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PASTMYBEST
Posted on: Yesterday, 22:09


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How did you make reps? any proof they were served on TfL by the 7th?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399562 · Replies: 7 · Views: 54

PASTMYBEST
Posted on: Yesterday, 21:24


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always will/may with reading they are arrogant
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399543 · Replies: 5 · Views: 81

PASTMYBEST
Posted on: Yesterday, 20:51


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The missing sign (959B) is a regulatory sign so must be in place. Other than that i see no argument re the contravention

The PCN fails to give the information required at 8(5)(n) and 8(6)

(n) that the recipient may, by notice in writing to the authority, request them—

(i) to make available at an office of theirs specified by him, free of charge and at a time during normal office hours so specified, for viewing by him and by his representative (if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed; or

(ii) to provide him, free of charge, with such still images from that record as, in the authority’s opinion, establish the contravention.

(6) Where the recipient of the notice makes a request under paragraph (5)(m), the authority shall comply with the request within a reasonable time.

Also 8(5)(h) what are the statutory grounds of appeal;

It fails utterly to quote this one in any recognisable form

9(2)(f) that the penalty charge exceeded the amount applicable in the circumstances of the case.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399532 · Replies: 6 · Views: 146

PASTMYBEST
Posted on: Yesterday, 20:27


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This is the authorisation for the sign

http://www.legislation.gov.uk/ukpga/2015/2...tion/53/enacted

Not the one used, but some errors

Substantial compliance is now the legal test for signs

TSRGD 2002 has been revoked now 2016

post up the PCN and all the council photos of your car in situ

When did you park?

What was the reason for suspension? was the work still ongoing?

post a GSV of the bay

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399529 · Replies: 2 · Views: 38

PASTMYBEST
Posted on: Yesterday, 20:09


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Their still using date of service rather than date of notice, so not complying with regs

Also the PCN does not tell you what vehicles are restricted

Post the video
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399526 · Replies: 3 · Views: 38

PASTMYBEST
Posted on: Yesterday, 17:11


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We need to see all documents. You have either as close as can be a sure fired winner or you will need to pay but we do not know without sight of the documents
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399496 · Replies: 8 · Views: 71

PASTMYBEST
Posted on: Yesterday, 14:03


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Best post the PCN the representations ( you do not get an informal challenge with a PCN served by post) and the notice of rejection. Next stop adjudication, where there are loads of wins
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399440 · Replies: 4 · Views: 48

PASTMYBEST
Posted on: Yesterday, 13:16


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QUOTE (jman007 @ Mon, 16 Jul 2018 - 13:56) *
https://imgur.com/a/fjMBvhR

all uploaded (photographic evidence and video).

Below is the birds-eye view of Minster Street, King Street and Abbey Square.

https://www.google.co.uk/maps/dir//51.45512...#33;4m1!3e0

photo of the end of Abbey Square, joining on to King Street (2 way directional triangle sign, no warning of upcoming bus lane, which is the very next turn).

https://www.google.co.uk/maps/@51.4550313,-...3312!8i6656


good, ask them for the traffic regulation order should they reject your representations
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399422 · Replies: 8 · Views: 103

PASTMYBEST
Posted on: Yesterday, 12:58


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QUOTE (EssexGB @ Mon, 16 Jul 2018 - 03:29) *
Kindly advise so that I can upload evidence online before 22nd July.
Thankyou



Remind me on Wednesday I can spend some time then
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399414 · Replies: 45 · Views: 1,795

PASTMYBEST
Posted on: Yesterday, 12:50


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QUOTE (seanamans @ Mon, 16 Jul 2018 - 08:15) *
Thank you for the direction. I found a draft, below, on your website, wondering if the words are okay to challenge my ticket?


------------------------------
I would like to submit an appeal on the basis that the alleged contravention did not occur. The ticket was wrongly issued and there are mitigating circumstances to explain why my vehicle was stationary when the PCN was issued.

· The Civil Enforcement Officer (CEO) made an error

o With reference to the official CEO handbook which has been devised for London boroughs to provide a standard approach to issuing Penalty Charge Notices (PCNs) across London, the official contravention code attached says under code 23 "A suffix is required to fully describe the contravention". The PCN in this instance should say "Parked in a parking place or area not designated for that class of vehicle - goods vehicle loading bays" and include the suffix L. The PCN should make the allegation clear, therefore the PCN which has been issued is not valid as it does not comply with the official CEO handbook or fully describe the contravention.

· I was unable to determine what the relevant parking restrictions were

o There was no clear signage to explain what they were. Please see attached evidence of the signage in place. I personally understood the sign to mean the loading bay could be used as long as the vehicle was being used to load or unload goods. With reference to section 192 of Road Traffic Act 1988: “goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods. My vehicle can be considered to fall within the definition of “constructed” for the purposes of this exemption, whereby the seats can be folded to enable goods to be carried. Please find attached evidence from my vehicles handbook (pages 78-81) which details how my vehicle is constructed where the rear seat backrest is split and can be folded to expand the cargo area. The alleged contravention suggests my vehicle was parked in a parking place or area not designated for that class of vehicle, however the signage is confusing and does not make it clear which class of vehicle should use the bay for example a commercial van or lorry.

· The alleged contravention did not occur and I believe the parking attendant got it wrong.

o There are mitigating circumstances to explain why my vehicle was stationary. I was not parked inappropriately at the time the ticket was issued. This is due to the fact I used the loading bay to unload and deliver goods. My vehicle remained in place for 6 minutes to perform the unloading operation moving goods from my vehicle. With reference to section 192 of the Road Traffic Act 1988: “goods” includes goods or burden of any description. Please see attached the necessary paperwork of the mail order returns receipt from the local business as proof that goods were handed over to the store. As such, it is shown that it was necessary for my vehicle to be in that place to unload.

I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Yours faithfully,
-------------------------------------


Lose the bit in red, councils love mitigating factors, gives them something to harp on about right through to appeal (" We have considered the mitigating factors but find no reason to cancel")
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399412 · Replies: 7 · Views: 220

PASTMYBEST
Posted on: Yesterday, 12:46


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Post all of the notice of rejection redacting only personal details there are often errors
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399410 · Replies: 37 · Views: 1,126

PASTMYBEST
Posted on: Yesterday, 12:36


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Your reps look Ok but cannot open the links you need to copy them to an external site such as fliker
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399407 · Replies: 8 · Views: 103

PASTMYBEST
Posted on: Yesterday, 12:33


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I cannot see anywhere that the deregulation act has a bearing on the grace period can anybody

http://www.legislation.gov.uk/ukpga/2015/2...tion/53/enacted
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399406 · Replies: 82 · Views: 3,833

PASTMYBEST
Posted on: Yesterday, 12:21


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QUOTE (paul1982 @ Mon, 16 Jul 2018 - 09:08) *
thanks everyone and thanks PASTMYBEST look forward to receiving it



Mr XXX (senior) took part in the telephone hearing on behalf of his son, the Appellant. Mr YYY represented the Council.

Mr YYY told me that the Council had not changed the signage in this location since two previous decisions had made plain that the signage was inadequate. Mr YYY said the Council were urgently looking at the possible remedies but that this was not a matter with which he was personally involved. Mr YYY reiterated that in their view the signage was technically correct but conceded that its placement was not ideal.

Indeed it is fair to say that the signage in this location, technically correct or not, is hopeless. It gives the distinct impression of applying only to the adjacent cycle lane and not to that part of the carriageway which is intended to be restricted to buses (and other authorised vehicles) only. The signage fails to satisfy Regulation 18 of the Local Authority Traffic Orders (Procedure) Regulations 1996.

Mr XXX raised a further point: he asserted that the penalty charge notice (PCN) was served out of time. He described his calculations and, upon looking at the Regulations and a calendar, I agree with him. The PCN was only just out of time but it was, nevertheless, served too late to be enforceable.

The appeal is therefore allowed for two reasons: first, that no contravention occurred because the signage intended to warn motorists of the restriction was inadequate; and, second, because the PCN itself was served later than the Regulations permit.

Mr XXX asked for costs and will, if he wishes to pursue this, send to the Tribunal a breakdown of the time reasonably spent on this case together with the out of pocket expenses reasonably incurred. Mr XXX is aware that any costs awards, which are very rarely made by this Tribunal, will be modest. It will be necessary, as a primary point, for Mr XXX to demonstrate that the Council’s conduct of this case has been “wholly unreasonable”. Note that mere unreasonableness will not suffice, it must be “wholly” unreasonable.

MC8545971A

1. I have decided this appeal without a hearing. The parties did not ask for a hearing.
2. The Council have produced footage from an approved camera device which shows Mr A's vehicle driving southbound along Oxford Street after its junction with Nelson Street.
3. The whole of Oxford Street at that point in that direction of travel is a bus lane from 6am to 9pm. During those times buses, taxis and permit holders’ vehicles are the only motor vehicles permitted to proceed along Oxford Road beyond its junction with Nelson Street.
4. Mr A explains in his that he was planning to park on Denmark Road following a route down Grafton Street left on to Oxford Road and then right on to Denmark Road. In fact, this route took him on to Oxford Road before the start of the bus lane and then into the bus lane, the turn for Denmark Road being past the start of the bus lane
5. Mr A appeals on the basis the signage did not indicate he could not take that route and was unclear and confusing. He said, in particular, the signs at the beginning of the restriction are on either side of a wide road, with the near side sign located on the far side of a cycle lane, well away from the carriageway and separated from it by the cycle lane and nearside kerb. He argues the sign indicated to him that the restriction applies to the extended bus stop area on the nearside.
6. Mr A is right that there is a long bus stop on the left hand side of the road, indicated by a yellow dashed marking on a red-coloured road surface, immediately after the start of the bus lane. Although this is, in fact, only a bus stop rather than the bus lane, Mr A is not alone in misunderstanding the sign on the near side of the start of the bus lane as applying to simply the left hand side of the road, where there is a long bus stop, as opposed to the whole of the road. Nor is he alone in evidently not noticing the equivalent sign on the far side of the road, because the road is so wide that it is remote from the side of the carriageway to which it relates.
7. The decisions of other adjudicators in appeals concerning this bus lane have highlighted that other motorists have interpreted the signage in exactly the same way as Mr A, that is as identifying a bus lane as being what is, in fact, the bus stop on the left hand side of the road with an unrestricted lane next to it.
8. A number of adjudicators have considered the question of whether the signage for this bus lane is adequate, in the context of appeals from motorists, like Mr A, who appealed because they were simply unaware they had entered a bus lane at all. In three cases - MC00729-1711; MC00816-1712 and MC00752-1712, the adjudicators decided the signage was not adequate and allowed the appeal. In each case they gave detailed reasons for their decision. Indeed, Mr A has quoted from the reasons in a further decision with the same outcome – MC00014-1801.
9. I am not bound by any of those decisions but find them persuasive, particularly in the context of Mr A’s evidence that he misunderstood which part of the road the restriction on the sign at the start of the bus lane applied to. Consequently, I agree with the decisions of these adjudicators that the signage for this bus lane is unclear and inadequate, and adopt their reasons for so deciding.
10. Because the signage is not adequate, the restriction is not enforceable against Mr Ai. I allow his appeal on the ground the alleged contravention did not occur. He has nothing to pay.


https://imageshack.com/i/pmfWKu9pj
https://imageshack.com/i/pmEOkR3Sj
https://imageshack.com/i/pnGffGErj

https://imageshack.com/i/pnYM0vrHj
https://imageshack.com/i/poHixRI0j
https://imageshack.com/i/pnYM0vrHj

https://imageshack.com/i/po2c937Dj
https://imageshack.com/i/pnsl6UAWj
https://imageshack.com/i/pnVdQo5ej

https://imageshack.com/i/pmCPjycdj
https://imageshack.com/i/poQhQdplj
https://imageshack.com/i/pm96wOHEj

https://imageshack.com/i/pnMEhc41j
https://imageshack.com/i/pmJQ2cJ7j
https://imageshack.com/i/poU0O7rOj
https://imageshack.com/i/poHHKqg4j
http://imageshack.com/i/pnjoAfDxj






  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399402 · Replies: 9 · Views: 131

PASTMYBEST
Posted on: Yesterday, 11:19


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Lets see the video

Put in the bit about the bus preventing a U turn so there was no other option.

The Bus Lanes (Approved Devices) (England) Order 2005

requires that the camera is able to get a shot of things that might cause you to have to enter the bus lane l
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399373 · Replies: 8 · Views: 103

PASTMYBEST
Posted on: Yesterday, 11:10


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Get and post the council photos. You were given the PCN for parking on the yellow line not the bay. That response could win it for you
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399372 · Replies: 6 · Views: 98

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 22:05


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QUOTE (lakka @ Sun, 15 Jul 2018 - 20:29) *
QUOTE (PASTMYBEST @ Sun, 15 Jul 2018 - 20:06) *
The PCn would be deemed served on the 25th of may unless you can show it was not. That does not really matter as the enforcement process is predetermined by the date of notice.

Can you show it was not served, Else how can you say the PCN was not received Asking the council to accept representations out of time explaining why and presenting any evidence of a poor postal service that you can is possibly your best option


I don't see any possible way I can prove that the letter arrived way later than what it should have.

With regards to the statutory declaration, what about if I tick I did not receive it then explain under the 'reasons' section specifically that I did not receive it within either the 14 or 28 day periods?


It is a tick box exercise. You must decide if you can truthfully submit that you did not receive it. The penalty for knowingly making a false declaration is a fine of up to £5000
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399283 · Replies: 13 · Views: 242

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 21:50


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I have somewhere and will dig out a few appeals that have won. but remind me tomorrow
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399277 · Replies: 9 · Views: 131

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 21:36


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there is a two sided page missing post it please we need to see what the suspension sign says can you get a photo
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399274 · Replies: 8 · Views: 134

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 19:06


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The PCn would be deemed served on the 25th of may unless you can show it was not. That does not really matter as the enforcement process is predetermined by the date of notice.

Can you show it was not served, Else how can you say the PCN was not received Asking the council to accept representations out of time explaining why and presenting any evidence of a poor postal service that you can is possibly your best option
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399221 · Replies: 13 · Views: 242

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 18:48


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QUOTE (qaz1 @ Sun, 15 Jul 2018 - 17:45) *
ok...i will do as u both suggest, seems right, good advice, thanks

re the discount: i thought i read on councils site that it remained in place even if the rejected my appeal, [i dont trust their wording not to be tricky] althouigh like you i have faith that Traffic Penalty Tribunal only have one correct optiion in light of previous decision by court.

i looked at tjhat other post/page , wjhat aspect of it do you suggest as being interesting to me?, its not the same camera is it?

well im sure that somewhere sooner or later my poorly ajusted hearing aids and tinnitus will come together and make an emergency vehicle sound....its only a matter of time:), it was a bad idea.

thanks


The other case was exactly the same spot, and with a well drafted representation the council buried their head in the sand and did not respond, nor continue to chase that PCN.

Post a draft of your reps here for review before you send anything to the council and we will help make it strong
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399219 · Replies: 22 · Views: 487

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 18:43


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QUOTE (cp8759 @ Sun, 15 Jul 2018 - 18:05) *
QUOTE (PASTMYBEST @ Sun, 15 Jul 2018 - 17:33) *
QUOTE (cp8759 @ Sun, 15 Jul 2018 - 17:30) *
Nobody, including an MP, is going to get involved in what is effectively a judicial decision. I'm sure in places like Russia Mr Putin can just call any judge and tell him what the outcome of a certain case should be, but given we have the rule of law and the separation of powers in this country, the executive (complaints procedure) and legislative (MPs/Parliament) arms of the state will not, and should not, get involved.

The only option to take this forward is to issue a judicial review pre-action protocol letter setting out why the decision was wrong, and spelling out to the tribunal that if the decision is not revised a quashing order will be sought. We know all to well that a simple email asking for a further review will just get batted away by the tribunal's administrative staff.



Cannot a further request for review be made Both adjudicators err in law some one should look de novo

Didn't the last one we sent get rejected by the tribunal's administrative staff?


Yes but this one says it was reviewed by Horne
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399218 · Replies: 82 · Views: 3,833

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 18:42


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QUOTE (JD B @ Sun, 15 Jul 2018 - 18:41) *
Thanks and you also mentioned to take a screenshot of the street view- when I click on it shows a van and a sign , is that one I need to attach?


Yes it shows that the signs can very easily be obscured in the layout it is in. Let an adjudicator infer from it what they will
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399217 · Replies: 42 · Views: 1,317

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 18:40


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To me you stopped to allow an oncoming vehicle to proceed, As DD reason beyond your control. You see a vehicle stopped further along facing an oncoming vehicle, some one has to give way.
You might have been over cautious, but that's not a contravention two other vehicles also had to stop.

I would take this all the way. Post the PCN lets check that for errors a s well
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399216 · Replies: 20 · Views: 487

PASTMYBEST
Posted on: Sun, 15 Jul 2018 - 16:33


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Posts: 12,855
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Member No.: 74,048


QUOTE (cp8759 @ Sun, 15 Jul 2018 - 17:30) *
Nobody, including an MP, is going to get involved in what is effectively a judicial decision. I'm sure in places like Russia Mr Putin can just call any judge and tell him what the outcome of a certain case should be, but given we have the rule of law and the separation of powers in this country, the executive (complaints procedure) and legislative (MPs/Parliament) arms of the state will not, and should not, get involved.

The only option to take this forward is to issue a judicial review pre-action protocol letter setting out why the decision was wrong, and spelling out to the tribunal that if the decision is not revised a quashing order will be sought. We know all to well that a simple email asking for a further review will just get batted away by the tribunal's administrative staff.



Cannot a further request for review be made Both adjudicators err in law some one should look de novo
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399204 · Replies: 82 · Views: 3,833

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