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DancingDad
Posted on: Yesterday, 13:51


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QUOTE (a1cars @ Mon, 21 Jan 2019 - 13:22) *
……... It's was from the Bus Stop to the end of the Bus Lane. What's they leeway on bus lanes.

Pardon ???
The second photo on the PCN shows a car, presumably yours, totally within the bus lane well in advance of the bus stop.
That would seem to exceed any notional leeway (often taken as three car lengths) or de minimus plea (too trivial to bother with)
You need to see the video to get a handle on the distance and realistic chances of winning.
Based on what you have provided so far, well in excess of 10m and of any leeway that may be given.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453703 · Replies: 5 · Views: 103

DancingDad
Posted on: Yesterday, 12:27


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QUOTE (garbo @ Mon, 21 Jan 2019 - 12:23) *
If i did try to pursue this, are they likely to contact my insurance company?



Why the concern?
As it is not a claim against your insurance (unless you make it one) there is no impact on your no claims
The accident will have a knock on effect on your insurance even though not your fault on the face of it.
And you should be informing (must if asked or part of the T&Cs) your insurance anyway.
  Forum: The Flame Pit · Post Preview: #1453663 · Replies: 22 · Views: 403

DancingDad
Posted on: Yesterday, 11:52


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QUOTE (The Rookie @ Mon, 21 Jan 2019 - 10:55) *
QUOTE (cp8759 @ Sun, 20 Jan 2019 - 21:38) *
QUOTE (The Rookie @ Sun, 20 Jan 2019 - 20:16) *
I can see there could be planning implications, that doesn’t make it illegal of course!

Maybe if you were doing it as a proper business. If the activity is incidental to the property's use as a domestic dwelling, and the property's dominant purpose remains use as a domestic dwelling, there would be no planning implications at all.

Indeed, which is why i put 'could' in most cases I don't think it would butfor multiple spaces it looks like you do.

https://www.theguardian.com/society/2013/au...-parks-tax-free


For multiple spaces you are creating a car park and I would be very surprised should planning permission not be needed for that.

  Forum: The Flame Pit · Post Preview: #1453649 · Replies: 14 · Views: 356

DancingDad
Posted on: Yesterday, 11:50


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QUOTE (notmeatloaf @ Mon, 21 Jan 2019 - 10:42) *
Where did the mud come from?

S161 of the Highways Act 1980 puts the onus of cleaning mud on the person who caused it. If it is from a farm entrance or similar - which would seem very likely if it was still there over a number of weeks - you should take civil action against the person who deposited the mud.

Because it isn't a defect in the highway I would say you have a weak case against the council unless you can say they acted negligently by not informing the person who had deposited the mud. However seeing as the city to clean the mud isnt theirs and it would be obvious to whoever caused the mud that it was on the road I would say it is a tenuous case.


S161 makes the person who left the mud liable for a criminal offence.
S41 creates the duty for the authority to maintain highways and this includes clearing hazards when notified.
Council failed their duty, IMO a good claim against them.
Whether an alternative against the mud depositor could also be an option depends on identifying them and showing negligence.
And may be a knock on claim from council to them.
  Forum: The Flame Pit · Post Preview: #1453647 · Replies: 22 · Views: 403

DancingDad
Posted on: Yesterday, 10:21


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Code 70 is off street parking, ie a car park or similar
Which this seems to be, a loading area.
And clearly signed at the entrance if streetview is accurate
https://www.google.co.uk/maps/@52.5161448,-...3312!8i6656

We really need to see the PCN challenge and rejection, this looks like technical issues will be needed, IMO the wonky sign will not.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453625 · Replies: 7 · Views: 98

DancingDad
Posted on: Yesterday, 09:05


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QUOTE (Neil B @ Mon, 21 Jan 2019 - 08:29) *
QUOTE (DancingDad @ Mon, 21 Jan 2019 - 08:25) *
You can phone them and ask re the address used but IMO unlikely to be anything different to the one used on the CC.
They get RK details from DVLA and usually do not deviate from those.

Re the one for another car.
I would also be writing to them stating very clearly that this car has never been registered to the company and is bu55er all to do with you.

Just my view but I wouldn't do any of this:
Likely to delay the reset process.


Or possibly would show that PCN went to wrong address and possibly avoid the reset process for the unknown car.
6 of one, half a dozen of the other.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453606 · Replies: 17 · Views: 209

DancingDad
Posted on: Yesterday, 08:59


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QUOTE (cp8759 @ Sun, 20 Jan 2019 - 21:26) *
QUOTE (DancingDad @ Sun, 20 Jan 2019 - 11:27) *
TBH, don't even have to go back and measure distance to the sign.

I would, adjudicators seem to attach some weight to this and we've had at least one case where, when there was a dispute over the distance of the sign, the tribunal ruled in our favour specifically because the motorist had revisited the location and measured the distance.



No argument that revisting and getting details clear will do no harm.
But the point I am making is that this is not about distance.

It is whether or not there is adequate signage within the parking bay where the vehicle was.

Between the CEO photos and OP's piccies, it is clear there is no sign in the bay.
And that the sign pictured and relied on by the CEO is in a separate bay which is separated by what looks like a disabled bay and empty space across the driveway.
In that respect it matters not if the sign is 10m, 30m or in Liverpool, it has no effect.
IMO nothing should be said on distance except as an aside to the main argument.
ie, the sign relied on is in a totally separate bay some distance away etc....
It is not a major part of the argument and should not be front and centre else it risks coming down to what is a reasonable distance.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453605 · Replies: 14 · Views: 189

DancingDad
Posted on: Yesterday, 08:25


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You can phone them and ask re the address used but IMO unlikely to be anything different to the one used on the CC.
They get RK details from DVLA and usually do not deviate from those.

Re the one for another car.
I would also be writing to them stating very clearly that this car has never been registered to the company and is bu55er all to do with you.
Still use the OfR that should come and follow the advice already given but writing now puts it on record.
I assume on what you have said that the company is yours.
Don't forget to sign anything "On behalf off..." or XXXX, Director, Company
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453597 · Replies: 17 · Views: 209

DancingDad
Posted on: Yesterday, 08:18


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Good result, well done.
As was said earlier, don't ask, don't get.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453595 · Replies: 22 · Views: 411

DancingDad
Posted on: Yesterday, 07:52


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It may be that the council have taken on board that this is unjust and cancelled.
Pigs may fly as well. smile.gif
Keep trying.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453591 · Replies: 51 · Views: 1,458

DancingDad
Posted on: Yesterday, 07:46


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Another one here who would not apologise even if I knew it was 100% my fault.
Exchange details, polite and calm, take action such as phoning 999 if needed but apart from that, follow dictats from insurance and do or admit nuffink that could show liability.

Mind you, driving in full sight of the press without a seatbelt is not clever.
And a bunch of flowers and a get well card would have been better PR then blanking the other side.

As for all the press furore on 'er with the broken wrist considering compensation....duh?
In this day and age it is a non story, part of countless accident claims.

  Forum: News / Press Articles · Post Preview: #1453590 · Replies: 16 · Views: 252

DancingDad
Posted on: Yesterday, 07:29


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General comment on compensation for road conditions is that if council were unaware and reasonably could not be expected to be aware of a particular problem, they can escape compensation claims.
But if they were aware and did nothing then negligence comes into it and the claim is more likely to succeed.


While it can be claimed that you were aware and therefore should have taken steps to avoid, there is nothing to say that you had not or were not riding to the conditions that you were aware of but still got caught out.
The road condition and lack of action by the council is IMO prime here.
  Forum: The Flame Pit · Post Preview: #1453589 · Replies: 22 · Views: 403

DancingDad
Posted on: Sun, 20 Jan 2019 - 16:24


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Let me add my congrats on this.

Nowhere you need to add but there is a forum dedicated to wins, you can add in there if you want.

One thing confuses me
QUOTE
I also note that although the Zone restrictions at the end of her road came into force in January 2018, this Penalty Charge Notice was issued in October 2018.

Which presumably means that you had passed the sign and camera many times before and quite possibly since?
And they didn't issue a PCN those times?
Which seems to make it clearer that you do qualify for any exemption and thus council were acting wholly unreasonably in resisting any challenges.

In turn that makes me think on costs and/or a major complaint to the council
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453466 · Replies: 76 · Views: 2,797

DancingDad
Posted on: Sun, 20 Jan 2019 - 14:27


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QUOTE (Ocelot @ Sun, 20 Jan 2019 - 13:43) *
.........I would disagree on Windows 95. I thought it worked fine, and that 98 was no better.

Win 95 was when Plug and Pray came in.
And many problems with it.
While you could spend many hours sorting out resource conflicts with 3.x and 95 was supposed to sort that, it often brought new conflicts.
Prone to hanging with older 16bit programs as well.
Win 98 did clean up that act.
  Forum: The Flame Pit · Post Preview: #1453453 · Replies: 33 · Views: 498

DancingDad
Posted on: Sun, 20 Jan 2019 - 12:27


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QUOTE (Broadsman @ Sun, 20 Jan 2019 - 12:06) *
……….
Win 95 not good
Win 98 fixed it
Win ME messed it up
Win XP fixed it
Vista messed it up
7 fixed it
8 messed it up
10 fixed it.

As I said, you think I'm buying the next version? biggrin.gif


Yup
Go back further, DOS worked, Win 1 (and 2) awful, win 3 worked...at least from 3.1
It does seem as though every second major revision fails.
  Forum: The Flame Pit · Post Preview: #1453436 · Replies: 33 · Views: 498

DancingDad
Posted on: Sun, 20 Jan 2019 - 12:01


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Tis true enough.
My local PC place outs second hand laptops (with clean OS installed) starting from about £80, 3 months guarantee IIRC.
State of the Ark but....
They are also showing Intel Core i3 versions with Win 10, 15.6" screens from likes of Dell and HP from £145 at moment
And ultra slim, i5 laptops with win7/win10, SSD and HD drives installed starting from £175.

I'm sure there are many places in Glasgow that does similar.
Google search seems to support there are a few but would need shopping about to find a decent deal.

As has also been said, cheap tablet PCs are available and if GB only wants something to surf and watch movies when the works laptop may kick up a fuss, work well.
I got a Linx tablet running Win10... hate to use it as a business machine but as a browser works well.
Brand new they don't break the bank.... https://www.amazon.co.uk/dp/B07HY8X46F/ref=...1_t1_B00O636WPY
  Forum: The Flame Pit · Post Preview: #1453425 · Replies: 33 · Views: 498

DancingDad
Posted on: Sun, 20 Jan 2019 - 11:32


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Make it easy for us please.
Find where on streetview, position the "camera" to the view you want us to see, copy the address in the header bar, paste it here.
Then we have a clickable link we can go straight to.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453422 · Replies: 7 · Views: 120

DancingDad
Posted on: Sun, 20 Jan 2019 - 11:27


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Personally I would fight on.
Not too much effort to write a couple of letters, not miss deadlines and hold your nerve.
TBH, don't even have to go back and measure distance to the sign.
Scottish LATOR 1999 applies Regulation 17.
http://www.legislation.gov.uk/uksi/1999/61...ulation/17/made
QUOTE
(f)where the order relates to any road, forthwith take such steps as are necessary to secure–
(i)the erection on or near the road of such traffic signs in such positions as the authority may consider requisite for the purpose of securing that adequate information as to the effect of the order is given to persons using the road;
(ii)the maintenance of such signs for so long as the order remains in force; and
(iii)in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the authority may consider requisite for the purpose of avoiding confusion to users of the road or the continuance of traffic signs in incorrect positions;

Plus, even though not directly binding in Scottish law, the precepts of Herron v Sunderland apply, signage must be clear.
Mr M won another in Barnett last week on this.

The basic for you is that there was no signage in the bay where you parked.
The signage that the CEO relies upon is in a totally separate bay. Separated by a disabled (??) bay, a gap and distance.
Such a sign has no relevance to the bay you were parked within, it may as well be in Liverpool for all the effect it has.
While it is acknowledged that motorists have a duty to check signs when they park this does not extend to hunting high and low for any sign that may apply and playing guessing games with the penalty being a PCN for guessing wrong.
Council have failed in their duty to place signs as needed to adequately convey the restriction.
I can see Glasgow arguing that signs were clear but cannot see an adjudicator agreeing.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453420 · Replies: 14 · Views: 189

DancingDad
Posted on: Sun, 20 Jan 2019 - 10:52


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They have obviously had loads of complaints so have a full template covering what seems like commonly used challenge points.
The critical one regarding the contravention is the duty of the motorist to check signs when they park.
Which leaves the 0845 issue.
You need to decide whether to go forward with this.
Did you raise it within your informal challenge?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453410 · Replies: 11 · Views: 301

DancingDad
Posted on: Sun, 20 Jan 2019 - 10:42


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QUOTE (Korting @ Sun, 20 Jan 2019 - 10:36) *
They took enforcement action against a local school for planning contravention, the school took it to the planning inspectorate and won now, the local authority are taking the planning inspectorate to the High Court.


So an in house argument between sections of the same local authority spills over into litigation.
At the cost of the local council tax payers. huh.gif
  Forum: The Flame Pit · Post Preview: #1453406 · Replies: 14 · Views: 356

DancingDad
Posted on: Sun, 20 Jan 2019 - 10:35


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Some places like Nottingham already charge
https://www.nottinghamcity.gov.uk/transport...e-parking-levy/
The Sheriff lives on in spirit if not in body.
  Forum: The Flame Pit · Post Preview: #1453402 · Replies: 13 · Views: 223

DancingDad
Posted on: Sun, 20 Jan 2019 - 10:33


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???
Not a scoobie.
There are plenty of places that suggest renting out driveways and some which act as agents.
Can see plenty of pitfalls.
Possible need to check mortgage or tenancy terms.
Insurance
Planning Permission
Income Tax
Local covenants
But know of nothing that inherently makes it illegal except possibly via collateral issues such as change of use and need for planning permission.
  Forum: The Flame Pit · Post Preview: #1453401 · Replies: 14 · Views: 356

DancingDad
Posted on: Sun, 20 Jan 2019 - 09:37


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I would find what you sent.
The next stage is an Order for Recovery.
That is likely to be followed by referral to an adjudicator who will want to see what you wrote.
It may be that the council did get and reply to your reps.
In which case expect a copy of the NOR and invite to pay, TPT seem to find this acceptable nowadays.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453393 · Replies: 21 · Views: 328

DancingDad
Posted on: Sun, 20 Jan 2019 - 08:34


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QUOTE (typefish @ Sun, 20 Jan 2019 - 02:26) *
........This was a plan that NCC had been wanting to effect for quite some time, sadly. The timing was purely coincidental


Not a coincidence.
Just reading the opening article suggests it has been discussed many times but Philip has raised it to prominence instead of it being relegated.


@CP
I don't disagree with the view that other reasons should be dealt with first before dropping speed limits.
But given the choice between ongoing maintenance costs plus potential costs of improvement schemes no authority is going to ignore the peanuts it will cost to implement a TRO, put up some new signs and get some cameras in.
  Forum: News / Press Articles · Post Preview: #1453389 · Replies: 16 · Views: 252

DancingDad
Posted on: Sun, 20 Jan 2019 - 08:26


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This case if one which illustrates why we can never guarantee results.
I still think you had a good chance of a win and that the adjudicator could have found in your favour.
But got no reason to say that they were not entitled to find as they did.
Sorry
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453388 · Replies: 51 · Views: 1,458

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