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Neil B
Posted on: Today, 00:43


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QUOTE (Benhil14 @ Wed, 16 Jan 2019 - 22:35) *
QUOTE (stamfordman @ Wed, 16 Jan 2019 - 22:27) *
We need to see council pics and any pics you took. Also, we need the google street view location.

Put pics on https://imgbb.com or such like.

If you PM me details I'll see if pics are online.


Hiya,
The council haven’t taken any pictures.

How do you know?
Stamf is offering to hejp.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452339 · Replies: 5 · Views: 60

Neil B
Posted on: Yesterday, 23:51


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QUOTE (DancingDad @ Wed, 16 Jan 2019 - 23:09) *
For Neil or others who may think a library visit is a strange day out, the new library is a tourist attraction.
Not only a library but hosts exhibitions, architecturally interesting and a viewing area that overlooks a lot of the city.
It would not be seen as a strange visit by any Brummie.

I don't.
I was just pointing out that it might help if they described their movements. Whether it was joining the parents or going shopping
matters not, the car was left there for the BB holders use, ready for the return trip. i.e. badge in the use of badge holder throughout.

QUOTE (DancingDad @ Wed, 16 Jan 2019 - 23:09) *
On the yellow line suggested removal.
Assuming that Op is telling the truth (and I have no reason to suppose otherwise) then a willingness to be interviewed illustrates that this is an honest account and there is nothing to fear from it, even if it is under caution.

I lean towards PMB on this. BBs are issued by Councils, this one likely B'ham. It only takes a jobsworth to decide that driving 30m without
the badge holder is not allowed and they'll cause all manner of grief; even without prosecution they might withdraw it.
I don't think the potential benefit you mention outweighs that risk.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452337 · Replies: 28 · Views: 306

Neil B
Posted on: Yesterday, 23:36


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 23:00) *
As far as I can see, the OP only needs to convince the court of 51% chance that the OP did not receive the NtO.

A notice that they've previously stated to the Court they responded to?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452335 · Replies: 45 · Views: 462

Neil B
Posted on: Yesterday, 22:20


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QUOTE (stamfordman @ Wed, 16 Jan 2019 - 21:45) *
Liverpool is a rapacious council when it comes to parking.

With parking like that I don't blame them!

Can't find CPZ map but it's City centre, two zones, restricted 8-6 at least.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452309 · Replies: 8 · Views: 63

Neil B
Posted on: Yesterday, 21:14


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QUOTE (SxcQueenE @ Wed, 16 Jan 2019 - 20:22) *
Neil I have answered this question if you look over my responses I stated the Birmingham Library which is attached to REP Theater Birmingham, that was the venue we took him to

Sorry missed it.

and joined your parents in the library?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452284 · Replies: 28 · Views: 306

Neil B
Posted on: Yesterday, 19:54


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I asked ages ago -
QUOTE (Neil B @ Wed, 16 Jan 2019 - 12:43) *
Venue? For what?

It's important to your case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452257 · Replies: 28 · Views: 306

Neil B
Posted on: Yesterday, 19:36


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 18:08) *
In any case, what should the OP do? He is faultless as far as I can see, but it's difficult to prove that he didn't receive something he never received. Is a statement of truth enough?

The answer to the second question is that we don't know: Outcomes of such cases are not published.
So we tend to advise based on common sense perceptions of how a Judge will view the evidence.

If they were to decide based on the core purpose of an N244, to review the decision of the Court Officer, then they could only
rule the CO was correct; having been faced with a woeful statement of just 13 words on the TE7.
But Judges are human and probably do look at further detail, allowing N244 to be an opportunity to add detail and evidence
previously omitted.

Before she even starts she has the problem of the N244 application being too late. Not an irretrievable issue but
requiring an additional statement of tangible reason. If not accepted, the Judge won't look further at the application.
I've not been able to find out if the £100 fee is forfeit when applications are not heard due to being late. I guess it probably is as
it is the Judge that makes the decision on delay.

Assuming the Judge is willing to look at whether statutory notices were received, what have you got to offer?
The law says they are presumed served unless the contrary is proven.

Then there's the little hiccup that, as far as I can tell, the TE9 Witness Statement was filed on false grounds.
The OP hasn't mentioned receiving an NtO.
I doubt it would be jumped on but just another complication.

Any such application would have to be detailed, correctly completed and formatted and backed up by evidence.
At cost vs potential savings. Is it worth the time and effort?

Imho, I agree with others, pay.

----

Sometimes we see genuine cases here that just can't be helped or unjust adjudications. dontknow.gif Don't lose sleep over it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452254 · Replies: 45 · Views: 462

Neil B
Posted on: Yesterday, 15:47


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 15:18) *
QUOTE (cp8759 @ Wed, 16 Jan 2019 - 14:09) *
If you receive misdirected mail, it is common courtesy to deliver it if it's addressed to a neighbour, but I don't see how you could pursue a claim for negligence. There is no positive duty on anyone to do anything with mis-delivered post (other than not opening it, if it is being opened for the purpose of detrimenting the addressee).

Calling the police will, at most, result in the OP being told he's wasting police time.


In terms of the criminal offense, I was thinking of Postal Services Act 2000 section 84:
QUOTE
84Interfering with the mail: general
(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.


I would be worried if the police considered it a waste of their time to deal with mail from a court which was neither returned nor forwarded. How much time would the police lose if their own officers turned up at court to find the defendant not present because the summons were binned or kept in a drawer?

But if the police find that there was no intention, and it was just carelessness of lack of courtesy, the OP has the evidence he needs in the form of the police report.

As for common law negligence, I am not sure whether the duty of care lies in Royal Mail for misdelivery, or the neighbour, or both.

The only item found is not one of those directly relevant to the case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452161 · Replies: 45 · Views: 462

Neil B
Posted on: Yesterday, 12:43


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We need to see the PCN, your challenge, the rejection, Council pics and a GSV link.

Venue? For what?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452047 · Replies: 28 · Views: 306

Neil B
Posted on: Tue, 15 Jan 2019 - 21:08


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QUOTE (Mr_MG @ Tue, 15 Jan 2019 - 17:48) *
I cannot make a further informal appeal at this stage (they only allow 1),

Who told you that?

I agree with PMB re the banana skin; detracting from your exemption.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451841 · Replies: 21 · Views: 320

Neil B
Posted on: Tue, 15 Jan 2019 - 21:01


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QUOTE (tkens @ Tue, 15 Jan 2019 - 20:55) *
Does it not matter that in the notification from Tonbridge it says that we should wait to hear from them. As you can see I then emailed them asking for the form they said they would email and I didn't get any reply not even by email.

I actually don't know what they are talking about.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451835 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 19:43


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You also say you're missing one from the Court - TEC.

Sometime ??? in December, which means you're almost certainly too late for N244 unless you can persuade a Judge you
didn't receive that either -- before they'll even look at your case.

Sorry I can't be of more help but you've not even the beginnings of a reason to risk £100 paying for N244.

Maybe others will think differently.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451804 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 19:26


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Terminology askew.
It's not a rejection but a copy of their 'objection' to your TE7 - albeit they've sent the front sheet and omitted the actual
statement itself.


QUOTE (tkens @ Tue, 15 Jan 2019 - 17:53) *
I don't know why they wouldn't have arrived.

What nothing? No idea at all?

Have you checked the V5 details are 100% correct?

QUOTE (tkens @ Tue, 15 Jan 2019 - 17:31) *
as you can see though I have made a bit of a hash of the reason box. I meant to say that I had not received any letters from Tonbridge and Malling.

It wouldn't have made any difference.
It's an application to a Court, not a note for the milkman.

Sorry to be harsh but they need 'why likely true' and evidence to back it up.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451794 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 17:41


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QUOTE (tkens @ Tue, 15 Jan 2019 - 16:59) *
My Dad was out on the delivery when he got a ticket. I then appealed it l

If this was a PCN on the vehicle then this wasn't an "appeal" but just an informal 'challenge'.
It will be interesting to see what you claimed on the TE9.

So far I'm counting FIVE letters/statutory notices/ notifications have not arrived?

Any idea why that might be?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451750 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 17:07


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QUOTE (tkens @ Tue, 15 Jan 2019 - 15:08) *
after speaking with the courts I have been told that my TE7 has been rejected

And rejected when?
Have you had postal notification from TEC yet?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451737 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 16:26


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Accuracy is a good starting point.
QUOTE (tkens @ Tue, 15 Jan 2019 - 15:08) *
a £40 ticket!

No such thing in Tonbridge.
QUOTE (tkens @ Tue, 15 Jan 2019 - 15:08) *
pay over £200 to submit a N244 form.

No, not that much.
QUOTE (tkens @ Tue, 15 Jan 2019 - 15:08) *
over £400

Well how much?

"my company"
What does that mean?

QUOTE (tkens @ Tue, 15 Jan 2019 - 15:08) *
I have emails sent to Tonbridge council saying that I hadn't heard anything from my appeal but did not receive replies.

I filled in a TE7.

Let's see those.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451720 · Replies: 45 · Views: 462

Neil B
Posted on: Tue, 15 Jan 2019 - 14:43


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QUOTE (Sparxy @ Mon, 14 Jan 2019 - 14:56) *
QUOTE (Neil B @ Mon, 14 Jan 2019 - 12:02) *
Why is everyone talking to themselves?

OP has never been back.


Because it's sometimes good to have a discussion on a subject, in case said event happens again? biggrin.gif

It is indeed.
But it does make me wonder when we have untaxed cars parked on, possibly, the highway, almost unbelievable failures of the authorities,
no knowledge of who removed vehicles or why, etc.
  Forum: The Flame Pit · Post Preview: #1451682 · Replies: 28 · Views: 1,129

Neil B
Posted on: Tue, 15 Jan 2019 - 12:30


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QUOTE (shoadam @ Tue, 15 Jan 2019 - 11:54) *
but the hire vehicle company has paid all the tickets without giving my right to appeal it.

Let's have a look at the hire agreement.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451619 · Replies: 5 · Views: 127

Neil B
Posted on: Tue, 15 Jan 2019 - 12:28


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Why are they talking about loading?

We need to see your challenge.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451616 · Replies: 21 · Views: 320

Neil B
Posted on: Mon, 14 Jan 2019 - 18:03


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QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 17:31) *
I have emailed them to ask them if they can add evidence onto the case and also how they comply their investigation into this.

Presumably you mean emailed TEC and the answer will be no.


QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 17:31) *
Also said that if i wanted to add evidence then Id have to appeal the decision against the TEC if they decline my argument! .

And we're trying to establish if this is worthwhile.
The process is called an N244 application and costs £100.
We simply don't have time to explain everything in detail so I suggest you Google N244 in relation to parking.
The crux of the matter is, did you receive the statutory notices. You didn't but you need to show why and back it up with evidence.

You need also to read my warning in the earlier parts of post #6.

--
Meanwhile, you should try TEC again with those questions and press them to look into how the Council came to issue two OfRs (following registration of the debt}
and a year apart? It's just not possible.
If no luck, try that question on the Council; it might just worry them.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451324 · Replies: 32 · Views: 385

Neil B
Posted on: Mon, 14 Jan 2019 - 16:06


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I presume you mean TEC not TCM ?
And they're not being very helpful >
QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 14:19) *
-- When was the debt registered ? TCM SAID THAT THEY COULD'NT SEE AS A 2nd WAS ISSUED
I don't believe the Court does not have that record. And who said 'issued', you or them? When a debt is registered they just record that,
they don't 'issue' anything; just authorise the Council to serve an OfR.

- looking back on my notes from call to council on Monday 7th Jan - the first was 7 June 17

-- Has it been registered a second time? When? If so, what address was used? - 21 May 18
And the address used?
And anyway, they can't register a debt twice !


-- When was the warrant granted? TCM Simply said that it "was obviously extended by a 1year" ????
No it's not obvious at all is it! I'm not even sure they can extend? Certainly very limited circumstances if so.

-- Has the warrant been extended? AS ABOVE

-- What address is on the warrant? Originally old address

Has it been changed? If so, when? bailiff changed on 10 Dec 19 - approved on 27 dec 19
I guess you mean 18 -- and that's the only bit that sounds about right.


TEC Customer assistants are normally helpful. I think you were unlucky getting a lazy one.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451274 · Replies: 32 · Views: 385

Neil B
Posted on: Mon, 14 Jan 2019 - 13:41


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QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 13:36) *
Neil B - What questions are you referring to?

QUOTE (Neil B @ Mon, 14 Jan 2019 - 11:56) *
I gave you questions to ask TEC, in post #6
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451217 · Replies: 32 · Views: 385

Neil B
Posted on: Mon, 14 Jan 2019 - 12:02


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Why is everyone talking to themselves?

OP has never been back.
  Forum: The Flame Pit · Post Preview: #1451161 · Replies: 28 · Views: 1,129

Neil B
Posted on: Mon, 14 Jan 2019 - 11:56


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QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 11:30) *
...Im sure I won't get anywhere with this!

And you won't if you don't listen.

We need to establish some basic facts and clear up some anomalies.
I gave you questions to ask TEC, in post #6

--
Also see HCA's latest.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451160 · Replies: 32 · Views: 385

Neil B
Posted on: Mon, 14 Jan 2019 - 11:34


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QUOTE (Forresterblake1 @ Mon, 14 Jan 2019 - 11:30) *
Spoke to the TEC today

Where are the answers to the specific questions I gave you? !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451150 · Replies: 32 · Views: 385

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