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PASTMYBEST
Posted on: Fri, 22 Mar 2024 - 19:13


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The OP's images show a segment of the PCN it is a code 27 DK so the OP is bang to rights providing the DK is for one of the specific reasons given by the regs
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811734 · Replies: 9 · Views: 0

PASTMYBEST
Posted on: Fri, 22 Mar 2024 - 19:10


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Mick is very much on the right lines. We had a spate of these 10 metre from junction PCN's a while back all were won or the council gave them up. It is as simple as the council have no power to enforce nor do they have a power to decide if a yellow line allows the exemption or not that is the province of the SOS

The police can enforce if an obstruction is caused
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811733 · Replies: 14 · Views: 419

PASTMYBEST
Posted on: Fri, 22 Mar 2024 - 19:04


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QUOTE (MMV Redux @ Fri, 15 Mar 2024 - 16:04) *
OP---IMO you will have to fight this one because the CEO may have recorded that the BB was being used illegally which becomes a much bigger and separate issue.

I would request the CEO's notes to bottom out his views on the "contravention".

To give you proper advice we need to see the PCN, the GSV location your reps and their response.

Like you I regard it as justifiable to park up and help a disabled person board.

Wheelchair user?

Mick


More than justifiable the BB booklet specifically tells you you are allowed to do so and the regulations are quiet on that so nothing in law says what the CEO says is correct
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811732 · Replies: 2 · Views: 8

PASTMYBEST
Posted on: Wed, 10 Jan 2024 - 16:01


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When the bay was marked is a matter of contention they say one thing,you another What is not in dispute is that no legal order has been made for the bay so legally there is no bay therefore you cannot have contravened it

Stick with that as your main argument, an introduction to it can be not there when I parked
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1804205 · Replies: 16 · Views: 2,401

PASTMYBEST
Posted on: Mon, 1 Jan 2024 - 14:45


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Please start a new thread and also post one of the letters and a translation also all dates I;E contravention date date of PCN etc
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1803125 · Replies: 15 · Views: 729

PASTMYBEST
Posted on: Mon, 1 Jan 2024 - 12:17


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There are two limbs to a defense against this PCN.

The first is the resolution disapplying the footway parking ban. rarely would it apply only to bays, rather than the whole street so that needs to be seen (CP does not check threads on this platform that much but he will see your post on the other forum FLTA and is expert at getting these from the council)

If by some chance the resolution does limit parking to within marked bays the there is the layout of the road that would create a legitimate expectation that not only you can but that you should park as you did. It would be absurd to allow your van to park on the carriageway but past the lamp post require footway parking. The cycle lane is an advisory one so parking across it might be a criminal matter of causing an obstruction but the council have no power to enforce it

for the best most comprehensive advise post on both forums
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1803119 · Replies: 12 · Views: 535

PASTMYBEST
Posted on: Wed, 13 Dec 2023 - 17:03


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QUOTE (roleypoley @ Wed, 13 Dec 2023 - 13:57) *
QUOTE (PASTMYBEST @ Wed, 13 Dec 2023 - 11:20) *
...the lease company must write to the council stating that they were not the keeper at the time and name you...


So was their statement "The above vehicle is on long term lease with Octopus Electric Vehicles and the nominated person above has full use of the vehicle" not sufficient in transferring their liability to me?

Do I need to appeal the PCNs on the lease companies behalf to give some kind of evidence (my lease agreement perhaps?) that it needs to be transferred to me?

Thank you for your help and advice


I think i would go back to the lease co and tell them you want to challenge the PCN but to do so they need to transfer liability to you as keeper that is the only way you will get a PCN.



QUOTE (roleypoley @ Wed, 13 Dec 2023 - 13:57) *
QUOTE (PASTMYBEST @ Wed, 13 Dec 2023 - 11:20) *
...the lease company must write to the council stating that they were not the keeper at the time and name you...


So was their statement "The above vehicle is on long term lease with Octopus Electric Vehicles and the nominated person above has full use of the vehicle" not sufficient in transferring their liability to me?

Do I need to appeal the PCNs on the lease companies behalf to give some kind of evidence (my lease agreement perhaps?) that it needs to be transferred to me?

Thank you for your help and advice


I think i would go back to the lease co and tell them you want to challenge the PCN but to do so they need to transfer liability to you as keeper that is the only way you will get a PCN.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1801459 · Replies: 8 · Views: 821

PASTMYBEST
Posted on: Wed, 13 Dec 2023 - 11:45


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Issuing two PCN's for one contravention could be argued under the statutory ground of the Penalty exceeds the relevant amount

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1801424 · Replies: 16 · Views: 802

PASTMYBEST
Posted on: Wed, 13 Dec 2023 - 11:20


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The lease co have not transferred liability the liability is still theirs. The have authorised you to act on their behalf. They have done nothing correctly and if you do nothing then the PCN will progress in their name. They will then probably pay and bill you.

You can likely win this on a technicality but the lease company must write to the council stating that they were not the keeper at the time and name you only if and when you get a PCN in your name can you fight this
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1801415 · Replies: 8 · Views: 821

PASTMYBEST
Posted on: Wed, 13 Dec 2023 - 11:01


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Have you made an informal challenge, As you have discovered the PCN is invalid, the high court ruled that the payment slip is not part of the PCN so the reg is not shown
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1801413 · Replies: 8 · Views: 613

PASTMYBEST
Posted on: Wed, 22 Nov 2023 - 23:00


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A restricted street will mean single or double yellow lines these apply from the centre of the carriageway to the property line and it can be part of the street even if private
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1799288 · Replies: 21 · Views: 1,153

PASTMYBEST
Posted on: Wed, 22 Nov 2023 - 22:56


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QUOTE (lombie @ Tue, 21 Nov 2023 - 15:03) *
Just spent the last couple of hours reading this whole thread, a majestic effort!

A further search of Proserve on the forum seemed to indicate he had slithered back under his stone but just this morning, someone has asked for advice on thus:-

https://ibb.co/6rnp91r
https://ibb.co/nmfcF0v

Any words of advice I could send them?


I've not re read the thread and do not profess expertise in private parking but IIRC this document would not comply with POFA 2012 so the liability cannot be passed to the owner

nor would i expect i case of civil trespass going to court be sustainable against an innocent party and in any event they would have to prove loss to make a claim for damage for trespass

If you get no advice on this site i suggest you try https://www.ftla.uk/index.php

or the money saving expert private parking forum where some very knowledgeable people post
  Forum: Private Parking Tickets & Clamping · Post Preview: #1799287 · Replies: 587 · Views: 188,699

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 23:46


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I had been forced to give up work after my third heart attack and was watching episode of one foot in the grave when i joined
  Forum: The Flame Pit · Post Preview: #1798751 · Replies: 39 · Views: 4,399

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 23:42


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QUOTE (astralite @ Sat, 18 Nov 2023 - 22:28) *
Thanks for the back part of the PCN.
I think we’ve identified the key points so look forward to seeing you your draft representation here.


I have not mentioned the box extends beyond the junction argument because I lost a case on Wednesday where the overhang was about 1.5 car lengths so feel the de minimis aspect is the stronger in this case
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798750 · Replies: 9 · Views: 499

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 23:38


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QUOTE (mickR @ Sat, 18 Nov 2023 - 22:49) *
QUOTE (PASTMYBEST @ Sat, 18 Nov 2023 - 17:33) *
See my response of the other forum


somewhat disappointing you chose to post this instead of just copy and pasting the response itself for tge benefit of others.


I decide to peruse both forums as is my right. I offer advice to the OP on where they might be able to form an argument If you bother to look at the other site you will see that my advice is in line with that of Mr Chips and Astralite with perhaps a bit more perspective
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798749 · Replies: 15 · Views: 1,567

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 16:37


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Well it would seem from the one photo the permit was there but missed by the CEO so make that point but first get and post all the council photos

Also 12 is the wrong contravention it should be 16
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798709 · Replies: 2 · Views: 183

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 16:33


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See my response of the other forum
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798708 · Replies: 15 · Views: 1,567

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 16:31


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You can argue that the position the car in front took effectively blocking both lanes was un-anticipatable as such no contravention occurred
see the Essoo case in this key case https://www.londontribunals.gov.uk/sites/de...n%20v%20TfL.doc

You can also argue De minimis re the extent of the incursion

2160332024

The allegation in these proceedings is that this vehicle entered and stopped in a box junction when prohibited. Upon a point being raised by the appellant as to the degree to which this vehicle was stationery within the box on it turning left into it on the council's poor quality video footage of the incident an supporting images taken therefrom although the vehicle stops with its back wheels positioned at the very edge of the box this infringement of box junction rules in that regard amounts to my mind no more than a de minimus breach of the prohibition and I am not accordingly satisfied that the contravention occurred.

But your strongest argument would be that the council state that if you have not paid or appealed within 28 days from date of notice they may serve a CC. This is wrong for making representations and for the issuing of a CC it should be date of service

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798707 · Replies: 9 · Views: 499

PASTMYBEST
Posted on: Sat, 18 Nov 2023 - 16:19


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Post the other side of the PCN. I am working on an argument for another case that may be relevant to yours
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798705 · Replies: 5 · Views: 319

PASTMYBEST
Posted on: Fri, 17 Nov 2023 - 10:40


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QUOTE (hcandersen @ Fri, 17 Nov 2023 - 10:32) *
'The rider wasn't able to get in the car ..and I had to get on the footpath.'

Can I look at this pl.

As you'd parked before you knew the rider's abilities, then how could you state the above with such certainty? Unless, of course, this was not the first time that you'd picked up this rider, in which case perhaps an argument could be put forward in support.



No passenger is seen in the photos, no driver either for that matter, but I have to ask how does parking with two wheels on the pavement ( the photos show this) help someone with a disability get in the car. It raises the sill and also creates a downward slope to the seat. If I ask the question an adjudicator might well do so too
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798600 · Replies: 10 · Views: 557

PASTMYBEST
Posted on: Fri, 17 Nov 2023 - 10:36


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As per Astralite

The PCN tells you that if you fail to make representations before the end of the period of 28 days beginning with the date of notice they may disregard the representation that date would be the 10th of December.

The law says they may disregard representations beginning with the date of service of the PCN that would be the 12th of December so they cut the statutory period short by 2 days

The fact that they then go on to state that they may issue a CC 28 days from date of service is irrelevant
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798599 · Replies: 22 · Views: 2,358

PASTMYBEST
Posted on: Fri, 17 Nov 2023 - 10:25


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Can we see the rejection of your challenge please
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798597 · Replies: 13 · Views: 588

PASTMYBEST
Posted on: Fri, 17 Nov 2023 - 10:18


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The NTO states time of contravention as 12.11 and the 3 photos are timed at 12.10 so likely the CEO had started to prepare the PCN. If you drove away before it was served then it should have been served by post, but the council claim it was handed to the driver you say not so if you want to take this to adjudication it is your word against theirs You would be far better to attend the hearing so an adjudicator can question you and judge the voracity of your evidence
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1798596 · Replies: 10 · Views: 557

PASTMYBEST
Posted on: Fri, 29 Sep 2023 - 16:44


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wrong location has won the contravention does not occur on Longford roundabout which you will not find as a location on google maps anyway
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1794740 · Replies: 17 · Views: 997

PASTMYBEST
Posted on: Mon, 25 Sep 2023 - 20:32


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QUOTE (MrChips @ Mon, 25 Sep 2023 - 16:33) *
Pretty much impossible to advise on your chances without seeing the video. This being TFL they don't make it available online. If you want our assistance, you will need to call their call centre and request the video footage which they will then send you on DVD in the post. Once you have it download and supply a link.

When calling, check they will put them discount on hold while they process the video for you.


That being said if the video confirms your narrative then you have strong grounds to challenge
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1794346 · Replies: 5 · Views: 398

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