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emanresu
Posted on: Tue, 9 Aug 2022 - 18:29


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QUOTE (cp8759 @ Fri, 5 Aug 2022 - 09:09) *
You say you've appealed (it's not an appeal, there's nothing to appeal yet) but we still don't know on what basis?

Obviously if the council took too long to issue a permit it should be straightforward, if the driver forgot to renew it in the first place it then not to much.


As you state there is no appeal (for off-street parking) under this legislation. The council's own paperwork states that there is - but there is nothing in the PPO. So confusion #1

Confusion #2 is that there is a page that lists 6 reasons why a Notice to Pay Standard Charge might be cancelled - but none applied to my circumstances.

https://www.rother.gov.uk/transport-roads-a...ppeals-process/

Confusion #3 is that it has been cancelled which indicates there is some form of discretion in place for those who might have made a genuine error as I had. I came very close to paying it the other day but nothing ventured as they say.

So I have learned the local council are still operating 'legacy' legislation on off-street. On-street is now TMA 2004. I've learned about an appeals process that's not within the legislation. And I have learned that even if there are 6 stated reasons for appeal, there may be others you might not know about.

So if I ever get another ticket, I'll expect the worst and hope for the best. Always appeal.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1728637 · Replies: 17 · Views: 1,134

emanresu
Posted on: Thu, 4 Aug 2022 - 15:40


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Comments are much appreciated as I had forgotten a lot of this. And forgotten how good you lot are.

The appeal has gone in. The driver (me) fears the owner more than the Mags Court so driver has been identified.

Agree that if I had checked rather than assume, I'd have paid as I used to before we the permit became available. But I'll just have to wait and see what they say.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1727720 · Replies: 17 · Views: 1,134

emanresu
Posted on: Thu, 4 Aug 2022 - 08:17


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QUOTE
How out of date was the permit and why didn't you renew it?


Ran out on 31st. There was either a delay in the Council issuing a renewed one, or a delay in the office passing it over. The rules regarding the permits are clear and it was correctly issued.

I'm looking for confirmation of the process as this type of issue sometimes comes across my "desk" to help others with. Familiar with TMA 2004 but this one is different. I am almost certain it's the Mags and I'm almost certain most people would prefer to pay it. I just need to be certain of the facts should I get asked some time in the future.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1727589 · Replies: 17 · Views: 1,134

emanresu
Posted on: Wed, 3 Aug 2022 - 20:18


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QUOTE
but the registration plate is missing.


No all the details were there. It's been amended.

Is this the Magistrates court if it needs to be defended - though there is no defence as the charge was issued correctly.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1727502 · Replies: 17 · Views: 1,134

emanresu
Posted on: Wed, 3 Aug 2022 - 17:31


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Picked up one of these for displaying an out-of-date permit. Uses s35(a) of the RTA 1984 rather than TMA 2004. Was in an envelope with Parking Charge on it.

Don't know of any other LA's using this legislation so not sure what the statutory appeals process is - though there is an email address to send one.

How do these work. Is there a second appeals process if the first is rejected? As an aside, highly likely it will be cancelled due to the circumstances but am interested for my own educational purposes.

https://ibb.co/HxTDgkN
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1727470 · Replies: 17 · Views: 1,134

emanresu
Posted on: Fri, 7 Feb 2020 - 15:56


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The problem with appealing is that there will be a POPLA code. POPLA will agree with Britannia as it looks like no voucher was displayed. If it then goes to court, there is a chance a judge might just take the POPLA line.

The other approach, which may be off piste for many, is simply to state the pragmatic position of "de minimis" as the breach was a technical one rather than the intent to overstay and rob the operator of income. But it comes down to the honesty of the MIL as to whether she did overstay or not.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1548539 · Replies: 26 · Views: 2,797

emanresu
Posted on: Thu, 6 Feb 2020 - 15:09


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In looking at the image you have put up, I'll make the following comments

1. You've left all the details on so your MIL's case can be identified.

2. They are not particularly good pics but can't see anything displayed so you'll need to do a SAR for the originals

3. This has been taken with a handheld so as part of the SAR ask for the operators notes regarding the incident as these will fall under the DPA too. They can remove the operator's name but not the detail

4. If she genuinely was there for less than 30 and the operator's notes back this up, I would argue "de minimis" for this one. The observation time is less than 30 so that is a good start.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1548350 · Replies: 26 · Views: 2,797

emanresu
Posted on: Mon, 3 Feb 2020 - 18:20


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QUOTE
A 'free' ticket was obtained, and thought to be displayed.


Britannia have a "failsafe" system where they will not send out tickets if unless there is photographic evidence of the "offence".

Send a SAR to get the pics they have. And if they have no pics, come back and let us (and the DVLA) know
  Forum: Private Parking Tickets & Clamping · Post Preview: #1547443 · Replies: 26 · Views: 2,797

emanresu
Posted on: Sun, 22 Dec 2019 - 18:22


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QUOTE
Is it something he can fight or appeal against, or do GPs generally get the final say.


AFAIK the GP's usually help and will advise what is best for the patient. It is then up to the Medical Panel to make the decision and not the GP.

But ask yourself this. Should your friend err on the side of caution or on the side of his/her convenience. After all what is the effect of getting it wrong?

  Forum: The Flame Pit · Post Preview: #1538707 · Replies: 8 · Views: 4,603

emanresu
Posted on: Mon, 18 Nov 2019 - 14:46


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Surely it is the DVLA that should be targeted for a claim as they were unclear / slow to act in protecting the Keeper's details. MIL have confirmed that the DVLA flipped on the advice.

Also there is a thread over on MSE where an OP successfully sued the DVLA (AFAIR) for a Llawnroc related issue. So there is a supporting case if it is.

Someone from MSE will be able to find it. You can then PM the OP for some help.




Edit:

This one will help too

https://forums.moneysavingexpert.com/showth...d.php?t=5825427
  Forum: Private Parking Tickets & Clamping · Post Preview: #1531055 · Replies: 16 · Views: 1,414

emanresu
Posted on: Fri, 25 Oct 2019 - 15:41


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#StopTheKnock is a campaign mainly to reduce and control the use of Bailiffs to collect government and LA debt. Every two years they do a mammoth FOI request for the numbers.

Link is https://www.stoptheknock.org/wp-content/upl...or-website.xlsx

Type: No of referrals
Council Tax : 1,417,736
Parking Fines: 1,079,119
Housing Benefit overpayment: 39,470
Business rates: 79,899
Commercial rents: 3,665
Other debt types: 26,521

Total bailiff referrals: 2,646,410

What is mind numbing is that the second largest referrals to bailiffs is PCNs and they have grown at 10% per year over the last 4 years. And if my memory serves me, this is 1 in 6 of all PCN's issued. Someone can correct me on this.

Given that 1.4mn referrals for Council Tax is causing concern in government circles, the 1mn for PCNs gets no more than a shrug.
  Forum: The Flame Pit · Post Preview: #1525080 · Replies: 4 · Views: 1,522

emanresu
Posted on: Fri, 4 Oct 2019 - 18:22


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QUOTE
I can't see one?


Ooops, my mistake. GSV from August 2016 shows one - but perhaps honesty doesn't pay these days.
  Forum: News / Press Articles · Post Preview: #1520249 · Replies: 6 · Views: 2,878

emanresu
Posted on: Thu, 3 Oct 2019 - 17:09


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Now correct me if I am wrong but if you zoom in, there is an "honesty box" on this car park to avoid the issue of a PCN.

Has anyone used the HB and still got a ticket?
  Forum: News / Press Articles · Post Preview: #1519993 · Replies: 6 · Views: 2,878

emanresu
Posted on: Sat, 28 Sep 2019 - 07:35


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If you have never saved for a pension and have never contributed to NI schemes (what? who? how did they do this?*) you will be entitled to Pension Credit. £250/week per couple. Ask him/her if they want to exist on this.

https://www.turn2us.org.uk/Benefit-guides/P...edit-will-I-get

As the demographics are against maintaining the generosity of £250/week I'd suggest, like the others that he/she starts saving sooner and in larger amounts than they think.


*British descendants who are also UK citizens by right who are coming in from places like South Africa and other places Brits used to go to.
  Forum: The Flame Pit · Post Preview: #1518803 · Replies: 49 · Views: 7,096

emanresu
Posted on: Fri, 16 Aug 2019 - 13:48


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The gist of the reply was that they considered my appeal; cancelled the ticket; but I should have put in the zone. So by inference (again) they shouldn't have cancelled the ticket.

Now the "zone" box is where the council date stamp for validity. As the driver can't date stamp to make it valid, why should the driver presume the zone should be filled in? My suspicion is that the council should have put the zone in each permit as well as the date stamp but failed to do it. There is certainly no instruction anywhere on the signs or the permits that the zone information is needed. So did they notice a failure by their own people or were they correct to say the driver (me) should have put in the zone when there was no instruction to do so.

I'm keen to take it further either to get the council to reprint their vouchers IF they want zone information and, if possible, get refunds to those in a similar position who paid up.
  Forum: The Flame Pit · Post Preview: #1508430 · Replies: 6 · Views: 2,455

emanresu
Posted on: Fri, 16 Aug 2019 - 13:02


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Received a "Welcome to ..." voucher in the form of a parking ticket at a local south coast council. Appealed it and it was cancelled, so a Flame Pit question

The reason for the issue was "No valid permit". The instructions on the permit says:

QUOTE
1. Write the vehicle registration clearly in ink in the box as step 1. Failure to complete the registration means a permit is not valid and a PCN may be issued

2. Scratch out one panel only from each of the following sections: a) Date b) Month

If you scratch out the wrong panel or more than one panel in each section, the permit is not valid and a PCN may be issued.

3. Display the permit so that all the details can be clearly seen from outside the vehicle. Do this by: a) placing the permit securely on the dashboard, or b) folding the top of the permit over your nearside window with the permit on the inside and close the window completely.


What strikes me in hindsight about these instructions is how clear they are and how many of the usual driver failures it covers. Surely a driver couldn't fail to understand the instructions and yet it appears I did.

On the front side there are 3 boxes - month, day, VRM. There is another box for validity where the council have date stamped the voucher. The same box has a space for a Zone but that was blank. It doesn't explicitly mention the zone in the instructions but that was my failure according to the council. My appeal was on the basis of "hidden terms" which seems to have led to the cancellation.

Have a feeling there may be a bit of profiting from unclear terms going on here, but can't use the TPT.

So what options might there be?
  Forum: The Flame Pit · Post Preview: #1508417 · Replies: 6 · Views: 2,455

emanresu
Posted on: Thu, 2 May 2019 - 05:55


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QUOTE
but no harm in trying


There is but go ahead.

Have a read and see which one you are

https://www.judiciary.uk/about-the-judiciar...district-judge/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1482071 · Replies: 52 · Views: 6,860

emanresu
Posted on: Wed, 1 May 2019 - 19:27


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SEPP are correct. It is ESCC as Highway Authority but they may bounce it back to SEPP. Keep going back to ESCC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481998 · Replies: 54 · Views: 13,605

emanresu
Posted on: Wed, 1 May 2019 - 05:42


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The rather grovelling nature of the replies of the IPC and others is not due to their concern about you or the courts. Their concern is that someone with extremely deep pockets and a legal team may go after them. See if the LA will step up with their deep pockets and legal team.

Use an FOI to see what exchanges there have been with the LA about that location. Then make a decision.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481836 · Replies: 54 · Views: 13,605

emanresu
Posted on: Mon, 29 Apr 2019 - 05:48


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https://en.parkopedia.co.uk/parking/carpark...ng=201904290900

When the NCP WS arrives check for a details of the transaction time when the fee was paid. ANPR timing is not conclusive enough.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481249 · Replies: 34 · Views: 2,572

emanresu
Posted on: Sat, 27 Apr 2019 - 18:05


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QUOTE
VCS v Crutchley is a perverse judgment that says that, if the motorist doesn't know what the terms and conditions are, he should first leave his car outside the area and enter on foot to read them


Apart from not being binding, the comment was obiter. It turned on the facts.

At #9

QUOTE
Mr Crutchley lives nearby the business park. He had previously collected his son who worked in one of the units and was aware that he could not gain access to the car park provided for that unit.


QUOTE
Accordingly, by prior arrangement notifying his son that he was on his way, on the day in question, 3rd June 2015, Mr Crutchley stopped his vehicle in the roadway, allowing his son to leave the business premises where he worked, and to get into his father’s vehicle.


QUOTE
Unbeknown to him, at the same time a spotting vehicle, that is a van with cameras able to record registration numbers, was passing at the time


QUOTE
The distinction between stopping and parking was not material, if it was considered that the Claimant had a legitimate interest in preventing obstruction on the narrow access roads of this private business park when heavy goods vehicles, buses and other vehicles needed to proceed unimpeded, by imposing a charge to be paid in such circumstances


QUOTE
It is incumbent, in my judgment, on a person entering private property, when it is clear that a contractual licence is being provided, to understand the terms of such a licence


The driver knew not to stop but did so. The legitimate interest was to prevent those stopping from interrupting flow - the same as any red route.

But Crutchly doesn't apply in this case. Shoe Lane does.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481020 · Replies: 34 · Views: 2,572

emanresu
Posted on: Fri, 26 Apr 2019 - 15:42


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QUOTE
I honestly do not remember.


Ask then and put it to them now that they should produce the information to narrow the issues within the overriding objectives of the court. Quote Shoe Lane at them and get proof of posting. It puts them on notice to put up or pay up if they are wrong. If they are right, then it will save you a wasted day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480775 · Replies: 34 · Views: 2,572

emanresu
Posted on: Fri, 26 Apr 2019 - 14:35


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QUOTE
The CoP states a grace period must be offered to to read the T&C


QUOTE
By the time you paid, the night rate was in effect


There is a grace period to read the terms but the contract is formed on payment as shown by the printed ticket. The quote was from the CoA case Thornton v Shoe Lane Parking.

What did the printed ticket say about the time of payment?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480768 · Replies: 34 · Views: 2,572

emanresu
Posted on: Fri, 26 Apr 2019 - 14:31


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As an aside to your defence, I withdraw everything I said about trespass. Why the JR has gone down the contract route is a mystery.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480767 · Replies: 63 · Views: 8,810

emanresu
Posted on: Fri, 26 Apr 2019 - 14:22


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QUOTE
the purported contract between the PPC and the driver depends on an assumption/legal fiction that a driver parking a vehicle in a managed car park did or likely would have entered into a contract with a PPC


The agreement between the OP and the Landowner is missing from this argument. It would need to be examined for explicit agreement or implied. It would also need to be viewed in terms of a time limit. For example, was the agreement in perpetuity (which has legal effect) or was it a simple licence. Unless those details are clear, and pics of how the car was parked, we are only postulating.

OP needs to give far more detail than is currently been offered. Too many assumptions being made which could cost the OP in the long run.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480766 · Replies: 13 · Views: 1,564

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