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DW190
Posted on: Sun, 28 Dec 2014 - 22:40


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From: Lancashire
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QUOTE (ManxRed @ Sun, 28 Dec 2014 - 18:33) *
Yes, but if he can't associate them with anyone they're just a big list of letters and numbers and don't really come under the data protection act.


They do once a registered keepers details have been obtained.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1033458 · Replies: 15 · Views: 3,347

DW190
Posted on: Wed, 12 Nov 2014 - 20:27


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From: Lancashire
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QUOTE (mickjames19 @ Wed, 12 Nov 2014 - 20:12) *
Hi again,

sorry I should have clarified, I live in Portsmouth, so the county court here is my closest county court. Thats why I am wondering what possible reason devere could use to get it switched back to BCC

Thanks for your answers


"The county court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer".

http://www.adviceguide.org.uk/england/law_...urts_of_law.htm
  Forum: Private Parking Tickets & Clamping · Post Preview: #1020059 · Replies: 13 · Views: 1,340

DW190
Posted on: Sat, 1 Nov 2014 - 00:30


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From: Lancashire
Member No.: 436


QUOTE (matt285 @ Fri, 31 Oct 2014 - 20:42) *
I'm much more interested in post # 138's picture now:

http://forums.pepipoo.com/index.php?s=&...t&p=1016401

smile.gif


Why?, you thinking of selling it to Nasty Lasty for his imaginary Lorry.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1016641 · Replies: 581 · Views: 93,277

DW190
Posted on: Fri, 31 Oct 2014 - 10:56


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From: Lancashire
Member No.: 436


QUOTE (dandyman @ Fri, 31 Oct 2014 - 11:10) *
QUOTE (ManxRed @ Fri, 31 Oct 2014 - 09:57) *
I feel a company phoenix coming on....

Proserve ain't a company, Lasty/Duff would be personally liable, and he can't phoenix himself!


http://companycheck.co.uk/company/08066641...LUTIONS-LIMITED
  Forum: Private Parking Tickets & Clamping · Post Preview: #1016401 · Replies: 581 · Views: 93,277

DW190
Posted on: Tue, 10 Dec 2013 - 11:40


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Group: Members
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From: Lancashire
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This may be of help:

https://www.whatdotheyknow.com/request/metrolink_car_parks
  Forum: Private Parking Tickets & Clamping · Post Preview: #903202 · Replies: 8 · Views: 3,959

DW190
Posted on: Sun, 5 May 2013 - 00:44


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From: Lancashire
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You could confuse them wth this pic. Morrisons at Skipton where PE's life was short lived. (Pay and Display machines are now covered)

http://lmgtfy.com/?q=Parking+Eye+Morrisons+Skipton

Parking Eye Morrisons Skipton
  Forum: Private Parking Tickets & Clamping · Post Preview: #816420 · Replies: 26 · Views: 22,353

DW190
Posted on: Fri, 3 Oct 2008 - 23:44


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From: Lancashire
Member No.: 436


Case Number
BO 05411G
Page 1 of 2
Adjudicator’s Decision
P*** ******
and
Bolton Metropolitan Council
Penalty Charge Notice BO51091844
Penalty Charge £60.00
Appeal Allowed on the ground that the alleged parking contravention did
not occur.
I direct the Council to cancel the Penalty Charge Notice and Notice to
Owner.
Reasons
The PCN was issued on 27 August 2005 at 11:46 to vehicle XXXXXXX in Jones Street
Horwich for being parked in a restricted street during prescribed hours.
This appeal was listed before me today as a personal appeal. In that respect, the
Appellant attended but the Council did not attend.
The circumstances are as follows. At 11.46am on 27 August 2005, a Parking
Attendant issued a Penalty Charge Notice (PCN) to the Appellant’s vehicle, registered
number XXXXXXX, at a time when it was parked on a single yellow line in Jones Street
at Horwich. The ground on which the PCN was issued was that the vehicle was parked
in a restricted street during prescribed hours. In that respect, waiting is not permitted
on this single yellow line between 8am to 6pm on Mondays to Saturdays inclusive.
The Appellant accepts that his vehicle was parked there at the time. However, he
appeals on the ground that it was there for the purposes of loading/unloading. In that
respect, there is the usual exemption for loading/unloading in the Council’s Traffic
Regulation Order (TRO).
Case Number
BO 05411G
Page 2 of 2
However, there is a preliminary issue, which I need to address in this case. It is this.
In my opinion, the Council’s PCN is invalid because of the decision of the High Court of
Justice in the case of The Queen on the Application of the London Borough of Barnet
Council v. The Parking Adjudicator [2006] EWHC 2357 (Admin), in which judgment was
given on 2 August 2006 and a written transcript thereof issued on 26 September 2006.
In that case, Mr Justice Jackson held that, in order to comply with Section 66(3) of The
Road Traffic Act 1991, two dates, albeit that they might be the same, must be included
on the PCN itself as separate entries, ie. the date of the contravention and the date of
the Notice.
In the Council’s Case Summary, the Council state that “This appeal is for a PCN which
has been revised to include the date of contravention and the date of issue.”
However, with respect to the Council, this is not the case. A copy of the PCN is on
page 4 of the Council’s evidence. It contains the date of the Notice but does not
additionally contain the date of the contravention as a separate entry.
In these circumstances, the PCN in this case is unenforceable. Accordingly, I allow the
Appellant’s appeal on this ground.
In view of the fact that I have allowed the Appellant’s appeal on this ground, I would not
propose additionally to adjudicate on the issue of loading/unloading raised by him.
Clifton Barker
Adjudicator
Date: 07 May 2008
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #297117 · Replies: 3 · Views: 1,335

DW190
Posted on: Fri, 3 Oct 2008 - 17:48


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From: Lancashire
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There is no god given right to park anywhere on the highway unless signs/lines confirm parking is allowed.

Highways are meant to be kept clear so anything parked is technically causing an obstruction.

The police usually act like the fire service and only act when called on to do so.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #297070 · Replies: 12 · Views: 2,139

DW190
Posted on: Sun, 28 Sep 2008 - 20:40


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From: Lancashire
Member No.: 436


QUOTE (Rob S @ Sun, 28 Sep 2008 - 21:34) *
And you can tell it is indicating left how? As it is certainly not clear in the photos.


I dont think you can tell by any indication but the position of the lorry would apear to be manouvering to the left lane in the second picture.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #295495 · Replies: 11 · Views: 2,307

DW190
Posted on: Mon, 22 Sep 2008 - 20:56


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From: Lancashire
Member No.: 436


QUOTE (jimmylesaint @ Sat, 20 Sep 2008 - 13:43) *
I was told it was down to me to request the contract before attending court, using some request, not sure if it was FOI or SAR or disclosure. But will find out, was disappointed because i hoped the judge would say to defendant that he should have brought it with him as i did request it in my claim. But alas no. I will get all the details from the court as was in a rush after to get to my car but was 2mins too late and was doubly spanked by getting a council ticket:(
And stop laughing....now!


Request for Specific Disclosure of the Contract

Had you made a request for Specific Disclosure of the Contract, the other side would have had to comply with the request or they could not have relied on there being a contract.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #293976 · Replies: 72 · Views: 9,154

DW190
Posted on: Sat, 13 Sep 2008 - 19:40


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From: Lancashire
Member No.: 436


QUOTE (Garyjs @ Sat, 13 Sep 2008 - 15:04) *
Maybe he's getting fed up with people ignoring his silly letters & got a proper job.


Gary



Master of What?

Baiting appears to be appropriate.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291846 · Replies: 406 · Views: 130,358

DW190
Posted on: Sat, 13 Sep 2008 - 19:12


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From: Lancashire
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QUOTE (Barneyrubble @ Sat, 13 Sep 2008 - 13:04) *
dont think the lines have been replaced recently, but what would thathave to do with the ticket? It was Blackhorse Street Car Park


Nothing to do with the ticket but the area across from the court (Cheadle Square) has had the bays repainted but still have faults I believe.

The previous reply had been done but not uploaded before you put the PCN up.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291841 · Replies: 25 · Views: 3,942

DW190
Posted on: Sat, 13 Sep 2008 - 11:32


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From: Lancashire
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I think you will find Feenix on holiday at the moment.

Which car park was you on, have the lines been replaced recently?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291757 · Replies: 25 · Views: 3,942

DW190
Posted on: Sat, 13 Sep 2008 - 00:18


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From: Lancashire
Member No.: 436


QUOTE (Barnsley Boy @ Fri, 12 Sep 2008 - 23:58) *
Definately end game with this one - Steve tongue.gif stops at £300, did with me.


Which means Bancruptcy is definately a non starter. He would have to more than double his stopping point to qualify for the commencement of Bancruptcy Proceedings.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291714 · Replies: 55 · Views: 8,878

DW190
Posted on: Thu, 11 Sep 2008 - 20:34


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From: Lancashire
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QUOTE (stirling ross @ Thu, 11 Sep 2008 - 21:20) *
Hello DW190.

The road markings do state "Loading Only". The Loading Only marking is in a dreadful state and can only just be read as such (it is badly worn). Does the 'Loading Only bay' therefore have to comply with other bays , eg. other parking bays as indicated in Richard Bentley's article? smile.gif


Ther are diagrams on Opsi

http://www.opsi.gov.uk/si/si2002/023113bm.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291431 · Replies: 6 · Views: 1,884

DW190
Posted on: Thu, 11 Sep 2008 - 20:09


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Group: Members
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From: Lancashire
Member No.: 436


QUOTE (stirling ross @ Thu, 11 Sep 2008 - 20:40) *
Hello All.

I have read the frequently asked questions section, and have logged onto the various web pages, and noted signage and road markings for parking bays. However, there does not appear to be specific reference anywhere to 'Loading Bays'. I had a pre-trial review last week, in which I have pleaded not guilty and I am to appear in court to defend myself in early October. I have a good idea how I intend to defend myself, but I need confirmation that the road markings that are applicable to normal 'parking bays', are the very same as those that are applicable to 'loading bays'. Is there an expert on here that can advise me. I have noted Richard Bentleys excellent photo examples.

Many thanks in advance.

Stirling smile.gif


You shouldn't find any signs for "Loading Bays", the correct term is Loading Only which should be painted on the road. If it says Loading Bay it's non compliant.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #291422 · Replies: 6 · Views: 1,884

DW190
Posted on: Mon, 8 Sep 2008 - 07:31


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From: Lancashire
Member No.: 436


QUOTE (bama @ Sun, 7 Sep 2008 - 23:54) *
adopting TMA has to be done accordinmg to rules. Chester could be a fertile ground for mistakes especially as they are jumping from the 1984 regs. this looks like one council that will have to send a signed document that says all the TROs and signs have been checked and are compliant - but will they be ? . . .

http://www.dft.gov.uk/pgr/roads/tpm/tmapor...perationalguid/


From the previous link to the Cheshire Council site I think I noticed that their TRO's can be accessed from the website.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #290500 · Replies: 11 · Views: 2,289

DW190
Posted on: Sun, 7 Sep 2008 - 21:58


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From: Lancashire
Member No.: 436


QUOTE (bama @ Sun, 7 Sep 2008 - 16:45) *
date of service only on the tear off slip ?


Naah. Its been washed off the top of the PCN
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #290461 · Replies: 11 · Views: 2,164

DW190
Posted on: Fri, 5 Sep 2008 - 20:24


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From: Lancashire
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QUOTE (Neil B @ Fri, 5 Sep 2008 - 20:24) *
Yeah, agreed SP but I was just looking to slam-dunk it via flawed photo evidence.

i.e. if he was in a bay and they took pics and the other street only has yellow lines.

-


The street on the PCN (St Edmunds Street) has D/Y on both sides from memory. I only look down from Deansgate today as it was pisting down.

The road where the vehicle was parked (outside of the dentist) is on street P & D which explains the overstay.

I must make a note of the CEO's number so I can take the P out of him/her and offer them a Streetmap.

Slam Dunk Case. The Contravention did not occur as the vehicle was never in the street detailed on the PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #290005 · Replies: 36 · Views: 5,195

DW190
Posted on: Fri, 5 Sep 2008 - 17:47


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Group: Members
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From: Lancashire
Member No.: 436


Just had a look at St Edmunds Street today. This street is at the rear of the Smile Clinic and does not have on street parking.

If you parked outside The Smile Clinic and Pizza Hut you was parked on Marsden Road.

I'll let the others give you the run down but its a clear cut case of "The contravention did not occur"
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #289966 · Replies: 36 · Views: 5,195

DW190
Posted on: Thu, 4 Sep 2008 - 19:37


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Group: Members
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From: Lancashire
Member No.: 436


If I have time on my break tomorrow I'll take a look.

Bolton have been busy painting lines around the town that in some cases comply with legislation. Many of the TRO's are defective.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #289679 · Replies: 36 · Views: 5,195

DW190
Posted on: Thu, 4 Sep 2008 - 19:15


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Group: Members
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From: Lancashire
Member No.: 436


QUOTE (kwman @ Thu, 4 Sep 2008 - 17:06) *
QUOTE (southpaw82 @ Thu, 4 Sep 2008 - 15:44) *
Take pictures of any pedestrian zone signs if you find them. Plates without lines can be used in them, subject to certain conditions. That's not to say this plate can be used in them though.


Thxs will do that. The signs have to be at the beginning and end of the streets ? I'm confident there aren't any as I remember seeing those pedestrian signs on the street that runs parallel to it (Gerrard Street) and it also doesn't have lines on the road.


It is not necessary to have signs on every street.

Signs must be at every possible entry into the zone. (the zone can be many streets/roads within it)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #289674 · Replies: 20 · Views: 4,193

DW190
Posted on: Mon, 1 Sep 2008 - 21:14


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From: Lancashire
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QUOTE (pembo @ Mon, 1 Sep 2008 - 21:09) *
Okay, that's great! The terms looked fairly concrete to me, but then I'm not a lawyer... I guess that's how they dupe people.

So what I'm going to do is:

1. Do some more research into the CCA and the various acts linked to in Southpaw82's post above.

2. Phone the cc co and request a chargeback. If they refuse, I'll write to them and spell out the reasons why we believe the charges were unlawful. Remind them of their obligations under the CCA and of the Financial Ombudsman and if that doesn't get anywhere, close the account.

3. If all that fails, go to small claims court.

I must say, when I first started on this I wasn't too confident, and the prospect of going to court really didn't appeal. But in a way I'm actually rather relishing the idea now. Do you recommend proper representation in court? I've never even been in a courtroom.

It might take me a few days to get all the various paperwork in order, but I will keep checking this forum so if anyone has any other ideas, please keep posting!

Many thanks for your help everyone.

pembo


Also remind the CC Company of their Liabilities under Section 75.

75 Liability of creditor for breaches by supplier
(1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or
© has, in relation to a transaction financed by the agreement, any claim against the
supplier in respect of a misrepresentation or breach of contract, he shall have a like claim
against the creditor, who, with the supplier, shall accordingly be jointly and severally liable
to the debtor.
(2) Subject to any agreement between them, the creditor shall be entitled to be
indemnified by the supplier for loss suffered by the creditor in satisfying his liability under
subsection (1), including costs reasonably incurred by him in defending proceedings
instituted by the debtor.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #288804 · Replies: 24 · Views: 4,187

DW190
Posted on: Mon, 1 Sep 2008 - 21:05


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Group: Members
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From: Lancashire
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I asked for a copy of a TRO from our friends at Bolton Parking. The numpties replied saying my correspondence had been passed to their Legal Department.

Now if its the same Legal Department who have made many cock ups lately I can understand why they have gone very quiet and not responded. FoI request will soon be on its way to the Legal Department for copies of all the TRO's soon as well as copies of the signed documents relating to when they first encountered into the world of DPE.

tecno, Have you a copy of your appeal letter to hand so we can see what frightened them.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #288803 · Replies: 49 · Views: 8,536

DW190
Posted on: Mon, 1 Sep 2008 - 00:13


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Group: Members
Posts: 4,433
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From: Lancashire
Member No.: 436


QUOTE (bama @ Sun, 31 Aug 2008 - 22:52) *
DW190,
the stat dec you filed was an out of time one I take it. No NTO is perfectly valid within time.


The point I was making was that the DJ agreed with me that a defective NtO was not a Notice at all but just a piece of paper.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #288534 · Replies: 83 · Views: 18,614

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