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PASTMYBEST
Posted on: Yesterday, 21:11


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I read the sign wrong as well. that permit and disabled allowed loading being time restricted. But it all depends on the PCN please post it and any council photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442574 · Replies: 15 · Views: 94

PASTMYBEST
Posted on: Yesterday, 21:08


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CP goy the info re the service charge a while ago. the service charge to NCC is 3p per minute
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442571 · Replies: 39 · Views: 424

PASTMYBEST
Posted on: Yesterday, 17:45


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Post the PCN and get and post the video. If you have a BB it would seem from that sign you are exempt , but how does the camera know?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442513 · Replies: 15 · Views: 94

PASTMYBEST
Posted on: Yesterday, 17:42


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QUOTE
I have a PCN that says I have not paid for parking - code 11- and I have a receipt from Ringo saying I did. There's only one zone in the street where I parked and that's the same as the one on the Ringo receipt.




That would be my route
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442510 · Replies: 10 · Views: 89

PASTMYBEST
Posted on: Yesterday, 17:40


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QUOTE (tahrey @ Fri, 14 Dec 2018 - 16:42) *
Well, I am kind of hoping it doesn't go beyond the informal stage. Whilst at other points in the last couple years I've have relished the battle, all the formal stuff is stress I honestly don't need in my life right now. Really, I could have done without the informal one getting in the way over the last two weeks, including today (things to do are why I didn't get back here til about 2.30)

If you think it looks alright then I'm going to embellish it with an expansion of Discodad's opener, add some photos and stick a fork in it.

Thanks for going to the trouble of posting all that stuff before and trying to explain it, although it took me some time to actually wrap my head around and understand it.


Discodad biggrin.gif biggrin.gif biggrin.gif you've updated him
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442508 · Replies: 39 · Views: 424

PASTMYBEST
Posted on: Yesterday, 16:40


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Don't know post the PCN get and post the council photos and post your challenge and the rejection once we have some detail we can look to what can be done
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442490 · Replies: 1 · Views: 35

PASTMYBEST
Posted on: Yesterday, 16:38


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If you want to mention the signs do so its your challenge, as for the other edit to my point its fine for a challenge. it would need be beefed up for formal reps and appeal but that's for later
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442488 · Replies: 39 · Views: 424

PASTMYBEST
Posted on: Yesterday, 15:47


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the video is critical
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442477 · Replies: 5 · Views: 64

PASTMYBEST
Posted on: Yesterday, 15:40


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There are 4 signs in a bay of less than 40 meres length You were parked witin 5 metres of one behind and one in front. Signage will not be you winner

https://www.google.co.uk/maps/@52.9524762,-...3312!8i6656


What I posted in post 4 Makes a good appeal, it is more than adequate for an informal challenge. But feel free to use the information it contains to re draft to suit your style
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442475 · Replies: 39 · Views: 424

PASTMYBEST
Posted on: Yesterday, 15:03


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Post the PCN and council photos parking on the footway is allowed to unload only if no other suitable place is available, the vehicle is not left unattended and it is for no longer than 20 miutes.

but it sounds like you may have a legitimate expectation that parking 2 up is tolerated
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442466 · Replies: 6 · Views: 73

PASTMYBEST
Posted on: Yesterday, 14:55


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post all the docs and council pics
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442463 · Replies: 4 · Views: 75

PASTMYBEST
Posted on: Yesterday, 14:52


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Loading is usually an exemption for disabled bay but you need to prove loading

We need to see documents and council photos. Use an external site such as imgur
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442462 · Replies: 8 · Views: 90

PASTMYBEST
Posted on: Yesterday, 11:47


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QUOTE (hcandersen @ Fri, 14 Dec 2018 - 11:32) *
But the fact remains that on the basis of what we know there is no defence against the contravention and the authority are entitled to pursue the penalty.

If the OP wants to risk the discount, that is their choice, but they should understand the parameters. In this case, they simply forgot to display a BB. We see plenty of cases where being flustered or short of time has led to fluttering tickets, leaving a location with the intention of paying by phone but not managing for one reason or another etc. But the OP has not suggested that they were anything but simply forgetful.

So, in answer to 'What more can I do when the notice to owner comes?', I suggest that if any of the factors to which the OP referred actually applied to these circumstances, as opposed to being non-specific generalisations, then I suggest they say so.


Agreed HCA, The OP would be looking at only " other compelling reasons" the OP could make a very compelling case to the council in representations and risk the council giving an acceptable (to the adjudicator ) response. I am thinking more along the lines of just sending the same or only slightly modified letter as representation and leaving a full submission til appeal. Not fixed on that and am open to suggestions.



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442394 · Replies: 30 · Views: 376

PASTMYBEST
Posted on: Yesterday, 09:14


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I am with you on that Mr M. Sapphire, It s not my money and there is a risk you could lose, but I think the principle is worth the fight. Look at it this way if it helps. If you take this all the way (and you will have or help and support) it will take between 4 to 6 months before you would have to pay, if you lost. Save to cost of a cup of coffee a week from now and you will save at the least the difference in the full amount and what you would have to pay now.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442357 · Replies: 30 · Views: 376

PASTMYBEST
Posted on: Yesterday, 00:13


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guidance states that signs should be at approximately 60 metre intervals I rough google measure would have them at 62. One approx. 30 metres in front and one 32 metres behind. I cannot see a win on signage
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442324 · Replies: 21 · Views: 366

PASTMYBEST
Posted on: Yesterday, 00:00


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So you have confirmation of payment, Yes? That is what you need to show If you were in a residents bay, good for you bad for them. But the cynic in me wonders if you will never find this PCN but get a postal one in a few days for the correct contravention. Don't lose that one
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442322 · Replies: 10 · Views: 89

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 19:24


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QUOTE (cp8759 @ Thu, 13 Dec 2018 - 18:59) *
100% appeal, they have shot themselves in the foot by issuing a rejection which directly contradicts the regulations, and numerous tribunal decisions, such as James Demery v London Borough of Bexley (case reference 2180251300) and David Greenberg v London Borough of Barnet (case reference 216022028A).

They've also repeated the same error again in the NoR, so a victory at this point is all but guaranteed. When you register the appeal, write "detailed grounds to follow" in the reasons box, the tribunal will then send you a deadline to submit your grounds of appeal. I will write these for you, I look forward to wiping the floor with them biggrin.gif


Idiots, Play nice CP
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442210 · Replies: 17 · Views: 365

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 19:16


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The owner of the vehicle identified is liable for the penalty, you can argue it was not yours, but I wouldn't hold out much hope. The dark photo is infra red to focus on the reg of the vehicle identified.

and you seem to know what the driver did and why. Post the rest of the PCN so we can check it for flaws
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442203 · Replies: 14 · Views: 95

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 17:17


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QUOTE (hcandersen @ Thu, 13 Dec 2018 - 17:06) *
That's because we've had days to pore over the evidence in the comfort of our own homes and not faced with making the call on the ground.

Blue lights, indeterminate speed would for most drivers mean pull to the side of the road and certainly not stop or even excessively slow on the main carriageway because for all you know there might be other vehicles in your lane ready to ram you up the a**e.



That's fair enough, and there seems to be enough technical arguments but it needs considering. The adjudicator will see the video, it would help if we could
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442134 · Replies: 52 · Views: 1,102

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 16:59


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If you intend to do their job and respond to a challenge yourself, pay the discount. Others have used the argument that the council cannot add a charge over and above the penalty set by law. The council said yes we can its an admin charge and took it to judicial review.

The judge told them clearly. NO YOU CANNOT, no matter how you dress it up. And it does not matter if you offer other ways to pay that do not charge. You offer that one that does so you are charging a penalty that exceeds the relevant amount. So in law the PCN must be cancelled
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442126 · Replies: 39 · Views: 424

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 16:54


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I keep looking at this and see a two lane carriage way that is empty. In that circumstance is pulling into the bus stop likely to be found reasonable ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442122 · Replies: 52 · Views: 1,102

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 15:59


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Duty of enforcement authority to which representations are made

5.—(1) The enforcement authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the relevant notice to owner was served.



You made your representation outside the allotted time, it has been disregarded, so a CC was served I cannot see how you could make a witness statement
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442108 · Replies: 9 · Views: 139

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 14:50


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I would be challenging this all the way coz no way are those blips compliant. I would also ask the council how they have complied with s87 TMA 2004 and what is their published policy re a CEO issuing a warning in this situation where the driver is obviously present

See this from SoS statutory guidance

7.15 However, the enforcement authority may wish to set out certain situations when a penalty charge should not be issued. For example, an enforcement authority may wish to consider issuing a verbal warning rather than a penalty 17


charge to a driver who has committed a minor contravention and is still with, or returns to, the vehicle before a penalty charge notice has been served. The enforcement authority should have clear policies, instructions and training available on how to exercise such authority. These policies should form the basis for staff training and should be published


https://assets.publishing.service.gov.uk/go...traventions.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442089 · Replies: 8 · Views: 81

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 14:39


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QUOTE (Mr Meldrew @ Thu, 13 Dec 2018 - 12:57) *
You might like to have a read of this adjudicator’s decision (downloads an Adobe PDF document).

http://davidmarq.com/uploaderv6_1/files/7/...520decision.pdf



Nice one MR M
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442086 · Replies: 30 · Views: 376

PASTMYBEST
Posted on: Thu, 13 Dec 2018 - 14:27


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QUOTE (DancingDad @ Thu, 13 Dec 2018 - 13:14) *
QUOTE (PASTMYBEST @ Thu, 13 Dec 2018 - 12:29) *
There are very, very faint marks both in front and behind the truck. I would say no chance of them being substantially compliant, but the proximity of the sign might lean an adjudicator that way



Your eyesight/screen is better then mine, I canna see any blips.


Proximity of signs is irrelevant.
Why should a professional driver who has looked and seen no kerb blips then look for signs?
They are unloading and know that there is an exemption unless kerb blips show there may not be or isn't.
There is a duty on councils to ensure restrictions are clearly signed, they fail here based on CEO photos, those are the ones used in evidence and they do not show (adequate) blips


I would take this all the way on signage not being compliant or adequate to convey the restriction.

Simple question that must be asked in a challenge... Where are the kerb blips to show unloading is prohibited ?


Just about level with the red barrier on the pavement at the back and about the end of the kerb stone just in front of the lorry
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1442082 · Replies: 8 · Views: 81

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