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PASTMYBEST
Posted on: Today, 20:01


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QUOTE (Mad Mick V @ Mon, 22 Oct 2018 - 20:00) *
QUOTE (Incandescent @ Mon, 22 Oct 2018 - 13:10) *
Has this been forgotten ?

QUOTE
Scope of Part 2 and duty to notify rights to make representations and to appeal

3.—(1) Regulations 4 to 7 have effect where a penalty charge which has become payable under the General Regulations has not been paid and either—

(a)a penalty charge notice has been served by a civil enforcement officer under regulation 9 of the General Regulations, and a notice to owner served by the enforcement authority under regulation 19 of those Regulations; or
(b)a penalty charge notice has been served under regulation 10 of the General Regulations.

(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information—

(a)that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and
(b)that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)those representations will be considered;
(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.



@Incandescent

I totally agree that the adjudicator has played fast and loose with this ground but there is a real danger that we will be dragged into a position where the reviewer decides that we are merely disagreeing with the adjudicators decision. I felt that the stronger PI was the will/may argument and it was better for us to concentrate on that one because we could reference a string of successful cases and prove there was prejudice. Given the adjudicator's comments on 2(b)(ii) I felt we were on the back foot and should not risk going back on that one. However, if the consensus is that we should include this ground too I am happy to draft something.

Anyway, let's see what PMB comes up with first.

Mick



Agreed, I will be finished tomorrow afternoon, just need a couple of hours on my own to set things out coherently (to my mind at least)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427484 · Replies: 67 · Views: 2,090

PASTMYBEST
Posted on: Today, 17:30


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QUOTE (sandrae @ Mon, 22 Oct 2018 - 18:15) *
It's for Parking in a residents' or shared use parking place or zone without either clearly displaying a balid permit or voucher or pay and display ticket issued for that place, or withoutpayment of the parking charge - residents' bay.



here

https://www.google.co.uk/maps/place/Prince+...33;4d-0.1800011
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427457 · Replies: 8 · Views: 91

PASTMYBEST
Posted on: Today, 16:13


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Ask a moderator to merge the two threads so we have everything together and the forum rules are upheld


hit the report button bottom left
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427435 · Replies: 7 · Views: 70

PASTMYBEST
Posted on: Today, 15:38


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Use an external link such as imgur for the PCN look online at the council website for photos. Subject to exactly where you parked IMO you are entitled to rely on that sign
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427416 · Replies: 8 · Views: 91

PASTMYBEST
Posted on: Today, 12:37


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QUOTE (hcandersen @ Mon, 22 Oct 2018 - 13:17) *
Why is the sign a Schedule 36 sign?

www.legislation.gov.uk/uksi/2017/1086/regulation/6/made


sorry you will have to C&P the link into your browser

The signs table in Schedule 3 doesn't make this link i.e. refer to s1 of Part 3 'Provisions applying etc. '

Another minor point is that the right-hand sign does not convey the full effect of the order because cycles are not permitted to enter other than through the cycle gap whereas this sign carries the plate 'Except Cycles'.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427341 · Replies: 11 · Views: 236

PASTMYBEST
Posted on: Today, 12:29


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Theres every chance they would have rejected an informal challenge even if the car was up on bricks. Post the letter
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427337 · Replies: 11 · Views: 206

PASTMYBEST
Posted on: Today, 11:19


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QUOTE (cp8759 @ Mon, 22 Oct 2018 - 11:38) *
As a strict matter of law, you cannot contravene a sign you have not yet passed. Substantial compliance will be in play though.


what does the TMO say? Op ask the council for it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427316 · Replies: 3 · Views: 109

PASTMYBEST
Posted on: Today, 11:14


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QUOTE (rsg444 @ Mon, 22 Oct 2018 - 11:47) *
The question is, should he appeal on Friday (day 14) or Sunday (day 16) but on the PCN says we have a discount until then.



If it was me Sunday, coz if they do not then re offer the discount an almost sure fired win but if the do you can re group
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427313 · Replies: 8 · Views: 188

PASTMYBEST
Posted on: Today, 11:06


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QUOTE (Mad Mick V @ Mon, 22 Oct 2018 - 11:48) *
Thanks cp8759, I've changed to your suggestion.

Mick


with all respect to Mick, I worry that it is easy to dismiss as re hashing the original appeal. Mick is right that the high court cases that are relevant need to be put forward.


I must be stressed that the adjudicator erred in law or misdirected themselves (whichever term best suits)

I need to refresh myself on the cases but am thinking the adj failed to have regard to the rulings in Moses, in the taxi drivers association and Herron I also want to read through a couple of other that might have some relevance




freddy hang fire til tomorrow



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427309 · Replies: 67 · Views: 2,090

PASTMYBEST
Posted on: Today, 10:59


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QUOTE (DancingDad @ Mon, 22 Oct 2018 - 10:33) *
Looks like here, on the right.
https://www.google.co.uk/maps/@51.4188182,-...6384!8i8192
Contravention is for parking adjacent to a dropped kerb.
BB is not an exemption for that.
My query is whether the DK is there for one of the statutory purposes (vehicle crossing?) and if so, whether clear and whether yellow line could be accepted as misleading.



All three can be argued and have had success, but it will be at adjudication I would suggest a conciliatory tone in initial challenge.

Dear Mr parking

I write in challenge to PCN number XXXXXXXX and ask that you consider all the circumstances that lead to the issue of this PCN and use the power you have to cancel it.

I am a blue badge holder and as such may park on a yellow line with the badge correctly displayed for the exempted period. I would never intentionally park across a driveway or lowered pedestrian crossway, This location did not look to be either


access to the adjacent property would need to be effected from the lowered kerb behind where I parked. The pavement where I parked is in poor repair, not one adapted for disabled pedestrian use looking more that it had sunk due to neglect rather than being purposely lowered. and a yellow line give the impression that outside of restricted hours parking is allowed.


All these thing together gave me to believe that parking as I did fell within the exemption afforded to a BB holder so I would ask that you cancel this PCN
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427306 · Replies: 9 · Views: 140

PASTMYBEST
Posted on: Today, 10:41


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QUOTE (cp8759 @ Mon, 22 Oct 2018 - 09:39) *
The number is on the pcn, I wouldn't worry about whether it works or not. Have a read of ground 4 here: http://forums.pepipoo.com/index.php?showto...p;#entry1404571


Nor would I worry about the time being on the photos, though it is a consideration. Let the council do some work.

Make your representations along these lines.

the PCN is defective in its compliance with the regulations and as such is not a valid document for the purposes of demanding a penalty. The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005 at regulation 8(5) sets ot information that MUST be incorporated into the body of the PCN. Regulation 8(5)(b) is not included within the PCN served on myself. It is thus an invalid document and must be cancelled.


The Authority also breach the regulations by demanding a penalty that exceeds the amount allowed by law.


(Then add the point 4 of CP's link amended to suit)


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427302 · Replies: 13 · Views: 238

PASTMYBEST
Posted on: Yesterday, 20:01


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QUOTE (Channi @ Sun, 21 Oct 2018 - 21:00) *
QUOTE (Earl Purple @ Fri, 19 Oct 2018 - 11:53) *
If the video footage shows you actually turned right after all and not left then probably pay it if the discount is still available.
If you did actually turn left then appeal.

Thanks for your reply much appreciated...



Show us or at least tell us, what does the video show?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427204 · Replies: 21 · Views: 516

PASTMYBEST
Posted on: Yesterday, 16:55


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QUOTE (Mad Mick V @ Sun, 21 Oct 2018 - 17:14) *
QUOTE (Paper17 @ Sun, 21 Oct 2018 - 16:31) *
To StuartBu,

Yes sorry. It was the 11th of October.

QUOTE (Mad Mick V @ Sun, 21 Oct 2018 - 15:59) *
What has happened to the time of the contravention on the PCN?

http://www.legislation.gov.uk/uksi/2005/27...gulation/8/made

Surely they are not "winging" it with evidence photos, which are not a part of the PCN.

Mick



Does it mean that since the time on the PCN is not indicated in the first page, the PCN is not valid?


In my view the PCNs are invalid if they don't state the time of the contravention in the body of the PCN as required by the legislation. Others may have a differing view because the PCNs indicate photographic evidence (which is indeed attached) shows the time--i.e. there is substantial compliance.

Wait for others to comment.

Mick


+1

reg 8(5) A penalty charge notice must state— (b) the detection date and the time at which the alleged contravention occurred; The locations are to far apart to be considered 1 contravention
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427160 · Replies: 13 · Views: 238

PASTMYBEST
Posted on: Yesterday, 00:22


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Where's the PCN
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427056 · Replies: 10 · Views: 178

PASTMYBEST
Posted on: Sat, 20 Oct 2018 - 10:44


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QUOTE (cp8759 @ Sat, 20 Oct 2018 - 11:24) *
I recon the sign is the one in the middle of the picture here: https://www.google.co.uk/maps/@51.3844121,-...6384!8i8192

I think you drove to the right of the sign and down the road where the white van can be seen turning out of. To complete this manoeuvre lawfully you should have pivoted round the isle and done a u-turn, but alas we are where we are. PM the PCN details to me or stamfordman and we'll try and get hold of the video.


+1
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426857 · Replies: 8 · Views: 131

PASTMYBEST
Posted on: Sat, 20 Oct 2018 - 10:41


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QUOTE (cp8759 @ Sat, 20 Oct 2018 - 11:25) *
QUOTE (hcandersen @ Fri, 19 Oct 2018 - 23:10) *
...and they might not.

IMO you would be foolish to pursue this aganst such odds.

I don't think it would be foolish, it's not a hopeless case, but it's not a strong one either. Could go either way.


I agree with HCA. If the police had picked it up they would have 6 months to summons to court so unless you could show you were prejudiced by the delay you would have your back to the wall
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426854 · Replies: 12 · Views: 189

PASTMYBEST
Posted on: Sat, 20 Oct 2018 - 10:37


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Have a read

https://www.londontribunals.gov.uk/sites/de...r%20Hamlets.pdf


Can you argue that you fall into the definition of loading. Do you have a disability that would mean 2.2 kg could be considered heavy?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426853 · Replies: 8 · Views: 110

PASTMYBEST
Posted on: Sat, 20 Oct 2018 - 10:32


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Any argument that the box does not conform has been negated by TSRGD 2016 other than the box extends beyond the junction. But this is untested at TPT (outside London)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426849 · Replies: 5 · Views: 108

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 17:40


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QUOTE (Mr Mustard @ Fri, 19 Oct 2018 - 18:37) *
The link does not work. A case number would suffice, thanks


link worked fine for me but here you go

2180363199
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426720 · Replies: 264 · Views: 175,585

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 16:57


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https://londontribunals.org.uk/naslivepws/p...bqQpV4wxYSwkvig




TFL TMO incorrect allege NRT but TMO a prohibition on vehicles
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426707 · Replies: 264 · Views: 175,585

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 16:24


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QUOTE (cp8759 @ Fri, 19 Oct 2018 - 15:36) *
QUOTE (lab211 @ Wed, 17 Oct 2018 - 15:58) *
So I had the tribunal hearing yesterday and happily my appeal was granted. The adjudicator agreed on the 21/14 days error but not the 28 day from date of issue instead of service. They granted it mainly on the basis of the signage, didn't sound like the discount period would have been sufficient as they were saying it didn't prejudice me.

Thanks for all the helpful suggestions, glad this is over with now.

Could you the tribunal case number? Could help others in the future.


2180337235

would appear she found on signage
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426696 · Replies: 62 · Views: 1,985

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 12:16


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QUOTE (peugeot.206 @ Fri, 19 Oct 2018 - 12:39) *
They towed my car once again, for the love of God what is happening with this ones?


start a new thread with all the documents as is the norm
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426652 · Replies: 28 · Views: 1,171

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 12:13


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Post your representation and the rejection letter
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426650 · Replies: 5 · Views: 171

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 10:17


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post the PCN and the council photos check online for these or ask
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426616 · Replies: 10 · Views: 180

PASTMYBEST
Posted on: Fri, 19 Oct 2018 - 08:37


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You'll have to argue very much on I being to late for you to stop when the other car took your anticipated space. TBH I think you will need a personal appearance to get this across
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426590 · Replies: 16 · Views: 447

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