PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

391 Pages V   1 2 3 > » 

cp8759
Posted on: Today, 19:00


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


I agree we need to see the council photos, however IMO the council is estopped from enforcing at this location.

2008: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en
2009: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en
2012: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en
2014: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en
2015: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en
2018: https://www.google.co.uk/maps/place/Agnes+G...0.1322443?hl=en

After 11 years obviously residents have a legitimate expectation that parking in this manner is at least tolerated.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480352 · Replies: 5 · Views: 88

cp8759
Posted on: Today, 16:21


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Player1337 @ Tue, 23 Apr 2019 - 08:41) *
Anyway how much donation is required to enter the super secret section?

I can only imagine you're referring to this? http://forums.pepipoo.com/index.php?act=He...E=01&HID=17
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480310 · Replies: 5 · Views: 131

cp8759
Posted on: Today, 16:15


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Pat123 @ Tue, 23 Apr 2019 - 08:15) *
QUOTE (Incandescent @ Mon, 22 Apr 2019 - 16:44) *
You could show is, but be aware that you have to pick from one or more statutory grounds of appeal. This is probably what they are asking you to do.


Thanks for the response, but one of the reasons I am contesting is that the PCN itself has a faulty wording. This is not an option in the available list. Can I "tack on" this when I challenge it on the improper signs option?

For bus lane PCNs faulty wordings comes under the statutory ground that the penalty exceeds the amount due in the circumstances of the case. To be honest Reading are 100% guaranteed to reject all technical appeals anyway (not maliciously, but just because they don't understand them), so it hardly matters what you write. It's just a question of going through the motions so you can appeal to the tribunal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480306 · Replies: 8 · Views: 81

cp8759
Posted on: Today, 16:00


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (downandout @ Mon, 22 Apr 2019 - 23:42) *
QUOTE (cp8759 @ Wed, 6 Mar 2019 - 19:06) *
(thought of course if you make a false SD, you're opening yourself up to criminal prosecution).



this is where i am confused, i am fairly sure that i submitted the appeal on line within the timeframe. However i dont have any proof except for my word. What if council can prove through their systems/IT that no appeal was received etc?

For the purposes of a statutory declaration what counts is your belief, not what you can prove. If you honestly believe you made representations in time, you are entitled to make a statutory declaration. It's only an offence to make a statutory declaration if, at the time you made it, you knew it to be false.


QUOTE (downandout @ Mon, 22 Apr 2019 - 23:42) *
Like i said above, i was surprised at the fact at the time of submission of appeal that no email confirmation/acknowledgement was received. i also thought i took an image of the submission confirmation however, again i am unable to find that.

Secondly, the SD form has come through. It has to be witnessed by a solicitor, or a county court officer. Which option has the least hassle?

A solicitor will charge a small fee, the county court is free but you may need to make an appointment (many county court counters have been closed and you can't turn up and join the queue as used to be the case), the magistrates court doesn't need an appointment and many have the advantage of being open on a Saturday, but there might be a long wait involved. Which option is more convenient is down to your preference.

Most people on here seem to go for the county court option as a timed appointment suits many, but I always mention the magistrates' court because, for example, I'm within 15 minutes of a magistrates' court but the nearest county court is almost an hour away. Some people use their solicitor but IMO that's a waste of money.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480299 · Replies: 37 · Views: 1,113

cp8759
Posted on: Today, 15:42


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (zwekk @ Tue, 23 Apr 2019 - 00:12) *
QUOTE (southpaw82 @ Mon, 22 Apr 2019 - 18:25) *
And the police would be interested because? (Hint: they wouldn't). Just ask the council.


Whether or not the police would be interested is irrelevant. If the BB was taken following the correct procedure, even if it was wrong, it was not unlawful. Otherwise, it is no different to you or I taking it.

The purpose of the police is to investigate crime. While the council may or may not have acted illegally as a matter of public or administrative law, and as unfortunate as the circumstances may be, neither the CEO nor the council have committed a criminal offence, so the chances of the police taking an interest is zero.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480294 · Replies: 25 · Views: 371

cp8759
Posted on: Today, 14:07


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (SuperBobby @ Wed, 24 Apr 2019 - 15:05) *
Hello,
What did you decide to this with this one? I had the exact same letter from the council rejecting my appeal.
Did you go to the tribunal?
Any suggestions? cp8759 - should I use the Nisha Patel v London Borough of Hounslow (case reference 2190096099) or just pay up as you suggest here?

Regards

Start your own thread please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480264 · Replies: 5 · Views: 119

cp8759
Posted on: Today, 14:03


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Motorist2018 @ Wed, 24 Apr 2019 - 14:26) *
PCNs LJ10344895 - I have registered the appeal over last weekend on the London Tribunals website, however in the reasons box, I added your letter and photo's of the sign facing in the wrong direction. I have since had a reply to attend the tribunal on the 25/05 which i am unable to attend so will re-arrange. Please advise what I should say/do at the tribunal?

Letter from London Tribunal is on this link: https://www.dropbox.com/s/jg6uldd40oly4tj/2...023152.pdf?dl=0

Do you mean you added the representations letter as your appeal?

Also if the date they've given you is not convenient, you can just ask them for a different date.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480260 · Replies: 55 · Views: 1,377

cp8759
Posted on: Yesterday, 21:25


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


Forget about the yellow lines angle, if you're going down this route you must base your appeal on the fact that it's for the council to show that the resolution backs-up the positioning of the sign. Post a draft here before submitting.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480117 · Replies: 33 · Views: 973

cp8759
Posted on: Yesterday, 21:23


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


Show us the council photos and post a link to google street view
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480115 · Replies: 3 · Views: 68

cp8759
Posted on: Yesterday, 21:21


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


Have you appealed to the tribunal or are you still at the representations stage?

In any event you should have a read of Mr Watkin and others v Manchester City Council (case reference MC01044-1808): http://bit.ly/2TKSfyu
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480114 · Replies: 6 · Views: 40

cp8759
Posted on: Yesterday, 18:41


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (oabsgc @ Mon, 22 Apr 2019 - 13:00) *
Are you sure I'll have to pay the full amount? on Thursday it will be 14 days, Ive already sent a letter but also, this is from the gov uk website about challenging PCN's and paying reduced amounts:

Forget about the gov.uk website, it's written with the best of intentions but the people who author it are seldom legally qualified.

If the council reject whatever it is that you put in your letter, they might re-offer the discount but they don't have to, it's entirely up to them. The only way you can be 100% sure you don't pay more than the 50% discounted penalty, is to pay the 50% discounted penalty within the discount period. But they do re-offer the discount most of the time even if they reject an initial challenge.

What did you say in your letter to them?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480069 · Replies: 9 · Views: 268

cp8759
Posted on: Yesterday, 16:04


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


Sit Pod if you haven't paid yet, sit tight for now. From initial enquiries it appears there might not be a TMO for this bay at all.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480027 · Replies: 14 · Views: 307

cp8759
Posted on: Yesterday, 09:03


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


I think the appeal is fine as it is.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479931 · Replies: 56 · Views: 1,143

cp8759
Posted on: Mon, 22 Apr 2019 - 11:47


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


Premise, I think there's an 90% chance you will lose this appeal as the adjudicator is likely to rule that there is substantial compliance. That being said, this is my best shot at it. Keep all italics as I've used them below, for this purpose you might want to put the text below in a word document, export it to pdf and then upload it to the tribunal website as an attachment, call it something like "Grounds of Appeal.pdf"

---------------------

The Islington Prescribed Route (No. 2) Traffic Order 1970 creates the following restriction:

No Person shall cause any vehicle to proceed in any road or length of road in the London Borough of Islington specified in column 1 of the Schedule to this order in a direction other than that specified in relation to that road or length of road in column 2 of the said Schedule

It is common ground that Calshot Street is one of the roads subject to this restriction, and the movements of the vehicle are not in dispute. However liability is challenged because of the highway authority's failure to comply with regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, which provides as follows:

18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—

(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
(b) the maintenance of such signs for so long as the order remains in force; and
(с) in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.


For reasons which are unclear, the respondent has used diagram 619, which signifies "Motor vehicles prohibited": this is not the restriction provided for in the traffic order. To convey a restriction that applies to "any vehicle", the respondent should have employed diagram 616 "No entry for vehicular traffic".

The respondent has not provided any rationale as to why the effect of traffic order which prohibits entry to "any vehicle" is correctly conveyed by diagram 619, which allows entry to any vehicle which is not a motor vehicle. Because the signage does not convey the effect of the order, and the authority has thus failed to discharge its obligations under regulation 18 above, it follows that the alleged contravention did not occur.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479794 · Replies: 51 · Views: 1,392

cp8759
Posted on: Sun, 21 Apr 2019 - 21:36


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Neil B @ Sun, 21 Apr 2019 - 22:10) *
And you got what you wanted; the sole rejection.

I was expecting four Notices of Rejection, I didn't think for one moment we'd be this lucky.

QUOTE (Neil B @ Sun, 21 Apr 2019 - 22:10) *
How you've kept up with it is beyond me.

Oh compared to some of the stuff I've dealt with in the day job this is really nothing.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479739 · Replies: 55 · Views: 1,377

cp8759
Posted on: Sun, 21 Apr 2019 - 19:26


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Jess2000 @ Sun, 21 Apr 2019 - 20:05) *
QUOTE (Mad Mick V @ Sat, 20 Apr 2019 - 13:13) *
OP -------I believe your trip has confused them They seem to believe that you were in the country when the sign went up and therefore you are culpable. Your vehicle was in place and not moved well before the sign was erected and therefore you were legally parked. All your trip means is that you failed to be aware of the restriction until your return.


I went on holiday on the 8th, and the sign went up on the 7th - I was in the country when the sign went up, but was at work and had parked my cars day before, so it was legally parked before the sign went up. I am starting to think its a lot of bother to now challenge the PCN but feel out of principle that I should not pay - especially as i have now missed the deadline for the £65 charge

Is there a template i can follow for the reply, if not should i just follow the format of the previous case and add my details in/

No no and no, there is no template. Councils often lose appeals because they use templates. Instead, simply write a draft appeal based on the sequence of events, and we'll add in the legal bits for you.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479718 · Replies: 36 · Views: 1,145

cp8759
Posted on: Sun, 21 Apr 2019 - 19:24


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (stamfordman @ Sun, 21 Apr 2019 - 17:55) *
Not quite as boxed in as you make out though - I think you could have got I out but you'd probably have had to gently nudge the cars. But that's what bumpers are for.

Sorry stamfordman but that's a bit of a silly suggestion: you can't scratch / dent someone's bumper, even if they've boxed you in. Leave the tiniest mark, and if nothing else you have an "incident" you need to disclose to your insurance company. Really not worth the hassle.

Considering that replacing a bumper can easily cost £600 - £700...
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479717 · Replies: 39 · Views: 511

cp8759
Posted on: Sun, 21 Apr 2019 - 19:18


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (cc120 @ Sun, 21 Apr 2019 - 19:21) *
QUOTE (cp8759 @ Sun, 21 Apr 2019 - 16:19) *
QUOTE (cc120 @ Sun, 21 Apr 2019 - 16:16) *
QUOTE (southpaw82 @ Sun, 21 Apr 2019 - 15:13) *
The defendant probably ought to seek advice on whether there are realistic prospects to vary or suspend the order first. Otherwise they’re likely to face a[n even larger] costs order.

Thank you southpaw82. How long after the court case is acceptable for an application. I know it is best done within 7 days but I've only just become aware of the situation.

Unless you want to disclose pretty much the entire case on a public forum (which could be detrimental), you need to seek professional advice.

Thank you cp8759. I can add specific info if required?

Sure, post up every single document related to the case, every piece of evidence, court order / direction, starting form any relevant pre-action correspondence up to the present day. Of course make sure to redact personal details. Without seeing literally everything, it would be reckless to give you any advice at all.

Alternatively, you could go and see a solicitor, with the distinct advantage that the conversation would be legally privileged, rather than being published on the internet.
  Forum: The Flame Pit · Post Preview: #1479716 · Replies: 114 · Views: 18,741

cp8759
Posted on: Sun, 21 Apr 2019 - 19:07


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (DancingDad @ Sun, 21 Apr 2019 - 18:24) *
I would not call any parking department efficient either.
They get away with it because the majority of people who cop a PCN pay it.
You only have to see the mess they make of it when challenged or appeals go to adjudicators to see how poor they really are.

To be fair, the local council's parking department is hardly going to attract high flyers...
  Forum: The Flame Pit · Post Preview: #1479715 · Replies: 19 · Views: 370

cp8759
Posted on: Sun, 21 Apr 2019 - 15:19


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (cc120 @ Sun, 21 Apr 2019 - 16:16) *
QUOTE (southpaw82 @ Sun, 21 Apr 2019 - 15:13) *
The defendant probably ought to seek advice on whether there are realistic prospects to vary or suspend the order first. Otherwise they’re likely to face a[n even larger] costs order.

Thank you southpaw82. How long after the court case is acceptable for an application. I know it is best done within 7 days but I've only just become aware of the situation.

Unless you want to disclose pretty much the entire case on a public forum (which could be detrimental), you need to seek professional advice.
  Forum: The Flame Pit · Post Preview: #1479691 · Replies: 114 · Views: 18,741

cp8759
Posted on: Sun, 21 Apr 2019 - 15:18


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (DancingDad @ Sun, 21 Apr 2019 - 16:16) *
QUOTE (cp8759 @ Sun, 21 Apr 2019 - 16:02) *
QUOTE (Incandescent @ Thu, 18 Apr 2019 - 19:39) *
So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

Those are enforced under the London Local Authorities and Transport for London Act 2003 rather than the TMA.

Cardiff enforces under Welsh TMA huh.gif

I think you'll find it's the Welsh regulations under the England & Wales TMA biggrin.gif
  Forum: The Flame Pit · Post Preview: #1479690 · Replies: 11 · Views: 237

cp8759
Posted on: Sun, 21 Apr 2019 - 15:17


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (peter p @ Sun, 21 Apr 2019 - 16:11) *
Do you not see the point though, the councils can set up one department that is 100% efficient and runs like clockwork but all the others fall into diisaray. They have proved they can do it when they want to, that is undisputed so they are basically saying they can't be arsed with things like social services because they don't turn a profit. Councils shouldn't be about profits, they should be about doing the right thing.

To be honest a lot of councils parking departments outside London run a deficit. A few years ago I got a PCN in Gloucestershire which they didn't cancel at the informal stage, I got it cancelled at the formal stage and made an FOI asking how much profit they made each year, answer came back that they had a deficit of over 100 grand.
  Forum: The Flame Pit · Post Preview: #1479689 · Replies: 19 · Views: 370

cp8759
Posted on: Sun, 21 Apr 2019 - 15:15


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (PoloSee @ Sun, 21 Apr 2019 - 16:02) *
I note that Lambeth's rejection letter states that any appeal to E&TA "...must be made within 28 days". 28 days of what? The date on their letter of rejection? The date I received that same letter? Any clarification on this would be most appreciated together, of course, with any further input anyone has. Many thanks.

It says a few lines above that "Before the end of the period of 28 days beginning with the date that this letter was served (delivered): You can either..." and that would be found to be complaint with the regulations.

However, there's a will / may flaw in the letter, it says if you do nothing the charge "will" increase to £195, it should say the charge "may" increase. This is pretty much the same situation that occurred in Anthony Hall v Kent County Council (with Tunbridge Wells BC) (case reference JU-00042-1810) here: http://bit.ly/2DmNq7N
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479686 · Replies: 45 · Views: 1,295

cp8759
Posted on: Sun, 21 Apr 2019 - 15:02


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (Incandescent @ Thu, 18 Apr 2019 - 19:39) *
So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc

Those are enforced under the London Local Authorities and Transport for London Act 2003 rather than the TMA.
  Forum: The Flame Pit · Post Preview: #1479683 · Replies: 11 · Views: 237

cp8759
Posted on: Sun, 21 Apr 2019 - 14:59


Member


Group: Members
Posts: 9,818
Joined: 3 Dec 2010
Member No.: 42,618


QUOTE (The Rookie @ Wed, 17 Apr 2019 - 16:18) *
Yep, realistically they would have to issue an S172 within about 4.5 months or attend in person for a verbal one within about 5.5 months but that last a verbal S172 would create all sorts of issues anyway.

To be honest a s172 after 4-5 months is going to cause problems anyway. It's fine if it's a company vehicle and there's written records, or if the RK is the only person who ever uses the vehicle. But in a household where a car is shared amongst 2 or 3 people, even with a lot of due diligence you're going to be hard-pressed to remember who was driving on some random day several months ago.
  Forum: The Flame Pit · Post Preview: #1479682 · Replies: 14 · Views: 442

391 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Wednesday, 24th April 2019 - 19:01
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.