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PASTMYBEST
Posted on: Today, 15:24


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we need to see what you have sent
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361570 · Replies: 88 · Views: 4,487

PASTMYBEST
Posted on: Yesterday, 21:53


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PCN is flawed and de minimis re a policy document Stamfordman has
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361419 · Replies: 6 · Views: 107

PASTMYBEST
Posted on: Yesterday, 20:01


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QUOTE (Glospcn666 @ Sat, 24 Feb 2018 - 19:43) *
Hi All - well I submitted the reply to the NtO via the online system ( I took screen shots as there was no ability to print out the full submission) and it said I would receive a reply within 10-working days. Its now been 15-working days - do I just need to bide my time and wait to be contacted?


Yep they have 56 days to respond
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361392 · Replies: 31 · Views: 953

PASTMYBEST
Posted on: Yesterday, 15:37


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QUOTE (Bacardi @ Sat, 24 Feb 2018 - 15:21) *
https://www.flickr.com/gp/138769695@N02/A2h4u0 🌅
https://www.flickr.com/gp/138769695@N02/7Ji139 🌅

I uploaded the new sign up to Flickr but not sure how to get them to display, they seem to ha e removed the text about pedestrian zone however the red circle with car and bike is still there meaning (I believe) no motor vehicles I.e pedestratian zone. The signs previous just suggest it is a dead end nothing about a bus lane


It does change things as that sign is authorised for use for a bus gate/bus only st.

Ask the council for the current TMO, if it has not changed, the statement of reasons might invalidate it (para 45 and 46 of the JR)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361306 · Replies: 19 · Views: 293

PASTMYBEST
Posted on: Yesterday, 13:38


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99.9% certain this would be cancelled as unfair

2160306013

One of the issues raised by Mr Wireko-Brobbery is delay.
The alleged contravention occurred on 28th February 2015. Mr Wireko-Brobbery wrote to the local authority on 8th April 2015, the local authority replied on 19th May. Mr Wireko-Brobbery made further representations on 30th May and 8th June 2015. The local authority replied on 19th December 2015.
The local authority gives no explanation for why it failed to respond or take any steps to enforce the Penalty Charge Notice for over 6 months.
On 8th February 2016 the local authority received notification from the Traffic Enforcement Centre that Mr Wireko-Brobbery had made a witness statement on 4th February 2016. The local authority referred the witness statement to London Tribunals on 14th July 2016. The local authority does not explain why this referral took over 5 months.
I find that there have been two periods of substantial delay by the local authority in dealing with this Penalty Charge Notice. No explanation has been offered.
The local authority is under a duty to act fairly and this includes taking steps to enforce the penalty within a reasonable time. I consider that the delays of the local authority in this matter has breached its obligation to act in a timely manner. I find that the local authority cannot now pursue the penalty against the appellant and so I allow the appeal.

and also the key case re delay

http://www.londontribunals.gov.uk/sites/de...ses/Davis41.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361275 · Replies: 12 · Views: 208

PASTMYBEST
Posted on: Yesterday, 12:46


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Is this the Spot? If so de minimis looks a good shot
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361255 · Replies: 2 · Views: 74

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 22:52


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Go on to their twitter page, tell your story. Customer services respond to that and are generally more helpful than the call centre
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361168 · Replies: 10 · Views: 157

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 19:06


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QUOTE (bergy10 @ Fri, 23 Feb 2018 - 19:01) *
Not at all. If I was wrong in thinking that then my apologies. I guess I am just worried about this whole situation.


No need for apologies I was not getting at you, just wanted to highlight that you are entitled to take the sign at face value, it says two bays it does not differentiate
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361116 · Replies: 16 · Views: 223

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 18:57


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QUOTE (bergy10 @ Fri, 23 Feb 2018 - 18:23) *
Do they not mean the two spaces after the motorcycle area? I assume that the sign saying permit holders only is not in relation to the motorcycle area. How do these things work?


do you need to and should you need to assume what the law means?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361111 · Replies: 16 · Views: 223

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 18:54


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Don't sacrifice assisted boarding to going to get a BB word so both are included
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361109 · Replies: 40 · Views: 642

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 18:51


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reinstate dates on all docs. There is a stage missing. The rejection letter is a rejection of representations against a NTO
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361107 · Replies: 13 · Views: 286

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 17:36


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QUOTE (kaly @ Fri, 23 Feb 2018 - 17:08) *
Now it make sense why they turned it into a but lane i could never figure oute why this was the case, but everybody using it I just followed the flow of cars. I'll see if they cancel one thx for the information.

pay the first one at the discounted rate. Make representations against the second that it was a continuous contravention, and disproportionate in the level of penalty for what is in effect one offence

And also that the PCN does not comply with the regulations in that it alters your right to view the video to a location and time of the councils choosing. The regulations require that you may nominalte any council office and at a time of your choosing during normal business hours

see what they come back with
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361083 · Replies: 8 · Views: 122

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 15:50


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QUOTE
Is it worth contesting this?


If you were prepared to give them 35 quid for nothing then probably not. you have/had a valid argument but not now if you have paid
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361047 · Replies: 10 · Views: 157

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 15:46


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the second one should be cancelled as a continuous contravention, but there my be errors that help with the other one
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361045 · Replies: 8 · Views: 122

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 15:32


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QUOTE (sjSimon @ Fri, 23 Feb 2018 - 15:30) *
Is there any way we can help the 150,000 tickets issued to retroactively be refunded their fine due to the inadequate signage?

I myself am awaiting to hear from the Tribunal to know if the council will pursue my fine. I will be let off given they posted late. However, I want to see justice done for all those people who paid the fine because it was easier than going through the rigmarole of appealing (only to be declined by default) and then having to go through a tribunal.

MEN article showing 150,000 tickets issued in the last 6 months:

https://www.manchestereveningnews.co.uk/new...-fines-14326548


Maybe, am on it but don't want to say to much yet
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361037 · Replies: 150 · Views: 6,186

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 12:07


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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 11:54) *
I stick to my interpretation.

The contravention relates to a permit bay, in this case a class of resident permit holder, therefore as it is a resident permit holder bay the BB exemption applies accotding to their letter.

The fact that their definitions confuse them as well as motorists is a problem they'll have to deal with at adjudication.

So, was the bay a resident permit holder bay'? IMO, yes.

The bay has nothing necessarily to do with the definition of disabled in the Chronically Sick etc. and regs because there is no logo on the sign.

Was the driver entitled as a matter of law to rely on an interpretation of the sign which conveyed the meaning that it was a class of res permit holder bay? IMO, absolutely, and I would argue this at adjudication.

Therefore the BB provisions would apply.

OP, you must get the timings and background clear, no changing half way through the process.

Parked by arrangement, but he wasn't ready. The whole process of getting your car out of contravention was accelerated not hindered by you assisting him.


Whilst i do not really disagree with this reasoning, the BB provision is not in play if a BB is not displayed. the process of obtaining the BB is not the same as obtaining a visitors voucher, as the BB does not give a non disabled person the right to park. It is and must be the same process as collecting the disabled person, so boarding alighting
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360966 · Replies: 40 · Views: 642

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 00:18


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QUOTE (kiloecho @ Fri, 23 Feb 2018 - 00:12) *
Thank you very much for your responses on this one.

Can I check the only grounds is the misprint and I think Neil B said another legal error on the PCN, could you please help me out with the other legal error?



in the box entitled do not ignore this notice, they tell you if you do not pay in the 28 day period beginning with the date of the notice, they may issue a charge certificate.

this is not correct, They cannot issue a CC until the end of the period of 28 days beginning with the date of service. Some two days later
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360873 · Replies: 23 · Views: 608

PASTMYBEST
Posted on: Fri, 23 Feb 2018 - 00:01


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QUOTE (Mad Mick V @ Thu, 22 Feb 2018 - 23:17) *

Ta
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360866 · Replies: 41 · Views: 1,242

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 23:03


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QUOTE (John Bravo @ Thu, 22 Feb 2018 - 22:46) *
Understood

1. evidence list
2. missing letter from 18/10/2017
3. pre-NTO challenge
4. post-NTO challenge
5. their statement to tribunal



QUOTE (PASTMYBEST @ Thu, 22 Feb 2018 - 22:15) *
QUOTE (John Bravo @ Thu, 22 Feb 2018 - 22:04) *
I think I understand now where is this going, among these letters I can see one letter dated 18th of October - a formal Notice of Rejection.
where they ask to pay £130 or appeal to ETA where they also provide verification code 8xxxxx to londontribunals.org.uk

I have never received this letter! This bad admin is on purpose!
So they can screw me up with their missing letters,
Before I have challenged online this bloody PCN twice with no single email response from them or their system, but I can read these rejections just now!
This is ridiculous.


John.

Do you remember when you joined the forum, with about 1500 quids worth of dart charge penalties. I do, getting information from you was like pulling hens teeth, but when we finally got it all we were able to reduce this IIRC to about 70 quid.

Give the information asked for, its only so we can help


PASTMYBEST I think you are talking about some other John :-) It is a quite common name.


Right john just mixed up the amounts with another guy

http://forums.pepipoo.com/index.php?showtopic=103032
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360839 · Replies: 124 · Views: 7,862

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:48


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QUOTE (Mr Meldrew @ Thu, 22 Feb 2018 - 22:37) *
Synopsis

LBH&F: angry.gif Bla, bla, bla, “I have carefully considered” bla, bla, bla.
Pacman01: unsure.gif Really? Where?
LBH&F: icon_joker.gif In the Case Summary!
Pacman01: laughing4.gif
Adjudicator: ohmy.gif
LBH&F: cussing.gif
Pacman01: bootyshake.gif (my suggestion)

occasion14.gif



That was a well crafted appeal, not ashamed to say i will likely nick it when the time comes. Well done OP and Mr meldrew icon_salut.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360834 · Replies: 47 · Views: 1,743

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:41


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had a read through the judgement. It makes substantial compliance with the regs the test. This allows for wear and tear to lines.

This is the interpretation used by adjudicators.

2160301290

I have edited and only left in the relevant bit. You must remember that SC is a finding of fact for an adjudicator, they could find either way



In the Court of Appeal case of R (Herron v The Parking Adjudicator it was held that parking restrictions are imposed by the applicable Traffic Management Order not by the signage and markings. The purpose of the signage required by the Traffic Signs Regulations and General Directions 2002 (TSRGD) is to convey to the motorist adequate information to the motorist of the relevant restriction. Therefore substantial compliance with the statutory specification in the TSRGD suffices as long as the signage adequately informs the motorist and does not mislead.
Misleading is to give false or confusing information.
I have considered both parties evidence and conclude that the carriageway bay markings where the vehicle was parked were indeed faded and less than substantially compliant.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360832 · Replies: 38 · Views: 898

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:29


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QUOTE (Mad Mick V @ Thu, 22 Feb 2018 - 19:17) *
This is getting juicy if the first time the Forest of Dean enters the fray is at the NTO stage.

Subject to the views of others I would keep the appeal simple--duff PCN and failure to consider.

If an appeal to TPT is necessary then I am sure we can draft something which echoes the Fosbeary ruling.

Mick


Any one got a link
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360825 · Replies: 41 · Views: 1,242

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:26


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QUOTE (fulan @ Thu, 22 Feb 2018 - 22:21) *
tlogic2019, I've just been caught out by the poor, obscure signage at the Francis Road, Albert Road junction. Totally drove through it without seeing it. So easy to miss it. How did you get on with your appeal? Any luck? Thanks for starting this thread btw. Glad to see I'm not the only one who's missed the signage!

I've just contacted Waltham Forest Council asking for some figures about how many vehicles have been caught out by this poor signage since it was first put up and in the last month particularly. I can imagine it's a high number! They must be making a killing from this junction.


start your own thread and post the PCN and video
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360823 · Replies: 20 · Views: 642

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:22


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QUOTE (Derekhunt @ Thu, 22 Feb 2018 - 22:15) *
I must have missed this - where does it say that in the rejection notice? How should I draft the appeal?


they say its not a bus gate, but use the bus gate signage. Plenty of time for advice on your appeal yet don't panic and rush in we will help
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360822 · Replies: 12 · Views: 205

PASTMYBEST
Posted on: Thu, 22 Feb 2018 - 22:15


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QUOTE (John Bravo @ Thu, 22 Feb 2018 - 22:04) *
I think I understand now where is this going, among these letters I can see one letter dated 18th of October - a formal Notice of Rejection.
where they ask to pay £130 or appeal to ETA where they also provide verification code 8xxxxx to londontribunals.org.uk

I have never received this letter! This bad admin is on purpose!
So they can screw me up with their missing letters,
Before I have challenged online this bloody PCN twice with no single email response from them or their system, but I can read these rejections just now!
This is ridiculous.


John.

Do you remember when you joined the forum, with about 1500 quids worth of dart charge penalties. I do, getting information from you was like pulling hens teeth, but when we finally got it all we were able to reduce this IIRC to about 70 quid.

Give the information asked for, its only so we can help
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360818 · Replies: 124 · Views: 7,862

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