replies: 8 · Views: 130

DancingDad
Posted on: Mon, 17 Sep 2018 - 12:37


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QUOTE (buzzlight @ Mon, 17 Sep 2018 - 12:47) *
.........Paying the discounted rate is too good for you.

You may want to review Rule 8.
http://forums.pepipoo.com/index.php?showtopic=107010
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417274 · Replies: 12 · Views: 244

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