PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

765 Pages V   1 2 3 > » 

DancingDad
Posted on: Today, 15:12


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (stamfordman @ Fri, 17 Aug 2018 - 15:47) *
......….As for "bizarre Zionist conspiracy" there's no need for conspiracy when Israel passes a nation state law that effectively establishes apartheid.


While I dislike many of the things Israel does, if they were to remove their forces and hang up their weapons, beat the swords into ploughshares, they would cease to exist within a very short space of time.
Exactly the same as in 1948 when the British pulled out and handed the keys to the Palestinians.
It does explain their policies a little, they know they exist solely for as long as they can defend themselves.
  Forum: News / Press Articles · Post Preview: #1408879 · Replies: 25 · Views: 624

DancingDad
Posted on: Today, 14:56


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


That is a good result, well done.

Must admit to being a little surprised but the old adage of don't ask, don't get, comes to mind.
A few years back, Westminster was one of the most grasping of London councils, penalising anything that did not move.
But they changed their policy, tasking CEOs with moving people on rather then reaching for the hand held machine and being far more amenable to reasonable challenges.
We see far fewer PCNs from them then we used to, whether their parking problems are any better (or worse) cannot say but I do feel that other London councils ought to look at similar ideas.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408874 · Replies: 13 · Views: 310

DancingDad
Posted on: Today, 09:39


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Good.
I'd still be very wary of any dealership who tried that on.
  Forum: The Flame Pit · Post Preview: #1408764 · Replies: 23 · Views: 726

DancingDad
Posted on: Today, 09:36


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Under Scottish 1991 Act no time limit for service of NTO but 6 months would be reasonable as an outside deadline based on TMA2004 and older cases such as Davis.

But PCNs do not just disappear, council must have some record even if they did cancel.
Did you send an informal challenge?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408761 · Replies: 10 · Views: 219

DancingDad
Posted on: Today, 08:43


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (cp8759 @ Thu, 16 Aug 2018 - 21:37) *
QUOTE (stamfordman @ Wed, 15 Aug 2018 - 22:22) *
£500 full penalty.

Still, if dealt with correctly it could have likely been settled for £250, for the remaining £1,320 is down to the garage owner.


To me that is the main point.
Even if the garage owner had contacted immediately the PCN dropped and said pay, any escalation is down to the garage owner.

I would treat this as two parts.
The bulk of the claim as above.
The smaller against any liability for the PCN anyway.

Would help if OP told us the type of vehicle.
Defense on the PCN front would be different between a smaller vehicle that may not obviously fall foul of LEZ and a 10 tonner that would.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408743 · Replies: 23 · Views: 1,112

DancingDad
Posted on: Today, 08:33


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (Mad Mick V @ Thu, 16 Aug 2018 - 22:34) *
Hope this is the OP, but he can use it otherwise:-
2180273110
O/s 411-417 Hendon Way

Mr I attended today. He appeals as he argues that the signing of the red route bay was insufficiently clear.Mr I states that he was visiting a client in Hendon Way. He saw a red route sign that faced oncoming traffic that indicated the red route was operational Monday to Saturday 7am to 7pm and that parking was permitted for up to an hour. He parked his car the bay.

Transport for London provides a photograph of the sign that relates to the part of the bay in which the car was parked. It indicates that the red route is operational Monday to Saturday 7am to 7pm and that loading is permitted for up to twenty minutes. Transport for London’s photographs show that this sign faced into the carriageway and did not face oncoming traffic. The appellant states that he did not see this sign.

A red route sign should face oncoming traffic so that motorists can see that stopping is prohibited without having to stop to read the sign. Mr I relied on the sign that he saw as he drove past. I find that because the second sign in the bay did not face oncoming traffic the signage was insufficiently clear to alert motorists of the two different types of bay.

I allow this appeal.

----------------------------------------

Mick


Exactly what we were saying to OP.
Hope it is him.
Good result for a little common sense anyway.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408740 · Replies: 26 · Views: 626

DancingDad
Posted on: Yesterday, 11:19


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


For many years I worked in a company sorting contract wrangles out.
Often they were because what the salesman thought they had sold wasn't what the customer thought they had bought.
Devil is in the details, to me, if the details show spec, options and price, this sort of error is the fault of the salesman and cannot be renegotiated after the sale.
Unfortunately, I often found that the details were not clear so there had to be some horse trading.

But at the moment, it is unclear what details are in writing or can be verified.
But my instinct is still to tell them to take a hike.
  Forum: The Flame Pit · Post Preview: #1408481 · Replies: 23 · Views: 726

DancingDad
Posted on: Wed, 15 Aug 2018 - 22:03


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (itwisnyme @ Wed, 15 Aug 2018 - 22:45) *
........Interestingly, I tried first online, then called the council - there was no record of the PCN.

Am I to assume they noticed their error and scrapped the PCN??

I'll make further enquiries tomorrow.


Woah, never, ever assume a PCN has been scrapped.
You have a piece of paper that is all that is needed to start a process that can end with Sheriff's enforcement officers.
Make the challenge.
I was not parked in …. etc
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408361 · Replies: 10 · Views: 219

DancingDad
Posted on: Wed, 15 Aug 2018 - 21:22


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (oldstoat @ Wed, 15 Aug 2018 - 18:39) *
...….pay on exit is an appalling idea.

Go for an appointment at 9am, then not leave till 3pm due to delay etc. The total time of actual medical care in that 6hrs was 25minutes. Why should I have to pay the NHS for its delays


I can see an argument for free parking if undergoing treatment but surely if charges are to be levied, far better to pay on exit then guess at the beginning and if delayed, risk a £100 invoice and the subsequent battle to avoid paying.
  Forum: News / Press Articles · Post Preview: #1408345 · Replies: 18 · Views: 477

DancingDad
Posted on: Wed, 15 Aug 2018 - 21:18


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


I think it is £250 for an LEZ penalty.
But principle if the same, if dealt with properly, liability would have been solely the penalty, anything else is down to the owner.
You cannot be expected to fund his business inactivity when he is partying on the Costa wherever.

That is assuming that you would even be liable for that.
That would depend on whether or not you could be reasonably expected to have known the vehicle is liable, whether the owner had told you it was or indeed if told you it wasn't.
A lot of this will depend on the vehicle and vehicle specifics.
For instance, Land Rover Discoveries can be registered as a passenger vehicle (no charge) or a commercial (LEZ charge due) when they are exactly the same vehicle, the only difference being how the original dealer registered them. A change to engine spec may make a vehicle compliant when one 6 months older would not be. A proper minefield for the unwary. Easy enough to avoid by checking registration number online with TFL but.....

Important thing at moment is to acknowledge the claim, put nothing in the defence box and do not miss deadlines.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408343 · Replies: 23 · Views: 1,112

DancingDad
Posted on: Wed, 15 Aug 2018 - 12:29


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


What was the driver doing at the hotel?
If business with the hotel, approaching them may (no guarantees) get it cancelled.

As for the misconception, PPCs can and do take people to court and can win.
Whether any particular company is likely to go to court, whether they can win, whether they rely on threats and bluff varies with each case but ignoring is no longer the correct advice in England.
Threats and bluff, such as the CCJ will happen, not if, if, if is a typical one that people see, panic and pay.
PPCs are very good at making your position seem impossible and dire.
  Forum: The Flame Pit · Post Preview: #1408163 · Replies: 18 · Views: 315

DancingDad
Posted on: Wed, 15 Aug 2018 - 12:19


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Check on council website for any photos taken by the CEO.
That the lowered part is not quite level has been a winner but only AFAIK, with greater step then that.
Otherwise it is how far into it or indeed only on the sloping part...which the photos will show.
A challenge within the 14 day period and "normal" reply times should see you okay to pay the discount when you come back (or decide to challenge further) although should does not mean absolute guarantee
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408158 · Replies: 9 · Views: 201

DancingDad
Posted on: Tue, 14 Aug 2018 - 23:23


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (666 @ Tue, 14 Aug 2018 - 23:20) *
......….You're a councillor. Don't you have officials who are paid to answer such questions?

If they work for parking departments, probably don't have a clue rolleyes.gif

Yellow lines restrict waiting by any motor vehicle
If large vehicles, goods vehicle restrictions can limit to them only
Othrwise you are into permit schemes.
  Forum: The Flame Pit · Post Preview: #1408074 · Replies: 5 · Views: 257

DancingDad
Posted on: Tue, 14 Aug 2018 - 16:03


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Para 3...add in something to the effect that instructions on the machine were unreadable nor could any Pay by Phone instructions be made out.
I like to see headings as well but adding Procedural Impropriety to first sentence would suffice.
Apart from that gives all is needed
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407989 · Replies: 24 · Views: 648

DancingDad
Posted on: Tue, 14 Aug 2018 - 12:38


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Last time I had an argument with a dealer, over getting work done under a warrantee agreement that I had paid for but they had not taken out, I ended up going to the sales manager and asking very bluntly, why I should consider ever buying from them again.
If I had just paid 30K on a motor, I would be asking the question of the Managing Director/CEO/whoever is at the top.
  Forum: The Flame Pit · Post Preview: #1407941 · Replies: 23 · Views: 726

DancingDad
Posted on: Tue, 14 Aug 2018 - 12:27


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (hcandersen @ Tue, 14 Aug 2018 - 11:43) *
It’s not a PI, it’s the statutory grounds of ‘penalty exceeded......’

.........Appeal allowed, march out.


IMO it is both.
They didn't re-offer, ie penalty exceeded
They failed to honour a promise...PI

Agree on the last bit.
My only concern is if TFL re-offer.
While I do not agree this would wind back the initial error, I am not an adjudicator so would become the double or nothing gamble again.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407935 · Replies: 22 · Views: 591

DancingDad
Posted on: Tue, 14 Aug 2018 - 10:21


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


IMO your position is very strong.
You were given an offer and triple checked it, they may have made an error but you accepted in good faith and paid what they asked.
But what have you got in writing to support the offer ?
I assume a minimum of a receipt with prices and details on it ?
  Forum: The Flame Pit · Post Preview: #1407887 · Replies: 23 · Views: 726

DancingDad
Posted on: Tue, 14 Aug 2018 - 09:08


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Dear Sirs
Ref PCN ????
The Penalty Exceeds the Amount Due in the Circumstances of the Case
I challenged the original PCN during the 14 day discount period.
A copy of the receipt to my challenge is attached that confirms this.
When TFL rejected the challenge, they failed to re-offer the discount as they state they would do on the PCN.
This removed my opportunity to pay at the reduced fee and forced me to wait for the Notice to Owner to challenge again.
In not offering the discount, TFL sought to charge an amount that exceeded that was due.
This is grounds alone to cancel the PCN.
Procedural Impropriety
In failing to re-offer the discount, TFL failed in their common law duty to act fairly and to honour their promise to re-offer.
This is a step not allowed and as such is a procedural impropriety and grounds alone to cancel.
I look forward to your confirmation that the PCN has been cancelled.
Hugs and Kisses
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407863 · Replies: 22 · Views: 591

DancingDad
Posted on: Mon, 13 Aug 2018 - 20:02


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


A man is known by the company he keeps.
  Forum: News / Press Articles · Post Preview: #1407757 · Replies: 25 · Views: 624

DancingDad
Posted on: Mon, 13 Aug 2018 - 15:58


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


There was a lady on parking hell who managed to get a permit despite not having a car.
So she took over a parking space and created a little picnic/rest/garden area.
Seemed very proud of it.
Feck anyone with a car trying to find a space.
I assume that is the sort of abuse you speak of ?
  Forum: The Flame Pit · Post Preview: #1407664 · Replies: 7 · Views: 299

DancingDad
Posted on: Mon, 13 Aug 2018 - 09:55


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Dear Sirs
REf PCN ????
Contravention did not occur
Upon parking I/wife/whoever followed the Pay Here signs to the payment machine.
To find it was behind fencing, totally inaccessible with no alternative means of payment readable from outside the fence.
Photo attached
I could see no alternative machines nearby.
I left a note on the screen which your CEO photographed.
Given that means to pay was totally inaccessible and no alternatives were shown, to penalise someone for failing to pay is simply ridiculous.
The authority failed to make means of payment available, any PCN cannot be enforced in those circumstances.
To do so would be wholly unreasonable.

Procedural Impropriety, Failing to Consider
This was explained within my informal challenge.
The rejection made no mention of the hidden machine nor anything more then bland advice to use alternative means to pay.
This totally fails to consider the failings of the council to ensure that either the machine was available or that alternatives were clearly shown.
Failing in a statutory duty is a procedural impropriety and grounds alone to cancel the PCN.

Should you disagree with any of the above, I ask that you consider the impossible circumstances that any motorist parking and trying to pay would face and use your discretion to cancel the PCN
Hugs and Kisses
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407524 · Replies: 24 · Views: 648

DancingDad
Posted on: Sun, 12 Aug 2018 - 16:16


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Before you go on holiday, you send a copy of the resolution to LT.
You state that on page?, Article 10? it is clear that the resolution applies to the whole length of the road and as such, notwithstanding that signs have been place contrary to the resolution, the contravention did not occur.
Re costs
Add a note that despite your (repeated?) requests for a copy of the resolution and Redbridge's statutory duty to consider challenges, neither has happened.
That without being able to find a copy of the resolution via other means, it seems likely that the penalty would have been applied.
In this respect, Redbridge's actions, or rather inactions, amount to wholly unreasonable behaviour.
Due to this you ask that the adjudicator considers costs.
£19 per hour, 3-4 hours plus out of pocket for postage etc should be acceptable.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407414 · Replies: 22 · Views: 816

DancingDad
Posted on: Sun, 12 Aug 2018 - 14:54


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Hate to be a sourpuss but sign is not turned, it is facing direction of traffic for the single line.
As it should be.
At far end but close enough that (IMO) an adjudicator would not damn it.
That you came at it from the other direction is a possible excuse for stopping but not for parking as the normal expectation is that motorists check restrictions when they park.

Can we see the rest of the PCN please, there have been some wording issues with TFL ones.


QUOTE (londonminicabbie @ Sun, 12 Aug 2018 - 15:35) *
No dancingdad i wasn't working at the time. I parked and went to pick up take away and ate it in the car.


Ah well, CCTV would/should have caught alighting anyway but was hoping.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407394 · Replies: 10 · Views: 199

DancingDad
Posted on: Sun, 12 Aug 2018 - 14:27


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


Sign being turned is valid if you stopped, checked sign and left.
Not so much if you parked and went for a cuppa.

Minicab, Don't suppose you were working, displaying licence and picking up or dropping off passenger ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407388 · Replies: 10 · Views: 199

DancingDad
Posted on: Sun, 12 Aug 2018 - 12:29


Member


Group: Members
Posts: 19,166
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559


QUOTE (daviddaviddavid @ Sun, 12 Aug 2018 - 13:21) *
Thanks DD

I have pm'd you.

One more thing - when MIL gets the NTO will the reduced fee apply if she appeals?

David


You sure on the PM?

Unusual for discount to be re-applied at NTO stage
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407365 · Replies: 23 · Views: 675

765 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Friday, 17th August 2018 - 20:36
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.