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Neil B
Posted on: Today, 09:57


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Tks M.
QUOTE (Mr Mustard @ Fri, 21 Sep 2018 - 10:08) *
A review request to the tribunal is out of time.

It is but with a strong reason to be considered; The current matter has only just occurred.

I'm not sure we're seeking a review as such, as we are not querying the original decision.

Suggestion:
Perhaps write to LT, explaining --
-- CC, just issued, exceeds the amount due.
-- V briefly explain why CC issued at all, i.e. not understanding £65 was to be paid.
-- No other avenues open to address the unlawful CC.

LT might choose to deal with it as a review or might respond in some other way; I can't think what though.

---

No option to make an SD based on PCN paid (i.e. pay the £130 first) as no such option on an SD.

--

OR
the complaint to Barnet.

--
Whatever it is -- pronto.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418560 · Replies: 57 · Views: 545

Neil B
Posted on: Today, 00:18


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QUOTE (explorer87 @ Fri, 21 Sep 2018 - 00:39) *
QUOTE (Mr Mustard @ Thu, 20 Sep 2018 - 23:45) *
We need the entire page of the charge certificate to see all dates & amounts. Technical errors lead to solutions sometimes. Just cover your name address and vehicle registration or email it to mrmustard@zoho.com and I will do it


Thank you very much - have just emailed you

Oh, don't mind the rest of us, for lack of a matchbox. rolleyes.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418488 · Replies: 57 · Views: 545

Neil B
Posted on: Yesterday, 10:26


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QUOTE (estevenin @ Wed, 19 Sep 2018 - 17:02) *
I was almost sure that, because I was a private hire vehicule, I didn't have to pay for the charge (like the congestion charge, it's the same logo). So I immediately send them back the appeal form, sending them my vehicule PHL Licence Number.

I naively underestimated how cheeky they can be with these matters...

I don't think they've been cheeky at all: They made an exraordinary offer that no other Enforcement Authority
ever does.
I could criticise your decision not to take up that offer but that's hindsight. I actually think your reasons hold water as you
genuinely thought you might not be liable.

Given they are not 'cheeky' and you left them no choice I would try talking to them as here >
http://forums.pepipoo.com/index.php?showtopic=122899

-- explaining as you have here and thanking them for clarifying why you were liable.
Might work.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418252 · Replies: 4 · Views: 81

Neil B
Posted on: Wed, 19 Sep 2018 - 14:57


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QUOTE (estevenin @ Wed, 19 Sep 2018 - 14:35) *
QUOTE (Neil B @ Wed, 19 Sep 2018 - 13:10) *
But unlike the other guy, just wait for me to find the wording my friend used.

No problem.

Sorry, just looked and I only have the cancellation.

So, just try similar to the other guy -
QUOTE (Woofiedog123 @ Sat, 25 Aug 2018 - 22:47) *
I have emailed them asking them to send me original PCN and proof of sending. I doubt they will even read it in time before the 14 days left is up. It says on the website it is taking up to 10 weeks to respond to emails. It also says that any queries will halt any further charges to my account. So I hope that is right. I genuinely did not get the PCN, so it was obviously put through another letter box - probably at the annex next door. I should have got it, as I normally do get letters posted to the generic door number stated on the CC, so the flat number is not really essential. The same letterbox would still be used even if they had inserted the flat number.


I'd not be too challenging; rather, sound a bit bemused at at having received a Charge Cert without the PCN first.

I'm assuming there are no address issues like his?

---

If an Order for Recovery arrives anyway, we'll deal with it that way.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418095 · Replies: 6 · Views: 95

Neil B
Posted on: Wed, 19 Sep 2018 - 14:47


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QUOTE (estevenin @ Wed, 19 Sep 2018 - 14:35) *
I will try to find that information out (Hopefully it will not trigger them for the admin fees stuff).

Then maybe don't.
It's not crucial right at the moment.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418092 · Replies: 6 · Views: 95

Neil B
Posted on: Wed, 19 Sep 2018 - 13:10


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QUOTE (estevenin @ Wed, 19 Sep 2018 - 13:55) *
Should I do it or not ? (From your other answers Neil, I understand the best thing to do is to wait for the next notice...)

Yes, it is a good idea.
It's against the advice we normally give but, oddly, CoL have responded by just cancelling without any stated reason, in both that case
and for a friend of mine.
I think they are just touchy about the whole Bank scheme.

But unlike the other guy, just wait for me to find the wording my friend used.

----

Meanwhile, try and find out from the hire co the date of the earlier PCN they received and the date it was cancelled.

Have they charged you an admin fee?
They normally do but if they have your card details you may not have noticed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418057 · Replies: 6 · Views: 95

Neil B
Posted on: Wed, 19 Sep 2018 - 11:30


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See this case >

http://forums.pepipoo.com/index.php?showto...mp;hl=impatient


But as yours was a rental we need to check some other matters first.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418020 · Replies: 6 · Views: 95

Neil B
Posted on: Tue, 18 Sep 2018 - 22:29


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Tomorrow is the answer.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417889 · Replies: 207 · Views: 16,051

Neil B
Posted on: Tue, 18 Sep 2018 - 22:10


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But -
QUOTE (JoannaSeirian @ Tue, 18 Sep 2018 - 22:35) *
apologies- should read as follows:I then received an NTO on the 21/08/2018

doesn't tell us anything because we don't know the date of it. How do we work out deadline for you?

Again --- and you know by now, this is why we need to SEE things.

We've now wasted 4 posts and a possible deadline.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417883 · Replies: 207 · Views: 16,051

Neil B
Posted on: Tue, 18 Sep 2018 - 20:19


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QUOTE (PASTMYBEST @ Tue, 18 Sep 2018 - 18:50) *
Op said the CC is demanding £195 so exceeds the amount due £130

Yeah, sorry PMB, I missed that.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417839 · Replies: 57 · Views: 545

Neil B
Posted on: Tue, 18 Sep 2018 - 17:59


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QUOTE (Enceladus @ Tue, 18 Sep 2018 - 18:25) *
The decision is dated the 16th August. I take it this was not a personal hearing so you were informed of the outcome by post?
What date is on the decision letter, the 17th August maybe?
And do you have the envelope? Is there a postmark/franking mark? If yes, what date?

QUOTE (explorer87 @ Tue, 18 Sep 2018 - 15:08) *
17th August : Email response from London Tribunal case rejected and must pay full PCN within 28 days.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417772 · Replies: 57 · Views: 545

Neil B
Posted on: Tue, 18 Sep 2018 - 16:46


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QUOTE (DancingDad @ Tue, 18 Sep 2018 - 17:22) *
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.

One little issue is that the Tribunal is using flawed wording, at odds with legislation under which the deadline was 13th.

But as you say, an instruction from an adjudicator and they can instruct whatever they like I suppose.

---
I'm also curious if the adjudicator understood that £65 had already been paid? Given -
'Full penalty charge notice amount stated to be paid within 28 days.'

QUOTE (PASTMYBEST @ Tue, 18 Sep 2018 - 17:37) *
That the charge certificate has been issued earlier than allowed by statute

As I've just said, it isn't; it's only at odds with the adjudicator.



QUOTE (PASTMYBEST @ Tue, 18 Sep 2018 - 17:37) *
and that the amount demanded by the CC is in excess of that allowed by statute

I'm not getting that?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417745 · Replies: 57 · Views: 545

Neil B
Posted on: Tue, 18 Sep 2018 - 14:47


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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 !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417697 · Replies: 57 · Views: 545

Neil B
Posted on: Tue, 18 Sep 2018 - 13:57


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QUOTE (King312 @ Tue, 18 Sep 2018 - 14:52) *
@stamfordman, I don't like your answer, but thank you for responding and explaining. I will pay the fine next week.

Uh?
I would have answered the same.

QUOTE (King312 @ Tue, 18 Sep 2018 - 14:25) *
there is no mention of parking restrictions,

Top sign; the yellow one.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417672 · Replies: 7 · Views: 104

Neil B
Posted on: Tue, 18 Sep 2018 - 11:19


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QUOTE (drivetime @ Tue, 18 Sep 2018 - 11:07) *
I called the Traffic Enforcement Centre (TEC) on 18/09/18, who have confirmed that all PCN related documents (PCN, Notice to owner, charge certificate, order for recovery) were incorrectly sent to the following address: [ADDRESS2]. (Note the missing street address). This differs from the address on my V5 at the time. Please refer to the TEC for details of these documents.

Being the crux of the matter, this would be better nearer the top.
It's also slightly askew: As I said earlier, TEC don't issue those notices so can't know how they were addressed.
They could only possibly have said that a particular address was advised to them by WF when registering the debt
and, later, requesting a warrant.
It would be the Council, only, that could say how the notices were addressed.


QUOTE (drivetime @ Tue, 18 Sep 2018 - 10:39) *
I'll get these signed at 2:30 today and emailed by end of day.

By 3.45pm would be better.
There is a 4pm cut off, daily, for processing of applications.

QUOTE (hcandersen @ Tue, 18 Sep 2018 - 12:18) *
but I would prefer a clear, bold statement at the beginning...

The reason I did not receive the PCN is that the authority addressed this(and all subsequent notices, including the OfR) to an address other than the one provided to them by DVLA - please see address used by the authority (copy PCN?) and the one held by DVLA - see *** enclosed.

Cross posted - snap.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417594 · Replies: 28 · Views: 437

Neil B
Posted on: Tue, 18 Sep 2018 - 11:01


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QUOTE (Mr Mustard @ Tue, 18 Sep 2018 - 08:09) *
Barnet’s only choices on receipt of a stat dec would be to cancel (sometimes they do) to issue a fresh PCN or to refuse it on the grounds of it not being true & possibly take some action on that, not sure what though.

To be clear on process, for the OP, the Council cannot refuse an SD; it's a Court matter.
If they wanted to query it then they would have to issue a new PCN, contest it and submit the issue in evidence
to an adjudicator.

If they felt a criminal offence had been committed then they can report it to the Court I suppose - but never heard
of such an incident.

--
I've only just noticed that the OP has actually e-mailed the Council.

We need to see that and the response which, on description, sounds flawed.

If the e-mail was submitted as representations then Council are ok to say too late.
If it was only an enquiry then I'd argue it is not ok to say it is too late. Surely they cannot pre-emp disregarding late reps that
they haven't yet received.

If that is the case, it may be best to submit reps now. Then it might be justifiable to file an SD, if it becomes necessary, on
an alternative ground.

Before anything else, we need to SEE some docs.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417587 · Replies: 21 · Views: 261

Neil B
Posted on: Tue, 18 Sep 2018 - 00:26


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QUOTE (Mr Mustard @ Tue, 18 Sep 2018 - 00:31) *
It was not wise to leave your post to pile up unopened for 6 weeks. You have now left yourself without any valid option to file a witness statement and having told the council when you were away you would have to sign an obviously false declaration if you wanted to claim that you did not 'receive' the PCN because you were out of the country. Signing a false declaration carries a maximum fine of £5,000.

This is what the Interpretation Act says about service

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


The PCN was delivered & you have admitted it was delivered. Timing has been unlucky and my advice is to pay up now because it only gets worse from here. £8 to register the PCN as a debt at Court, £75 for the bailiff's first letter then £235 for a visit, whether you are home or not, and sooner or later your car will probably be clamped to force the payment out of you.

I know it hurts but paying now is the least painful option.

I don't agree with that.
'unless the contrary is proved'; not, unless it were to be extraordinarily challenged, the OP need prove anything in the scheme of things; the process being automatic;

One might take the view that the notice was not received/served in such terms as it could be acted upon and was therefore not 'served' on the
intended recipient.

There are times when the failings of legislation leave interpretation open and it should be used appropriately for the sake
of justice.

Having no reason to disbelieve the OP was away for 6 weeks.
I think it is entirely up to the OP's conscience whether or not they 'received' the PCN and whether they can make an homest
Statutory Declaration (not a Witness Statement) to the effect that no PCN was received.

Neither your opinion, nor mine can affect what the OP feels to be true, in terms of an application to the Court concerned.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417466 · Replies: 21 · Views: 261

Neil B
Posted on: Mon, 17 Sep 2018 - 23:51


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Still not making sense.

What is the tribunal case number?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417465 · Replies: 57 · Views: 545

Neil B
Posted on: Mon, 17 Sep 2018 - 22:35


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QUOTE (drivetime @ Mon, 17 Sep 2018 - 21:28) *
I will try all the numbers on the automated line.

No, that's not what I said.
DON'T select anything and, on most Council systems, you will default back to a bunch of general CS assistants who will either play
middle-man or be able to acceess the relevant records
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417458 · Replies: 28 · Views: 437

Neil B
Posted on: Mon, 17 Sep 2018 - 22:25


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QUOTE (drivetime @ Mon, 17 Sep 2018 - 22:21) *
Thanks for this Enceladus. I will call them first thing tomorrow and get the bailiff's warrant.

No, just the details Enceladus suggested. It tells us the extent of the bailiff's powers.


QUOTE (Enceladus @ Mon, 17 Sep 2018 - 22:08) *
The address used for some other PCN is not relevant at this stage.

I disagree: If DVLA have previously supplied a flawed address for RK (however unusual) then it's possible they have again
and it would be crucial to the PE2 application.

Hence the importance of asking the Council exactly where notices were sent.

OP could help him/her self further by actually showing some (redacted) evidence/correspondence and compiling
the timeline previously requested.

And, while time is shorter than short, WF routinely oppose so getting it right, quickly, is important.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417456 · Replies: 28 · Views: 437

Neil B
Posted on: Mon, 17 Sep 2018 - 19:56


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It's all you have.
Signs in that direction are clear imho.

Numerous adjudications +/- to read in the ET&A Register.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417410 · Replies: 6 · Views: 136

Neil B
Posted on: Mon, 17 Sep 2018 - 19:53


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QUOTE (drivetime @ Mon, 17 Sep 2018 - 20:44) *
Will also get evidence of any letters sent for the current PCN - I'll call TEC for this tomorrow.

TEC don't have that record, only the Council.

The knack of making phone contact is NEVER to select 'parking' in the options.
Do whatever necessary to default to general customer service.

QUOTE (drivetime @ Mon, 17 Sep 2018 - 20:44) *
Yes - their letters were always sent to an address that was slightly different to V5 address.

Yes but letters in relation to what?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417406 · Replies: 28 · Views: 437

Neil B
Posted on: Mon, 17 Sep 2018 - 18:38


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QUOTE (drivetime @ Mon, 17 Sep 2018 - 19:34) *
I also have evidence that the DVLA were incorrectly addressing correspondence to me at the previous address (they were mangling the address from my V5 and missing the house number).

Are you saying that the DVLA record of your address differed from the V5 ?
What evidence?

---

You need a full timeline of events.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417378 · Replies: 28 · Views: 437

Neil B
Posted on: Mon, 17 Sep 2018 - 18:29


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QUOTE (drivetime @ Mon, 17 Sep 2018 - 19:22) *
should I seek professional help with completing them,

We're it biggrin.gif

QUOTE (drivetime @ Mon, 17 Sep 2018 - 18:37) *
stamfordman: My V5 was updated on 22.05.18 - Exactly my moving date. I really did everything by the book.

That helps.
Is that the 'docref' date on the V5 ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417373 · Replies: 28 · Views: 437

Neil B
Posted on: Sun, 16 Sep 2018 - 22:31


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QUOTE (hcandersen @ Sun, 16 Sep 2018 - 22:57) *
The NTO is not required to state how the PCN was served - https://www.legislation.gov.uk/uksi/2007/34...ulation/19/made

Agreed, they don't.

but it does?
QUOTE (Neil B @ Sun, 16 Sep 2018 - 22:33) *
QUOTE (stamfordman @ Sun, 16 Sep 2018 - 22:07) *
Well as CP picked up the NTO does say that the PCN was served to a person. But it may be boilerplate that's slipped into the NTO by mistake.

I'm finding that odd as I've never seen that on an NtO before that I recall; only as an either/or.

and, apparently, their own evidence suggests it wasn't.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417171 · Replies: 23 · Views: 382

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