PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

755 Pages V   1 2 3 > » 

DancingDad
Posted on: Yesterday, 22:35


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (peterguk @ Mon, 16 Jul 2018 - 23:20) *
.........If by email, anytime until 23.59 on 7th?


If I recall correctly, emails are deemed served when sent, same as Faxes.
As the offer on the PCN refers to simple days without a cut off time, 11.59 will do, matters not this is a Saturday.
Same as on line reps though time on receipt is what will count as that is the only time that can be verified.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399573 · Replies: 7 · Views: 54

DancingDad
Posted on: Yesterday, 22:18


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


There is a convention that time is allowed to effect payment.
But this is what is needed and includes no leeway even for things like going for change to pay.
I suspect that if you told them that you went in to get your entry stamp, this will be taken as a delay that was not needed.
And likely to be upheld by an adjudicator.
Had you still been by vehicle struggling with Ringo it would be far easier to argue that you were effecting payment and far more chance of winning.
Even if you had left vehicle, less chance but still a chance.
But admitting that you gave up and went in... uhmmmmm.

I think we need some technical arguments, PCN, all correspondence and location please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399569 · Replies: 4 · Views: 27

DancingDad
Posted on: Yesterday, 22:11


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Can you prove that the challenge was sent when you say and how did you challenge?
7/6/18 was day 14 but that is still within the 14 day period, TFL helpfully state on the back that they will hold the discount to are bound by that but the onus is on you to show when and how it should have been received by TFL, not just sent.


Assuming online reps, you should have had a receipt and hopefully you kept a copy of the reps.
If by email, you should have a copy of the email and can be shown sent to right email address.
If sent by post on 7th, too late, it would not arrive in time.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399565 · Replies: 7 · Views: 54

DancingDad
Posted on: Yesterday, 21:53


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (Figaro @ Mon, 16 Jul 2018 - 20:56) *
……... They have acknowledged in my chat that the goal 'counted' as a goal for certain bets. Bingo!


Sounds promising but still reliant on them doing the right thing and not interpreting T&Cs to suit themselves.

You can understand the underlying behind them trying to specify which goals count and which don't.
After all, if the bet had been for France to score first, an own goal from Croatia may be tallied to France but France did not score it.

But cannot see why it matters who scored if the bet was simply on if the goal was a header.
Can't help with anything positive but wish you well.
  Forum: The Flame Pit · Post Preview: #1399557 · Replies: 11 · Views: 283

DancingDad
Posted on: Yesterday, 21:42


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


The theories behind VSL are partly based on fluid mechanics, faster you try to squeeze a fluid through pipes, more turbulence you get, slow it down and the flow is smoother.
I haven't a problem with the theories, simply the application.
If the 40-60-40 was with gantries a kilometre apart would have little issue. But on the M6 through Brum they are far closer.
Traffic is slowed to 40 progressively, fine, unless an emergency, should avoid the need for sudden braking.
Then, 2 to 300 yards past the 40 gantry, the sodding great sign in the sky says 60.
So traffic speeds up, some will be in cars that can easily accelerate from 40-60 in a few seconds, some will not, some drivers will anticipate the 60 and put boot down the second they can read the sign, others will wait till they pass underneath it. There will be the normal MLOC drivers in lane 2, more wary in lane 1, speed kings and frustrated MLOC drivers in lane 3 and as VSL is operating, plenty driving down the hard shoulder, often faster then lane 1 is moving.
Some of the faster are changing lanes, some are booting up behind the slower and trying to move them by tailgating.
That's fine, it will sort out in a few hundred yards but whoops, the next sodding great sign in the sky says 40 well before it has sorted out.
Brakes on lads and the whole system has to go in reverse, except this time with no gentle slowing, just fast pedal on to fast pedal off in the blink of an eye and with traffic far more bunched then it was before the VSL or at the previous 40 sign.
If that is the way the system is designed, someone in design needs to get out in the real world.
  Forum: The Flame Pit · Post Preview: #1399551 · Replies: 57 · Views: 1,029

DancingDad
Posted on: Yesterday, 19:19


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (big_mac @ Mon, 16 Jul 2018 - 18:39) *
QUOTE (notmeatloaf @ Mon, 16 Jul 2018 - 18:10) *
This is the "clever part" of VSL.

I don't think 40, 60, 40 in the space of a few hundred yards is particularly "clever". ……...

Nor do I.

In fact the times I have seen it, I reckon it's because the "clever" part of the system has pressed the wrong button.
  Forum: The Flame Pit · Post Preview: #1399512 · Replies: 57 · Views: 1,029

DancingDad
Posted on: Yesterday, 14:03


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (Forbanner @ Mon, 16 Jul 2018 - 14:10) *
QUOTE (Neil B @ Sat, 14 Jul 2018 - 12:10) *
Nice one DD. Good result.

What is the date of that order?


For those interested in the process, it is almost certainly inside the time allowed for a Council to
object. That means, to get such a result now, the Council must have specifically responded to the effect they did
not wish to object/contest.



Thanks for the help people! The order is dated 11th July 2018.


That's fine but is it for the right PCN, unusual with TEC but muck ups happen.
If the PCN numbers are the same, should be in the clear though may find a new Notice to Owner arriving.
If you do, post it up, simple to show you were not the owner at the time but will need to provide the proof again.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399439 · Replies: 22 · Views: 741

DancingDad
Posted on: Yesterday, 10:46


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


To me the issue of why it happens comes down to control.
Whether set manually or automatically, to me the system ought to be set up in a way that never (bar equipment failure) leaves a driver guessing.
For instance, if a reduced speed is set on a gantry or set of gantries, the next gantry should automatically display NSL.
If the reduced limits are removed, VSL should be displayed on all gantries affected (including the one already showing NSL) for a period allowing vehicles to go past a gantry showing NSL, never just switched off.
TBH, on the sections of VSL motorways I regularly use (Midlands) I cannot recall seeing a reduced speed section without NSL at the end, just lucky I guess.
But I have seen anomalies in the setting.... 60-50-40-60-40 for instance on sections of M6 from J6 (Spaghetti) northwards.
What's that all about ? The gantries are only a few hundred yards apart, why suddenly stick a 60 between 40s ??
  Forum: The Flame Pit · Post Preview: #1399362 · Replies: 57 · Views: 1,029

DancingDad
Posted on: Yesterday, 10:19


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Even if the traffic order allows, it is a ridiculous situation (there are roads near to me where similar has been done and we've seen it on the forums)
A DK is (or should be) a deterrent to parking and is enforceable, some councils remove vehicles as a matter of policy, all lawfully.
If they paint a parking place across one, they remover the effect of the DK, lose ability to enforce (or remove) and worse, inherently invite people to park across it.
For clarity btw...if the TRO says the bay is 20m long and they only paint it 16m, it does not negate the bay.
If the TRO says 20m and they paint it 24m long it only negates the last 4m, not the whole bay.
If the council, for whatever reason, have failed to take the DK into account, there is nothing to force them to change the TRO but they do not have to follow it slavishly.
I put the last in as they probably have followed the TRO to the letter and some jobsworth is likely to say "but we have to follow it!"
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399350 · Replies: 3 · Views: 91

DancingDad
Posted on: Yesterday, 09:54


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (Redivi @ Mon, 16 Jul 2018 - 09:41) *
It forms no sign so doesn't change the limit in a gantry scheme from the previous displayed sign

The problem with the situation of 40 X X X is that the driver doesn't see all the gantries at the same time

When he sees Gantry 2 as unlit, he doesn't know if it was lit when he passed Gantry 1
Neither does he know if Gantry 1 is still lit

If the gantries are all switched off immediately after he passes Gantry 1 and X has no meaning, his personal 40 mph speed limit creates a hazard for the following traffic at normal speed


And that is the dilemma that a driver faces, do you speed up and risk a ticket with no solid defence or keep obeying the last posted limit and risk a twonker driving into your rear end ?

You posted part of the legislation re the M25 VSL sections but for some reason ignored this bit. (post 10)
QUOTE
(2) A section of a road is subject to a variable speed limit in relation to a vehicle being driven along it if—
(a)the road is specified in the Schedule;
(b)the vehicle has passed a speed limit sign; and
©the vehicle has not subsequently passed—
(i)another speed limit sign indicating a different speed limit; or
(ii)a traffic sign which indicates that the national speed limit is in force.


That is what Jim is detailing and does seem to accord with normal practice on normal roads, that signed speed limits apply until another sign says they don't, not just the absence of a sign.

My interpretation of Para 4 (for what it is worth) re unlit signs is that it only has any relevance if the 10 second "grace period" is in play.
Simple if-then logic, if A applies then B else no effect.
  Forum: The Flame Pit · Post Preview: #1399341 · Replies: 57 · Views: 1,029

DancingDad
Posted on: Yesterday, 09:34


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


https://www.legislation.gov.uk/ukpga/2004/18/section/86
S86 (2)
"(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.
A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27). "

Dunno why councils do this, Keep Clear legends and white dog bones have no significance on council enforcement.
Simple answer for the council is save paint and stop the bay before the DK.
Then there is no exemption in play.... legends etc can help reinforce
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399336 · Replies: 3 · Views: 91

DancingDad
Posted on: Sun, 15 Jul 2018 - 22:37


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


I'd go all the way on this one.
There is nothing significant to show the white line is the end of the bays.
There is something significant to show where the council do not want you to park... ie length of lines and the rather obvious yellow cross hatching.
If they do not want people to park there, mark it... make the yellow wider, paint keep clear on it, double line the white line...whatever.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399294 · Replies: 23 · Views: 449

DancingDad
Posted on: Sun, 15 Jul 2018 - 22:15


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


I would still like a picture of what the white line actually does,,,can you get one ??

To me, if it is parallel, the space is obviously wide enough to fit a Range Rover in and with nothing else to show that the white line is the end of the bays, their reasoning is rubbish.... and I would take it all the way.
But if the white line is angled as per streetview, I would not risk the discount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399286 · Replies: 23 · Views: 449

DancingDad
Posted on: Sun, 15 Jul 2018 - 04:57


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


I think we need to see the reminder.... or at least get the proper name for it.... Notice to Owner or Charge Certificate ??
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399120 · Replies: 9 · Views: 230

DancingDad
Posted on: Sat, 14 Jul 2018 - 22:55


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (cp8759 @ Sat, 14 Jul 2018 - 23:34) *
I would make formal reps on the same grounds, i.e. that the "usual rule" applies and not their bonkers interpretation. I would add a line saying it would be wholly unreasonable for them to seek to enforce this PCN and you reserve the right to seek costs should the matter go to the tribunal.



And refer to your conversation...date, time, name where the usual interpretation was advised.
And to their PI in failing to consider your second representations.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399106 · Replies: 29 · Views: 1,160

DancingDad
Posted on: Sat, 14 Jul 2018 - 22:48


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


The problem I have is that the video not only gives no indication of oncoming traffic...except a very brief glimpse at the start that might be, it seems to show the road ahead is clear.
This puts you on the back foot.
However, you are adamant in your story and others, even the van, do not simply swan past you, which does indicate a blockage.
Stopping in the event of traffic is an exemption though it is phrased as "a vehicle which is prevented from proceeding by circumstances beyond the driver’s control or which has to be stopped in order to avoid injury or damage to persons or property;"
In the strictest of senses, not beyond your control as there does seem to be passing spots ahead but you were there, not us, it is your credibility that an adjudicator will ultimately be making a decision upon.
Another plus point is that no one got out and there seemed no other reason to stop. Likely to be asked if you were using a mobile, setting sat nav, finding the pound coin you had dropped.... myriad of reasons why people stop that are not exemptions.
It has to be your choice, it is your money, all we can do is point out what can win and where pitfalls are.

I am thinking of another recent case where a van was similarly blocked. OP made a request under GDPR for the video before and after. This may support your story so is worth doing.
In that case, council actually seemed to have deleted the data despite the request, which aids the case tremendously.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399103 · Replies: 20 · Views: 487

DancingDad
Posted on: Sat, 14 Jul 2018 - 20:35


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (The Rookie @ Sat, 14 Jul 2018 - 21:04) *
Used to be common to see RWD Escorts with a screwdriver as the gear lever, the retaining ring was cheap stamped steel and used to fail
The stamped steel was the de lux version.
Mk3 Cortinas had a nylon retaining ring with a very fine thread.
Stripped very easily.... very embarrassing cutting up a bus, gear lever coming out in hand and being left in neutral.... waving gear stick out of the window is not the best way to apologise.
  Forum: News / Press Articles · Post Preview: #1399041 · Replies: 10 · Views: 220

DancingDad
Posted on: Sat, 14 Jul 2018 - 16:59


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (stamfordman @ Sat, 14 Jul 2018 - 17:41) *


Streetview and satellite view from it shows that the white lines are angled to the yellow box.
So if parked next to and parallel to box, would be over white line and hence outside the bays.
However, the one photo we have seems to show white line parallel with yellow box.
We need to see what that white line is doing and the actual bay layout, preferably without a car in it.
And council photos.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398993 · Replies: 23 · Views: 449

DancingDad
Posted on: Sat, 14 Jul 2018 - 16:33


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Let's see the PCN and a link to where... we may be able to see car park layout and get a better idea.
But have to say at the moment, cannot see why one PCN in that spot let alone two.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398985 · Replies: 23 · Views: 449

DancingDad
Posted on: Sat, 14 Jul 2018 - 12:00


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (anorakcity @ Sat, 14 Jul 2018 - 12:42) *
QUOTE (DancingDad @ Sat, 14 Jul 2018 - 11:31) *
Point 1. Add
I therefore ask that you cancel the PCN as I was loading.


Do you know if they will ask to see documents as proof of occupation as a delivery driver? E.g. delivery car insurance, etc.? Thanks


Unlikely but anything you can supply (copies) that offer proof that you were loading as part of your job will help support your case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398910 · Replies: 20 · Views: 408

DancingDad
Posted on: Sat, 14 Jul 2018 - 11:22


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Something amiss on dates... I posted my draft on 21st June and OP said they would send it that day.
TEC say received 18th June ???
OP, double check that PCN numbers match !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398902 · Replies: 22 · Views: 741

DancingDad
Posted on: Sat, 14 Jul 2018 - 11:11


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (southpaw82 @ Sat, 14 Jul 2018 - 11:59) *
......….The analogy also doesn’t work. Expanding ammunition is banned by treaty from military use but is perfectly legal for civilians to use in the US. Just because it’s “banned to the military” doesn’t mean civilians can’t have it.


Yup, the same ammo that is used to "humanely" kill animals when hunting is banned as inhumane for war.

  Forum: The Flame Pit · Post Preview: #1398898 · Replies: 25 · Views: 630

DancingDad
Posted on: Sat, 14 Jul 2018 - 10:58


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Not seen mole grips for steering for years... makes me feel nostalgic smile.gif
  Forum: News / Press Articles · Post Preview: #1398892 · Replies: 10 · Views: 220

DancingDad
Posted on: Sat, 14 Jul 2018 - 10:54


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (hcandersen @ Sat, 14 Jul 2018 - 11:41) *
Then what’s the point in having regs? ……….


When the regs give an out to the authority, IMO motorist is on the back foot anyway.
QUOTE
the width of the bay must be at least 2700 mm (or 3000 mm when placed in the centre of the carriageway) except in a case where, on account of the nature of traffic using the road, the overall width of the carriageway is insufficient to accommodate a bay of that width.

http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Part 5(2)(b)
Similar with the missing legend on the road.
Part 5(1) allows Doctor to be omitted and that Doctor may be varied, ergo the variation may also be omitted.

Agree that it should be questioned but it is not a silver bullet.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398889 · Replies: 25 · Views: 518

DancingDad
Posted on: Sat, 14 Jul 2018 - 10:40


Member


Group: Members
Posts: 18,914
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Wee, dunno what the CEO was on but I want some.
Sloping part of a DK is not within the restricted area.
And though not hard and fast, many adjudicators want to see the wheel on the restriction, not just the bumper.
So even if the slope was part, minimal anyway and likely to fall into too trivial to bother with (de minimis)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398881 · Replies: 10 · Views: 268

755 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: Tuesday, 17th July 2018 - 03:31
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.