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Neil B
Posted on: Yesterday, 23:48


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Yes but it needs very little detail.

PE2 is a request to file PE3 late.

You are best advised to show us your drafts of PE2 before filing, if time permits.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391479 · Replies: 10 · Views: 136

Neil B
Posted on: Yesterday, 15:42


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QUOTE (MarknotPolo @ Sun, 17 Jun 2018 - 15:00) *
I hope their response is not "We calibrated the day before therefore we do not accept your challenge". However I am also challenging on separate grounds of de minimis so lets see.

Your expectations are still not quite in tune.
If they respond, it will be with utter nonsense with a patronising lecture tagged on.

This ridiculous bus lane case has no response yet at the same stage http://forums.pepipoo.com/index.php?showto...1&hl=newham

This one is at formal stage, after 6 mths and has no response yet. It will time-out in 10 days.
http://forums.pepipoo.com/index.php?showto...5&hl=pencil


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391327 · Replies: 23 · Views: 512

Neil B
Posted on: Yesterday, 15:22


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QUOTE (carlosescobar @ Sun, 17 Jun 2018 - 15:57) *
[This appears to have been reset and not gone before an adjudicator for direction.

How do you know? You've only shown the revoking Order.

It's dated 1st May ??? Explain please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391319 · Replies: 60 · Views: 4,138

Neil B
Posted on: Yesterday, 11:55


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I'm fairly sure there's no such thing as a 'calibration certificate' exactly. Bus lane cameras are not 'approved' devices
in London.
A more appropriate question would be to ask what procedures are in place to check camera accuracy and when and
how often such checks take place.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391280 · Replies: 23 · Views: 512

Neil B
Posted on: Sat, 16 Jun 2018 - 19:20


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Fast cancellation or clueless response ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391187 · Replies: 73 · Views: 1,655

Neil B
Posted on: Sat, 16 Jun 2018 - 19:08


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QUOTE (MarknotPolo @ Sat, 16 Jun 2018 - 18:36) *
If that's all it would take I hope it gets the job done.

Well, no, it won't but it's an ideal starting point.
You have to understand the game.
Newham are stubborn and in recent cases where they are clearly wrong they have a habit of delaying their responses.

PMB has linked the ridiculously long-winded process for London bus lanes.

So, bearing in mind that you said you are short of time, let me offer some reassurance:
It could be months! Aha, but the actual amount of time you'd need to actually devote to it, even
if it went all the way to adjudication, is a few hours at most.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391183 · Replies: 23 · Views: 512

Neil B
Posted on: Sat, 16 Jun 2018 - 15:26


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Better but wait to see what others say.

Weekends here are quieter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391126 · Replies: 23 · Views: 512

Neil B
Posted on: Sat, 16 Jun 2018 - 15:01


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Why is this not added to the relevant thread you already have?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391114 · Replies: 35 · Views: 1,544

Neil B
Posted on: Sat, 16 Jun 2018 - 14:55


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I would drop a lot of it: You're giving them to much to talk nonsense back on.

All the stuff about calibrating your car clock, internet, mirrors, electronic signs, clear of buses, etc.

We are looking at their ridiculous action, not what you have done
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391112 · Replies: 23 · Views: 512

Neil B
Posted on: Sat, 16 Jun 2018 - 10:47


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QUOTE (john1234567 @ Sat, 16 Jun 2018 - 09:16) *
Does anybody know what the standard is for quality of road markings

If that's the only question and you're not going to tell us anything else, the answer is -

an adjudicator's opinion on whether the signs are 'substantially compliant'.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391060 · Replies: 2 · Views: 110

Neil B
Posted on: Fri, 15 Jun 2018 - 21:07


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Dated?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390982 · Replies: 73 · Views: 1,655

Neil B
Posted on: Fri, 15 Jun 2018 - 16:52


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QUOTE (stamfordman @ Fri, 15 Jun 2018 - 16:22) *
Well the car that edged out was doing so as the biker came into the box but it certainly cut up two of you so well worth an appeal. The car in the outside lane as a strong case.

Yeah, I think that's a better angle of attack.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390874 · Replies: 16 · Views: 325

Neil B
Posted on: Fri, 15 Jun 2018 - 16:46


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QUOTE (spaceman @ Fri, 15 Jun 2018 - 17:32) *
QUOTE (cp8759 @ Thu, 14 Jun 2018 - 19:10) *
However the letter of 5 June 2018 says "We have carefully considered what you say...", therefore the authority has considered the representations and it follows that they were not disregarded. Under regulation 9 of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, when the council to consider representations even though they were received outside of the 28 day period, it must serve a Notice of Rejection and specifically that


The regulations do not say this.
The authority may disregard after consideration in accordance with 9(1).
Since under law hierachy regulations take precedence over common law where does it specificially say in them that, once an authority has begun to consider representations submitted outside the required period, they are obliged to issue a NoR if they reject them?

You're both talking about the wrong Reg. albeit same effect. It's Reg 5.

And I would say it does:

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.

(2) Where representations are made to an enforcement authority by virtue of regulation 4(1) and in accordance with regulation 4(2), it shall subject to paragraph (1) be the duty of the enforcement authority—

'subject to para (1)'.
Ergo, if they don't employ (1) the duty falls on them to serve NoR.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390873 · Replies: 17 · Views: 363

Neil B
Posted on: Fri, 15 Jun 2018 - 12:34


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No prob.
bump this thread Tues/Weds to remind me.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390792 · Replies: 30 · Views: 543

Neil B
Posted on: Fri, 15 Jun 2018 - 12:32


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QUOTE (Maroon @ Fri, 15 Jun 2018 - 13:08) *
Sorry about that. 14 June 2017 is the date on the docref. The notice was issued on 6 May 2017. Date of contravention was 17 April.

Which means you probably sent the update to DVLA circa mid May and there's been a bit of an unfortunate coincidence
of timing. You would need to emphasise that on PE2.
That you took five months to update is a negative but maybe not directly relevant if you concentrate on the first fact.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390790 · Replies: 10 · Views: 136

Neil B
Posted on: Fri, 15 Jun 2018 - 11:54


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QUOTE (Maroon @ Fri, 15 Jun 2018 - 12:33) *
June 2017 dry.gif


You are going to have to get used to being accurate. Quoting months is only vaguely helpful. Dates !
You need them, not us.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390777 · Replies: 10 · Views: 136

Neil B
Posted on: Fri, 15 Jun 2018 - 11:09


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QUOTE (Maroon @ Fri, 15 Jun 2018 - 12:03) *
How do I find out what is the date of change of address?

On the V5 'docref'.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390758 · Replies: 10 · Views: 136

Neil B
Posted on: Fri, 15 Jun 2018 - 11:07


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QUOTE (A27 @ Fri, 15 Jun 2018 - 11:57) *
if he wishes he has the option of the Small Claims Court.

Why would you put ideas in his head: He ignored the notices and incurred bailiff fees.
Although it's a funny amount; what's the exact figure? Some LEZ penalties are £1K to start I think, not sure.

To put your mind further at rest, would you ever have been liable at all, i.e. did you sign a 'hire agreement'?

and Dad's other questions on whether you were warned of LEZ compliance?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390755 · Replies: 8 · Views: 539

Neil B
Posted on: Thu, 14 Jun 2018 - 22:07


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QUOTE (MarknotPolo @ Thu, 14 Jun 2018 - 22:49) *
The notice was issued on 04/06/2018. Does this mean a challenge posted via recorded delivery and faxed on Monday 18/06/18 would fall within the 14 day reduced fee period?

Never use recorded.
FAX by 17th latest (14th day). Get a transmission receipt.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390648 · Replies: 23 · Views: 512

Neil B
Posted on: Thu, 14 Jun 2018 - 22:04


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QUOTE (Neonin @ Thu, 14 Jun 2018 - 22:17) *
I was thinking about dropping them an email tonight just confirming that I have a court appointment tomorrow and the forms will be with TEC shortly after, and that'll I'll ring them to confirm. I was also going to say thank you to them for their speedy response with the dates, I had the email back less than ten minutes after I sent the request.

Should I hold off on that until next week then?

No, go ahead with that, it's ok and might remind them to suspend the bailiff.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390645 · Replies: 30 · Views: 543

Neil B
Posted on: Thu, 14 Jun 2018 - 21:07


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QUOTE (Neonin @ Thu, 14 Jun 2018 - 22:02) *
I hope you enjoyed your bit of chillin'! smile.gif I find a nice smooth rum and lemonade helps myself.

That looks good to me, much more professional than I managed on my attempt. Unless you think it would particularly help I won't add the bit about mail forwarding, as they told me they would do it for two weeks assuming the next tenant passed any on to them and that would have ended before the first PCN arrived at my old address anyway.

Barring further advice or comments I'll complete the forms using your wording, scan the bailiffs letter, and go up to the courthouse tomorrow to sign it in front of the official witness. Luckily I'll be able to get back to work in about 10 minutes and scan/send the completed forms to TEC quickly. I'll then ring Wolverhampton Council and inform them, politely, that I've filed the forms and to ask if they would look out for the notification from TEC.

If I have missed anything please let me know!

Confirm when done.

Middle of next week we are going to write to Wolves to, erm, encourage them. I'll explain why later.

---
I'm never completely happy with my wording but we've got the important points in I think.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390628 · Replies: 30 · Views: 543

Neil B
Posted on: Thu, 14 Jun 2018 - 20:41


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QUOTE (DancingDad @ Thu, 14 Jun 2018 - 20:57) *
Most I would be prepared to do, if they did warn me on the LEZ compliance, is pay the original PCN.


By that we mean as a gesture; you are not legally liable for even that.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390620 · Replies: 8 · Views: 539

Neil B
Posted on: Thu, 14 Jun 2018 - 20:35


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Ok, look at this draft.

In the box on PE2 write just --- 'Please see attached Statement and supporting evidence'

Head that attached sheet as the box is headed 'My reasons for -------'

That also lets you format it clearly, as below and use bold as and where I have.

You can add a sentence or two re your claimed mail forwarding arrangement, in an appropriate place, if you wish.

I had no knowledge of this matter until I received a bailiffs notice on 11/6/18 (copy attached). I did not receive the PCN or subsequent statutory notices due to
a change of address. Notably, I moved from xxxxxxxx to xxxxxxxx on 30/6/17, only the day after the contravention of 29/6/18 as shown by xxxxxxxxx (attached).

As the vehicle concerned was on hire a first PCN was sent to the hire Co. and, I am informed by the Enforcement Authority, after liability was transferred, a PCN was
eventually sent to my previous address, on xx/xx/xx.

I am confident that both the Court and the Enforcement Authority will recognise that this matter has resulted from a particularly unfortunate coincidence
of timing.
Neither myself or the Enforcement Authority are at fault.

I have had no earlier opportunity to file a Statutory Declaration and I respectfully request that I now be permitted to so that I may settle the matter promptly.



Subject to your questions, comments or those of other members.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390617 · Replies: 30 · Views: 543

Neil B
Posted on: Thu, 14 Jun 2018 - 19:50


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Not forgotten ya.

Just chillin a while.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390607 · Replies: 30 · Views: 543

Neil B
Posted on: Thu, 14 Jun 2018 - 19:48


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I read a tiny bit and got bored.

Bailiff is pursuing a debt from the owner of the vehicle.

You are not currently involved or liable.

End of story.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390606 · Replies: 8 · Views: 539

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