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PASTMYBEST
Posted on: Today, 12:56


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QUOTE (Slapdash @ Mon, 20 Aug 2018 - 13:42) *
Limits are generally set with reference to the vehicles permitted weight.


The contravention is exceeding the GVW shown on the sign so it you can show you did not then a very good chance. The default position would be the vehicle max weight limit. Had this a long time ago. Stopped by police for passing a sign. I could prove with the unladen weight and the load manifest that the GVW had not been exceeded so of I went

Also 52M would be the wrong contravention for a weight limit infraction
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409567 · Replies: 4 · Views: 0

PASTMYBEST
Posted on: Today, 12:43


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Based on our knowledge of SCC a c**k up by them that will win for you is quite likely so post the PCN all sides, the council photos, your challenge and their rejection
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409563 · Replies: 3 · Views: 70

PASTMYBEST
Posted on: Today, 12:38


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QUOTE (southpaw82 @ Mon, 20 Aug 2018 - 12:13) *
QUOTE (PASTMYBEST @ Mon, 20 Aug 2018 - 11:23) *
fair enough, but then if what is effectively a judicial decision made without the need to give reasons for its making, how is justice seen to be done ?

That’s why there’s a procedure for review - which can be on the papers or in person.


So do it wrong first time (automatic rejection of opposed OOT) then charge a not likely to be recovered fee to get a judge to put it right. Automatic acceptance and let the council apply via n244 seems like a fairer option. Unless god forbid they were to actually find in each case on its merits.

Or should that only be expected if you pay for it
  Forum: The Flame Pit · Post Preview: #1409560 · Replies: 36 · Views: 404

PASTMYBEST
Posted on: Today, 12:32


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What have you recieved? If the car club have paid the PCN's and are now charging you, the council are out of the loop. If the car club had liability transferred to you then they are out of it and your recourse will be with the council

But we need to see documents
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409559 · Replies: 2 · Views: 17

PASTMYBEST
Posted on: Today, 12:26


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Post the PCN all council pics and video and a GSV link to the location
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409556 · Replies: 4 · Views: 0

PASTMYBEST
Posted on: Today, 10:23


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QUOTE (southpaw82 @ Mon, 20 Aug 2018 - 09:46) *
QUOTE (PASTMYBEST @ Mon, 20 Aug 2018 - 00:13) *
QUOTE (southpaw82 @ Sun, 19 Aug 2018 - 21:28) *
QUOTE (Wretched Rectum @ Sun, 19 Aug 2018 - 22:07) *
QUOTE (southpaw82 @ Sun, 19 Aug 2018 - 20:46) *
Isn’t it the same for penalty charges? Accepted automatically if made in time, subject to judicial discretion if not?


TEC's default position is to refuse any out of time application that a council objects to and to accept any they do not object to. Sadly there is no judicial discretion applied until form N244 and a hefty fee is paid.

Discretion is applied in theory. Practice may be somewhat different.


is and if so should a court officer be afforded the same independence as a judge?

Yes. Once the decisive starts to step into the realms of judicial discretion (regardless of who is exercising it) a constitutional rule is breached.


fair enough, but then if what is effectively a judicial decision made without the need to give reasons for its making, how is justice seen to be done ?
  Forum: The Flame Pit · Post Preview: #1409523 · Replies: 36 · Views: 404

PASTMYBEST
Posted on: Yesterday, 23:13


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QUOTE (southpaw82 @ Sun, 19 Aug 2018 - 21:28) *
QUOTE (Wretched Rectum @ Sun, 19 Aug 2018 - 22:07) *
QUOTE (southpaw82 @ Sun, 19 Aug 2018 - 20:46) *
Isn’t it the same for penalty charges? Accepted automatically if made in time, subject to judicial discretion if not?


TEC's default position is to refuse any out of time application that a council objects to and to accept any they do not object to. Sadly there is no judicial discretion applied until form N244 and a hefty fee is paid.

Discretion is applied in theory. Practice may be somewhat different.


is and if so should a court officer be afforded the same independence as a judge?
  Forum: The Flame Pit · Post Preview: #1409437 · Replies: 36 · Views: 404

PASTMYBEST
Posted on: Yesterday, 23:08


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QUOTE (cp8759 @ Sun, 19 Aug 2018 - 21:36) *
QUOTE (DastardlyDick @ Sun, 19 Aug 2018 - 17:17) *
As you will (or certainly should) know, Police FPNs give you two options pay or request a Court hearing, and are payable by the Driver, not the RK, which is why they have to be affixed to the vehicle or handed to the driver.

Except if the hire company just pay, there's no way to ask for a court hearing. They can be issued by post, happens all the time.

QUOTE (PASTMYBEST @ Sun, 19 Aug 2018 - 17:27) *
Can the T&C's be said to deprive the OP of article 6 rights is a point that would need testing at a high level. The requirement to mitigate loss is one that has already been tested.

If it were me I would stop the CC they have details for and let them fight for any more than the discount amount.+ the contractual admin charge

I would argue that Hertz could have reduced its losses to zero, by transferring liability. That they failed to do so is purely down to them. I would also say it's an implied terms of the contract that, in exchange for the £42 fee, Hertz agrees to handle such administrative matters with due skill and diligence. If they'd handled the matter in a timely and professional manner then fair enough, they could legitimately claim the £42 for services rendered, but here they haven't rendered any service, or at least not to an acceptable standard.


That seems reasonable, I would still seek to be the defendant rather than claimant though
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409436 · Replies: 26 · Views: 315

PASTMYBEST
Posted on: Yesterday, 22:55


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QUOTE (hcandersen @ Sun, 19 Aug 2018 - 23:00) *
Have no fear, I’ve got 25+ years’ experience dealing with the monster (in senior positions) and I’ve got time on my hands.

I’ve started the ball rolling with Worthing just to get them to confirm their policy.

Then, depending on their response, and with this letter in support, I intend to go for their, WSCC’s and any other so-called agent’s jugular.

See the posted policy. Parking Associates are a firm of consultants (with whom I’ve had some dealings, but that was in another life) and everyone seems to have bought their cut and paste ‘policy’, grammatical faults ‘n all.

Stand back, this could get messy.

But this is off-piste, we still have to deal with your PCNs.


from what I see the issue of the PCN's is the easy bit, but please don't keep the fun bit off forum. I know enough to stand back and watch HCA in this instance
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409434 · Replies: 30 · Views: 273

PASTMYBEST
Posted on: Yesterday, 19:54


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QUOTE (Tanzanyte @ Sun, 19 Aug 2018 - 17:02) *
I waited before contesting just to check on my computer rather than a phone to see if it differed I.e there were pictures there. Still nothing. It’s so odd as it doesn’t even say what I’ve done, time of incident etc. Just gives me the option to pay the £35 or write in a box why I’m contesting it, along with boxes for my personal details. I’ve written what DancingDad advised so will let you know the outcome. I have a feeling they will decline it given they did that Fossoux’s appeal to begin with and the threatening stance they took when they finally cancelled, scaring you into believeing it won’t work next time.
They are on to a huge racket as most of my disabled friends would pay up and wouldn’t think to look online for places such as this where you have the knowledge to help.
Anyways thank you so much for all of your input so far. I would be totally lost on this otherwise.


your right in that it is a scam and IMO someone should lose their job over it.Tell all your friends about us. councils acting as though they are above the law riles us all
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409394 · Replies: 30 · Views: 273

PASTMYBEST
Posted on: Yesterday, 19:50


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QUOTE (Tanzanyte @ Sun, 19 Aug 2018 - 17:29) *
Thanks for the advice and follow up of what to write. I dont normally park that close to a standard junction. Had the weather not been hellish I’d have risked being late. It was the fall risk I was concerned about and that is the only place close to the entrance without being in a permit only bay, which although not during restricted hours, were all full. It’s sods law as had the weather not been hellish, the parking attendant would have long moved on as they are only there for the hour restriction and then they move on to the next restricted time zone.
I think it’s a lesson learned for next time that I ought to phone the hospital and explain that it’s not safe for me to attend my appointment. When you’ve waited a year for a 3 month follow up cancelling doesn’t seem like an option, especially when it usually means you are discharged back to your GP to start the process all over again. But then the stress of this PCN really isn’t worth it.


Really do not stress over this, the council are acting outside the law and I am as sure as I can be that this will be cancelled. you will receive all the help you need in drafting challenges at all stages
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409393 · Replies: 11 · Views: 150

PASTMYBEST
Posted on: Yesterday, 16:38


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To me the issue is the standing practice of TEC to refuse any OOT application if the council object. There should be two sets of instructions given by government.

First to local authorities, that they MUST not object if the PCN was served within whatever is deemed to be a fair crossover period. And second to the court officers at TEC that the default position should be acceptance, unless a council provide a clear objection, not the standard we did everything we should.
  Forum: The Flame Pit · Post Preview: #1409358 · Replies: 36 · Views: 404

PASTMYBEST
Posted on: Yesterday, 16:27


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QUOTE (cp8759 @ Sun, 19 Aug 2018 - 13:54) *
QUOTE (hcandersen @ Sun, 19 Aug 2018 - 11:56) *
@cp, they cannot then recover the penalty from the hirer. The right of access to the tribunal is a fundamental human right that is enshrined in....

They can, it’s in their Ts and Cs.

That's where we will have to agree to disagree. What if a non-endorsable fixed penalty from the police turns up, can Hertz just pay that too and deprive the hirer of his right to a trial, just cos it's written in the contract? I don't think so. To the extent that the contract has the effect of depriving the motorist of his right to access the tribunal, IMO that element of the contract is null and void.

But even if you don't accept that, I think we are all agreed that Hertz was under an obligation to mitigate its losses: if they had transferred liability to the OP, Hertz's losses would have been zero. Therefore by paying the penalty (at any level), Hertz suffered a self-inflicted loss and the OP cannot be held liable for that.


Can the T&C's be said to deprive the OP of article 6 rights is a point that would need testing at a high level. The requirement to mitigate loss is one that has already been tested.

If it were me I would stop the CC they have details for and let them fight for any more than the discount amount.+ the contractual admin charge
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409356 · Replies: 26 · Views: 315

PASTMYBEST
Posted on: Yesterday, 15:01


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QUOTE (DancingDad @ Sun, 19 Aug 2018 - 12:28) *
Ah, not noticed that West Sussex are the relevant authority in both.
Could be interesting :0



posted part of a draft done a while back on the Worthing thread. This document might give an understanding of what they are doing. albeit ultra vires

https://www.adur-worthing.gov.uk/media/media,107175,en.pdf

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409338 · Replies: 30 · Views: 273

PASTMYBEST
Posted on: Yesterday, 14:38


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The council are going to say they have amended their PCN. They have but it is still wrong. The period for payment is date of notice, 2 working days before date of service. Not as strong as Essexgb but still worth arguing IMO
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409335 · Replies: 2 · Views: 47

PASTMYBEST
Posted on: Yesterday, 14:04


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Seen these a bit last year. They will come back saying you were parked within 10 metres of the junction. They cannot enforce this and will cancel at formal stage


This is the basis of formal reps for another poster. the PCn was cancelled


The legal authority for decriminalized parking enforcement derives from the traffic management act of 2004. Schedule 7 (4)(2)(b) gives one of the contraventions as being “ an offence under section 5, 11, 16(1) or 16C of the Road Traffic Regulation Act 1984 (c. 27) (contravention of certain traffic orders) of contravening a prohibition or restriction on waiting, or loading or unloading, of vehicles”
The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 at regulation 8 creates an exemption for blue badge holders when correctly displaying the blue badge and time clock. There are no qualifications to this exemption and it MUST be included in all traffic management orders

Contrary to the reason stated in response to my informal challenge parking within 10 meters of a junction is not a matter for civil enforcement under the Decriminalized enforcement regime. As is clear from CEO photographs and the response to informal challenge, my blue badge and time clock were correctly set and clearly displayed. I am fully entitled to the exemption afforded by the exemption for disabled persons regs As such the issuance and attempted enforcement of this PCN is Ultra vires. Cancellation of the PCN is the only legal option



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409328 · Replies: 11 · Views: 150

PASTMYBEST
Posted on: Sat, 18 Aug 2018 - 12:11


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QUOTE (apsk @ Sat, 18 Aug 2018 - 12:59) *
QUOTE (cp8759 @ Fri, 17 Aug 2018 - 21:45) *
QUOTE (apsk @ Fri, 17 Aug 2018 - 08:44) *
QUOTE (cp8759 @ Thu, 16 Aug 2018 - 19:25) *
Contact the council and ask them if they've sent one, normally the charge can only increase to £195 if they send an enforcement notice and you ignore it.


Ok. Will write back to them but their website still showing a challenge has been recorded and due a decision by 18th August 2018. not sure why would they send an enforcement notice if challenge decision si still pending.

I would just phone and ask. If it's been lost in the post, the next thing you'll know is you'll get a charge certificate for £195.


But there is no phone number to call Lambeth Council, please let me know if there is one? I tried finding it online everywhere


No you haven't

https://www.lambeth.gov.uk/parking-transpor...d-streets-teams

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1409087 · Replies: 20 · Views: 393

PASTMYBEST
Posted on: Fri, 17 Aug 2018 - 18:18


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QUOTE (besh @ Fri, 17 Aug 2018 - 17:26) *
I just need some ETA cases to support my appeal relating to 2nd class postage or serving notices out-of-time. What is the best way to search and find such cases?


the 2003 regulations do not specify first or second class post, so you fall back on part 7 of the interpretation act of 1978 and on 6.3(1)(b) of the civil procedures rules

https://www.legislation.gov.uk/ukpga/1978/30/section/7

https://www.justice.gov.uk/courts/procedure...les/part06#6.14


I have no cases on file but am aware of a case winning on this point in the last few months sometime end of June IIRC it was at Christchurch ave Harrow have a search of the register



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408939 · Replies: 41 · Views: 1,616

PASTMYBEST
Posted on: Thu, 16 Aug 2018 - 23:23


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QUOTE (peterguk @ Thu, 16 Aug 2018 - 22:48) *
Either update your V5C to your current address, or put in place reliable mail forwarding.


That's helpful peter.

You need forms PE2 and PE3 here


https://www.gov.uk/government/collections/t...nt-centre-forms

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408716 · Replies: 11 · Views: 371

PASTMYBEST
Posted on: Thu, 16 Aug 2018 - 13:23


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QUOTE (hcandersen @ Thu, 16 Aug 2018 - 13:09) *
OP, sorry but it’s nonsense!

A traffic order is not involved, this is a statutory prohibition (s86 TMA refers).

Your grounds are that:

The contravention did not occur.

1. I refer to your letter dated 22 June which states that the ‘Penalty is enforced under s(14)(4) of the London Local Authorities and Transport for London Act 2003. I also refer you to s3 of Part 1 of Schedule 7 to the Traffic Management Act which sets out the only offences which give rise to a parking contravention under that Act.

2. The LLA 2003 is not listed and therefore no offence under that Act (even presuming one was committed) would permit the authority to demand a penalty under the TMA. Consequently the PCN is invalid and must be cancelled.

3. If the authority do not cancel then they must state legal grounds for their decision(merely disagreeing being insufficient).

4. I would also draw your attention to the location of my car relative to the crossover and vehicular entrance to the property. It is clear that the width of the dropped footway considerably exceeds the width of the entrance and therefore the whole of the width of the dropped footway is not needed for the purpose of allowng access across the footway. If only that part of the footway which is necessary to permit a vehicle to enter the premises is considered then my vehicle was not parked in contravention or at most the incursion was trivial. The PCN must therefore be cancelled.

Procedural Impropriety
I refer you to the date of the PCN, 21 June, and the date of your written response, 22 June. Despite your assertion that you have ‘fully considered’ my challenge, this could not be the case as I would estimate that no more than a few minutes or at most a couple of hours could have been spent on this matter ....


Just some ideas.
I have not looked back over the detail of the widths and we haven’t seen your challenge or know how it was sent - this goes to the PI. But it’s something to knock around.


I.ve just read back through the thread, I was going to post something but am on holiday so no chance til later. As it happens HCa has come in with his usual good advice so go along the line he suggests
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1408511 · Replies: 36 · Views: 1,163

PASTMYBEST
Posted on: Mon, 13 Aug 2018 - 16:45


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Perhaps this adjudication has or can help

davidmarq.com/uploaderv6_1/files/7/Adjudicator%20Decision%201885249.pdf


don't know why I cannot seem to create links ATM but you can copy and paste into google
  Forum: The Flame Pit · Post Preview: #1407675 · Replies: 8 · Views: 577

PASTMYBEST
Posted on: Mon, 13 Aug 2018 - 09:43


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QUOTE (anne0411 @ Mon, 13 Aug 2018 - 10:25) *
Links now uploaded into first post.

I've got all the texts and phone call log - hopefully that'll assist. But it's more the fact I've been given a ticket for 'not displaying a ticket' which I wouldn't as I paid via the app.


If the evidence shows failed attempts to pay you will have a fair shot
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407516 · Replies: 5 · Views: 129

PASTMYBEST
Posted on: Mon, 13 Aug 2018 - 09:41


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You leave us little time to help. If you get nothing back from others, ( I am unable to do much ATM) then send reps as per your challenge.


could not access machine no visible instructions to PBP or use another machine A good appeal to the adjudicator can be made but we need some time
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407514 · Replies: 24 · Views: 651

PASTMYBEST
Posted on: Mon, 13 Aug 2018 - 09:36


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QUOTE (Mad Mick V @ Mon, 13 Aug 2018 - 08:46) *
OP----get in touch with the Council and determine how many PCNs have been issued and their numbers.
The subsequent PCNs will fall under the continuous contravention protocol but the thrust of any appeal is that the scooter was moved by persons unknown without your consent therefore you are not liable. Whether a TWOC case can be established for a parking contravention is questionable.
This may have to go down to how you present your case to the adjudicator and whether he believes you.
Mick


The onus will fall to you to prove your assertion. This will likely be down to your credibility at adjudication

2160238900


The Appellant said that his scooter was pushed by somebody from the end of the pay and display bay into the electric car bay. He said that this has happened on several occasions since an accident prevented him from using his scooter and he had to ask friends to put the scooter back.
I accept the Appellant's account.
The Authority suggested that the Appellant should have parked the scooter elsewhere to prevent recurrence. leaving aside the propriety of this suggestion, it is not the point. The definition of the contravention does not include an obligation to prevent one's vehicle from being moved. The Appellant is obliged to park his vehicle lawfully. If he has done so and somebody moves the vehicle without his consent, the contravention has not occurred.
The appeal is allowed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407513 · Replies: 19 · Views: 344

PASTMYBEST
Posted on: Sun, 12 Aug 2018 - 12:18


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QUOTE (DancingDad @ Sun, 12 Aug 2018 - 10:04) *
QUOTE (cp8759 @ Sun, 12 Aug 2018 - 03:15) *
To be honest I wouldn't bother with a personal hearing for this one, I doubt the council will even contest once they realise how much they've messed up.



Gotta admit I am thinking on the same, this one has DNC (Did not Contest) written all over it.
But plan for the worst and be pleasantly surprised if it doesn't happen.
Without the PIs I would expect the council to contest as the other points relate to signage of their event day system but even on those, they are stuffed.



Councils very rarely attend a personal hearing but do participate in a far higher number of telephone hearings, so IMO on the papers or personal
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1407360 · Replies: 80 · Views: 1,661

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