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hcandersen
Posted on: Today, 16:28


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OP, just answer the following:

Which council issued the BB?

In which council area were you when the badge was retained?

And by the way.....

6)A badge issued under this section shall remain the property of the issuing authority, shall be issued for such period as may be prescribed, and shall be returned to the issuing authority in such circumstances as may be prescribed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480313 · Replies: 25 · Views: 371

hcandersen
Posted on: Today, 14:04


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+1.

And as for the OP's attempt to misrepresent the view of the sign by taking it from the footway, when of course this view wouldn't have been available to them because they drive on the road, and in a RHD car as well therefore the driver's view of this sign would be from some 20 feet to the right...



Parallax (from Ancient Greek παράλλαξις (parallaxis), meaning 'alternation') is a displacement or difference in the apparent position of an object viewed along two different lines of sight.....

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480261 · Replies: 16 · Views: 240

hcandersen
Posted on: Today, 13:57


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OP, this is not a theoretical exercise regarding what would happen if a motorist drove down Cornwall Place, The Mumbles, turned right and stopped in what appears to be a marked space on the left!

This is about real events please.

So, the driver ***** and parked ****** after having turned ****.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480257 · Replies: 4 · Views: 57

hcandersen
Posted on: Today, 13:46


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Contact TEC and see if the warrant has been reissued.

Sometimes paying is the only and cheapest option and I am not averse to recommending this if nothing else is available.

But at present we and you are boxed into the corner of too much to establish in too little time.

We must control the process before it gets out of hand.

Find out from TEC if the warrant has been reissued and download the forms, TE9 and TE7, from their website.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480253 · Replies: 15 · Views: 162

hcandersen
Posted on: Today, 13:40


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Where were you parked exactly?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480251 · Replies: 5 · Views: 83

hcandersen
Posted on: Today, 12:56


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Who have you contacted, the agents or the council?

You cannot dispute the matter with either, matters have gone too far;
The council won't deal with you, they'll refer you to their agents;
The agents only want your money, they are not bothered about the circumstances which gave rise to the penalty and are not required to accept other than full payment;
You cannot stop the process other than by prescribed procedural means, in this case filing an Out of Time application with a witness statement to the effect that you did not receive the NTO, if true. This is made to the Traffic Enforcement Centre;
Enforcement would be halted pending their decision.
The council may and would object to TEC accepting your OOT application and in the circumstances of which we are aware TEC would refuse your application.

I cannot hold out false hope for you.

Has the warrant been reissued against your correct address?


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480236 · Replies: 15 · Views: 162

hcandersen
Posted on: Today, 11:44


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OP, the letter was dated 5 April and you posted more than 2 weeks after its receipt.

As you haven't contacted the agents, we can presume that action has been taken/is in hand to apply for warrant to be issued against your address at which point the charges added by the agents would make your eyes water.

You must get to grips with this matter which, as others have posted, has nothing to do with the contravention or whether you did or didn't find a PCN. Park your thoughts on this. You are in this situation because you neither updated your V5C details nor made effective arrangements for your post to be forwarded which, given that you are either employed or self-employed, is a tad risky if not implausible.

Anyway, you have sufficient info to contact the Traffic Enforcement Centre to establish the current position:

https://www.gov.uk/appeal-against-a-penalty...ice/out-of-time
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480215 · Replies: 15 · Views: 162

hcandersen
Posted on: Today, 09:24


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http://www.legislation.gov.uk/uksi/2016/362/schedule/4/made

Item 2 in the Part 4 sign table is the standard parking place sign. It neither requires nor permits parking on the footway when used in London.

Item 3 is the mandated traffic sign to be used to indicate that parking may or is required to take place partly on the footway.

Item 3 is NOT required in only one situation: where the parking place sits within a wider area in which parking on the footway is permitted.

Therefore as item 3 is not present it follows that either:

(a) The council have wrongly signed the parking place, or
(b) There is a wider area in which footway parking is permitted.

The OP assumed reasonably that the council have signed the parking place correctly. Therefore (b) applies.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480181 · Replies: 18 · Views: 296

hcandersen
Posted on: Yesterday, 21:18


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The only defence is boxed-in and being unable to move out of contravention.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480111 · Replies: 39 · Views: 511

hcandersen
Posted on: Yesterday, 21:14


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I understand the point about procedural impropriety.

And I cannot understand why this is quoted by some in full, it is unnecessary and IMO counterproductive.

It is a defined term in the regs and spelled out in NTOs, there is no need to state it at length to the adj, they know it.

Yes, write to the authority separately on the matter of why they were so late in serving the NOR.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480108 · Replies: 56 · Views: 1,143

hcandersen
Posted on: Yesterday, 17:07


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Not correct for the reasons set out earlier.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480047 · Replies: 18 · Views: 296

hcandersen
Posted on: Yesterday, 17:05


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Register your appeal.

Grounds: Penalty exceeded .....in the circumstances of the case.

The circumstances here being that no PCN was issued, therefore no penalty may be demanded by the council.

I know that in making this statement I am challenging what I understand to be the CEO's account, however I (and my spouse) know the truth of what transpired and after providing my testimony at the hearing will leave my fate in he hands of the adjudicator to determine who on the balance of probabilities they believe.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480045 · Replies: 10 · Views: 223

hcandersen
Posted on: Yesterday, 16:58


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OP, what I suggest is a parallel strand of action which I hope leads to something because your defence does not amount to much otherwise.

In fact, I am concerned.

The council's photos of your car in contravention - which despite you providing letters from witnesses and daylight pictures of the signs and weather report etc. and which we saw for the first time on 20th Apr. - show NO snow anywhere, none on the road, or the car, or the removal lorry of roofs of buildings. Nothing. Yes you can present your argument to the adjudicator, but think to yourself what effect this might have on your credibility when the adj sees the photos. The contrast between what you claim and the objective reality in the photos is staggering. Yes, the car was removed 4 hours after you parked, but there is no snow and the adj is not going to dismiss the evidence of the photos.

And don't lecture the adj on what is a procedural impropriety, it will p**s them off big time.

But we are where we are.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480042 · Replies: 56 · Views: 1,143

hcandersen
Posted on: Yesterday, 15:26


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No problem now that I know you're aware of the importance of time.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480023 · Replies: 18 · Views: 296

hcandersen
Posted on: Yesterday, 12:37


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Forget this side road, look at the surrounding area!

It is clearly, either de jure or de facto, a footway parking area.

The footway has been strengthened and is of a uniform construction in several, lengthy, adjoining roads.

In addition, there are marked so-called 'Disabled' parking places either wholly or partly on the footway.

OP, given the widespread footway parking, is there anything else about your parking in the day which might have tipped the balance?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479985 · Replies: 5 · Views: 88

hcandersen
Posted on: Yesterday, 10:23


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@cp, not quite correct in the circumstances but given that the OP has taken 2 weeks even to acknowledge your post then I'm not going to propose amendments, except that for completeness the OP should tell the authority that they didn't find a PCN on the vehicle, if true.


OP, pl get on with it. What cp has given is sufficient. They'll say no, but that's par for the course.

NTO dated Thurs 4 Apr, deemed served Mon 8th.

The 28-day period ends 5 May.




(There are marked parking places therefore the 667.1 sign, which applies to areas, not parking places, is not required but may be used. Absent this sign, then what is required is item 3 in the Part 4 sign table, http://www.legislation.gov.uk/uksi/2016/362/schedule/4/made

But it's not present. So we're back to what a motorist may presume. Their eyes tell them that parking on the footway within the parking place is required, you cannot park outside the markings. Their eyes also tell them that the parking place sign does not convey this requirement because it does not include a picture of a car on the footway, therefore it is reasonable, IMO absolutely logical, that a motorist may presume that what they can see is correct and that they are sitting in an area where parking on the footway is permitted.)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479949 · Replies: 18 · Views: 296

hcandersen
Posted on: Yesterday, 09:58


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The authority should be asked why their NOR is so late, it only takes an email.

This is not the appeal, it's an obvious response to such a late NOR.

It might also give rise to additional grounds for appeal.

This argument cannot be raised at adj on its own because it is the authority's response, or lack of, which is the issue, not the lateness per se.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479942 · Replies: 56 · Views: 1,143

hcandersen
Posted on: Yesterday, 09:52


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no meter at the gate and sign said free car park.

Brierdene car park


https://my.northtyneside.gov.uk/sites/defau...b%20Changes.pdf

11 No. Designated Coach Only Bays. Coaches and wide/long vehicles can park in standard bays provided that they pay for each bay that they occupy.

Clear as mud!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479940 · Replies: 9 · Views: 128

hcandersen
Posted on: Yesterday, 07:19


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There's a faint chance they might extend the deadline but that's unusual. (the last part is a bit of editorial!!)


But IMO guaranteed in this case.!

Come on..the OP is doing what they're told by the competent authority (not us, although we are probably more competent than most)

I know it's difficult to imagine, but think of a world without Pepipoo, and then what would the OP do? No-one to say aha, the forms are wrong.

They would act as required.

Why bring Ealing back into the game in this way?

Anyway OP, your choice.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479918 · Replies: 37 · Views: 517

hcandersen
Posted on: Yesterday, 06:49


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OP, can we please relate this from the perspective of the people who count, not you. (No disrespect, but you're clouding the issue)

So, from the BB holder's side:

On ****, *****(you) took me to ****(wherever you were). We parked where a BB was required to be displayed.

I displayed my BB before leaving the car and ***(what they then did).

On my return to the car after *** (time), ****(you) told me that my BB had been confiscated by ***** (whoever did this).

Why have you taken my BB?


OP, this is what counts. The ball is firmly in the ****'s court, so can we pl reassess your approach.

You need to do nothing and IMO it would be better if you did not contact the *** because you'll only get your story confusing the real issues. Apart from anything else, the *** have a duty to write to the BB holder - they might have done/be doing so for all we know because these events could have happened months ago ...you've not given any dates!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479915 · Replies: 25 · Views: 371

hcandersen
Posted on: Mon, 22 Apr 2019 - 10:18


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It's not a 'query', the OP is submitting the forms provided in order to make a witness statement.

Statutory process.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479783 · Replies: 37 · Views: 517

hcandersen
Posted on: Mon, 22 Apr 2019 - 10:15


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So, reps received 27 Feb. which is day 1.
So, 2 days remain in Feb.
31 in March, and
23 in April - posted 17th, the second working day after which was 23rd.

Total - 56.

Right on the limit.

OP, write to the authority and refer them to the Secretary of State's Statutory Guidance states:

The Secretary of State considers that all decision notices should be served within 21 days.


Ask them to explain why their NOR was served over one month later than the 21 days referred to in the guidance. Tell them yo need this information to inform your appeal to the adjudicator.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479782 · Replies: 56 · Views: 1,143

hcandersen
Posted on: Mon, 22 Apr 2019 - 09:07


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Your mother will have to formally declare that you are her representative, but do note that responsibility for payment/appeal remains hers

If it goes to adjudication, which it shouldn't as the issues are clear-cut. But as regards the NTO and reps, you just draft them for her, easy peasy.

I say issues because this is not just about the alleged contravention, it is also about the deliberate attempt by the CEO to present biased evidence- not a single photo at right-angles - and the authority's failure to consider your challenge.

It makes not a jot of difference who submitted the initial challenge. A PCN served by hand is not a demand for payment but merely notice that unless the penalty is paid a NTO demanding the penalty would be sent to the owner. The business end of this starts with the NTO.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479767 · Replies: 5 · Views: 134

hcandersen
Posted on: Mon, 22 Apr 2019 - 08:42


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Thanks for any advice.



As posted, we need to know exactly where you are in the process.

This means docs and info.

Immediately we need the last document you received, and leave in all dates.

As regards info:
Are you the registered keeper; are your details up to date with DVLA as registered keeper and were they on the day of the contravention?

We do not need to know details about the contravention ..yet.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479763 · Replies: 5 · Views: 135

hcandersen
Posted on: Sun, 21 Apr 2019 - 21:19


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The recipient acts upon the instructions in the form.

We make the mistake of superimposing our knowledge of what should happen on to what actually has.

They have forms and they should act on them, not second-guess them.

It matters not what Ealing do. If TEC respond with 'wrong forms, try these' then the OP does this and copies in Ealing.

If just 'wrong forms', then OP gets back to Ealing....excuse me, you've sent the wrong forms.

If TEC do nothing - hardly likely - then OP gets on to them...what have you done etc?

The OP has the moral and legal high ground providing they do not embark upon a unilateral course of action.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479735 · Replies: 37 · Views: 517

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