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cp8759
Posted on: Today, 19:11


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For now just register an appeal and write "detailed grounds to follow" in the reasons box. We'll draft an appeal for you once you know what the deadline for submission is. The 0845 ground is very technical and unfortunately you have little chance of success if you try doing it yourself.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464583 · Replies: 37 · Views: 1,107

cp8759
Posted on: Thu, 21 Feb 2019 - 21:49


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QUOTE (skybooks @ Thu, 21 Feb 2019 - 21:13) *
QUOTE (Logician @ Thu, 21 Feb 2019 - 22:05) *
Well yes, so there was a valid reason for the delay. This speed qualifies for a course, provided you have not previously done one for an offence within the three years before this latest offence.

Ok, thanks. No previous offenses. I assume the course is best option?

By far, yes.
  Forum: Speeding and other Criminal Offences · Post Preview: #1464118 · Replies: 9 · Views: 379

cp8759
Posted on: Thu, 21 Feb 2019 - 21:47


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QUOTE (thebruca @ Wed, 20 Feb 2019 - 23:23) *
I moved back about a month ago, It's most likely permanent yes, but I may have to travel over a bit for work still.


If you confirm to them that you've permanently moved to Australia, they will almost certainly drop the matter.
  Forum: Speeding and other Criminal Offences · Post Preview: #1464116 · Replies: 10 · Views: 748

cp8759
Posted on: Thu, 21 Feb 2019 - 18:15


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Read this then update your post accordingly: http://forums.pepipoo.com/index.php?showtopic=125502
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464060 · Replies: 3 · Views: 76

cp8759
Posted on: Thu, 21 Feb 2019 - 18:13


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I think for a representation to the council that is probably sufficient.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464058 · Replies: 4 · Views: 58

cp8759
Posted on: Thu, 21 Feb 2019 - 18:02


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QUOTE (FinalFormPotato @ Thu, 21 Feb 2019 - 16:40) *
Please go back a few posts and view the image of my updated appeal emailed to the council and let me know if a tribunal would accept that. Thanks

It's very unlikely they would accept that.

The signs were there are you are deemed to know what they mean. If you want to argue that, despite the fact that they conform with the regulations, the signs do not adequately convey the restriction, you will need to put forward evidence to this effect.

As I've said, the only issue I can see here is the x height of the signs, if you can show that the x-height falls outside the government guidelines, you can argue the signs are inadequate for the purposes of regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996. Just asserting that the signs are to small won't convince anyone.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464055 · Replies: 31 · Views: 410

cp8759
Posted on: Thu, 21 Feb 2019 - 17:53


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QUOTE (Hootie @ Thu, 21 Feb 2019 - 15:59) *
I panicked when I saw the markings and I must have been thinking about being in the other lane, so by the time I realiased, I would have ended up swerving out and then back in again. That part of the lane isn't very long.

The swerving you describe would have supported your version of events, but we are where we are. I doubt the council would accept it so you'd have to risk the full amount at adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464052 · Replies: 9 · Views: 140

cp8759
Posted on: Thu, 21 Feb 2019 - 17:50


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And the inevitable result: http://bit.ly/2SkuoEk

Quite disappointed the adjudicator missed the point regarding the fact that there's a mandatory left turn at the junction, but the result is what counts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464049 · Replies: 62 · Views: 1,944

cp8759
Posted on: Thu, 21 Feb 2019 - 16:04


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I think the police officer is chancing his luck. During a follow check, there's an established procedure of following a vehicle at a fixed distance over a couple of miles (I think there's a minimum distance the follow must cover but can't recall what it is), this allows the following officer to confirm the speed of the vehicle ahead.

But if the copper was pursing a bike ahead, how could he also be sure that the bike behind was at a constant distance? Judging distance in your mirrors is already not as straightforward as looking ahead, add to that the fact that the officer would have been focusing on the bike ahead, while continuously performing a dynamic risk assessment (even if it's not a pursuit of a non-compliant vehicle, the officer still has to drive to an advance standard in these circumstances).

So realistically he might have given the bike behind an odd glance now and then, so he could not be sure it was following at a constant distance?

Obviously we don't know the distances involved, but from the very incomplete account we've been given, it might be possible for the OP to create a reasonable doubt that maybe he wasn't speeding, which is all that is needed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1464028 · Replies: 15 · Views: 849

cp8759
Posted on: Thu, 21 Feb 2019 - 15:56


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I'm sure you've come across keep left bollards before, they're used everywhere.

Show us all the paperwork, but at the moment discretion is all you've got. It would help if you could also post the video, instructions here: http://forums.pepipoo.com/index.php?showtopic=125502
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464024 · Replies: 15 · Views: 150

cp8759
Posted on: Thu, 21 Feb 2019 - 15:53


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QUOTE (Neil B @ Thu, 21 Feb 2019 - 15:38) *
Let's see all the paperwork.

+1, at the moment we don't even know which jurisdiction this falls under. The rules for England & Wales, Scotland and Northern Ireland all all slightly different.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464021 · Replies: 15 · Views: 258

cp8759
Posted on: Thu, 21 Feb 2019 - 15:51


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They're not going to use the photo from a different PCN though.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464020 · Replies: 8 · Views: 91

cp8759
Posted on: Thu, 21 Feb 2019 - 15:50


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Ok that makes a lot more sense now, but still, why didn't you move back once you saw the bus lane markings?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464018 · Replies: 9 · Views: 140

cp8759
Posted on: Thu, 21 Feb 2019 - 15:49


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QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:15) *
QUOTE (cp8759 @ Thu, 21 Feb 2019 - 15:07) *
QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:02) *
I will be providng a screenshot of the delivery/collection details I was undertaking. Also the fact that I was back to my car within 3 minutes.

As long as you provide evidence of a commercial delivery for UberEats, they will probably cancel.


Even though they rejected the same evidence when I unofficially appealed?

They have a duty to consider formal representations afresh and with an open mind. The fact that informal reps were previously rejected is not a relevant consideration.

Besides, ultimately I would have thought the tribunal would accept you were engaged in a commercial delivery and it's the tribunal's view that counts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464017 · Replies: 41 · Views: 872

cp8759
Posted on: Thu, 21 Feb 2019 - 15:47


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QUOTE (Incandescent @ Thu, 21 Feb 2019 - 15:14) *
I don't think HCA's advice is tosh at all, and it would be better if such things are not said in this forum. It is a view on the best action for the OP, bearing in mind what tends to happen with hire companies. Your advice is different, and the OP needs to weigh both up.

There's a difference between saying "pay the discount" and "you may want to pay the discount because of x y and z, if you fight on you could encounter such and such difficulties". I'm sorry but saying that anyone who gets an informal rejection for a hired vehicle should pay the discount is simply failing to give an OP the necessary information to make an informed decision.

If Supajensen had been given all the facts, maybe he would have fought on, maybe he would have paid, that would have been up to him. But he clearly was not given all the facts and IMO a balanced view needs to be given when advising someone to pay. When I advise someone to pay I always qualify it with "see what others think first..." for that very reason, and because a decision to pay is fatal to the appeals process.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464016 · Replies: 10 · Views: 142

cp8759
Posted on: Thu, 21 Feb 2019 - 15:39


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QUOTE (jaymando @ Thu, 21 Feb 2019 - 15:11) *
Sorry if I am being daft but how do I look up past cases? I can see people are referencing them by number a lot but where do I actually access a database?

London cases are all on https://londontribunals.org.uk under statutory registers. Non-London cases, you would need to visit the tribunal's office in Wilmslow, however key cases are available here: http://bit.ly/2AR0JNg
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464014 · Replies: 1 · Views: 49

cp8759
Posted on: Thu, 21 Feb 2019 - 15:32


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Give us the link to the location on google street view, and show us the video.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464009 · Replies: 15 · Views: 150

cp8759
Posted on: Thu, 21 Feb 2019 - 15:30


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Call TFL and ask for the video, they will post you a DVD and put the case on hold in the meantime.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464008 · Replies: 2 · Views: 47

cp8759
Posted on: Thu, 21 Feb 2019 - 15:26


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Credit where it's due, the City of London Corp has clearly realised that pursuing these is pointless. That being the case however, they really shouldn't be issued in the first place.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464007 · Replies: 9 · Views: 214

cp8759
Posted on: Thu, 21 Feb 2019 - 15:24


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Have you asked TFL for the video?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464005 · Replies: 6 · Views: 145

cp8759
Posted on: Thu, 21 Feb 2019 - 15:19


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I can't help but think the OP was stationery for an awfully long time on what, ultimately, is a no stopping restriction. There's a case to be argued but it's not a sure thing IMO.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1464002 · Replies: 7 · Views: 122

cp8759
Posted on: Thu, 21 Feb 2019 - 15:09


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QUOTE (HansGruber @ Thu, 21 Feb 2019 - 11:46) *
28 days have elapsed since I found myself in that bus lane and still no PCN

My details on DVLA haven't changed so does that mean i'm off the hook?

The bus lane camera is right there and visible on GSV so I am so confused as to why I never got a fine.

Maybe they know not to enforce due to the conditions of the markings.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463995 · Replies: 13 · Views: 203

cp8759
Posted on: Thu, 21 Feb 2019 - 15:07


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QUOTE (chopperdave @ Thu, 21 Feb 2019 - 15:02) *
I will be providng a screenshot of the delivery/collection details I was undertaking. Also the fact that I was back to my car within 3 minutes.

As long as you provide evidence of a commercial delivery for UberEats, they will probably cancel.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463994 · Replies: 41 · Views: 872

cp8759
Posted on: Thu, 21 Feb 2019 - 15:06


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You are virtually certain to win if you challenge this, and it will take very little effort indeed. You should start by reading Mr Watkin and others v Manchester City Council (case reference MC0 1044-1808) here: http://bit.ly/2TKSfyu

Paragraphs 58 to 69 are particularly relevant to you.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463992 · Replies: 4 · Views: 58

cp8759
Posted on: Thu, 21 Feb 2019 - 14:55


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QUOTE (peterguk @ Thu, 21 Feb 2019 - 11:38) *
QUOTE (skiticket01 @ Thu, 21 Feb 2019 - 10:16) *
Proof we had driven from france with a ferry ticket show we are unloading at the time?

No. Proof you had driven from France with a ferry ticket would prove only that.

But it would support the OP's version of events, i.e. that unloading was taking place following a long trip abroad. I would make an informal representation simply explaining what you've said to us, and provide photos of the items being unloaded.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463984 · Replies: 3 · Views: 98

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