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Incandescent
Posted on: Today, 11:27


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If you could please post a GSV link to the location, telling us where you parked, and where the suspension sign was.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812121 · Replies: 2 · Views: 0

Incandescent
Posted on: Today, 09:30


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I call these "satnav-assisted PCNs", and we see an awful lot on this forum. Difficult to fight; usually appeals centre on signage. Sometimes a PCN is found to contain fatal errors, but as appeals are won on this, the councils up their game by removing them.

However, nothing n signage; here are the signs as you approach, two of them as well.
https://maps.app.goo.gl/EoZAKi4gPYnDwUwn6
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812094 · Replies: 4 · Views: 0

Incandescent
Posted on: Today, 09:23


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QUOTE
Surely there should also be some road markings in place?

Nope. It is not a CPZ, it's a Resident Parking Zone. Residents can park anywhere, except in marked bays where they need to check. There will be some marked bays for visitors. If someone is visiting a resident, the resident must give them a Visitor Permit to display, or buy a virtual one.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812093 · Replies: 3 · Views: 0

Incandescent
Posted on: Today, 01:09


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QUOTE
So the advice is to do nothing at this stage and sit and wait? Is there no danger of the fine being increased further?

My advice was NOT to wait and do nothing: -
The main point to make is that once the period for payment of the CC expires, you need to phone the Traffic Enforcement Centre every 7-10 days quoting the PCN Number to see if the debt has been registered. Once it has, you can submit your SD or WS without needing to receive the actual paper Order for Recovery. We give this advice to anybody who seems to have a mail issue.
Registration of the debt at the Traffic Enforcement Centre increases the penalty by £9, (the registration fee). However if you follow our advice, youll get back to the PCN stage and can then pay it or submit representations.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812083 · Replies: 7 · Views: 0

Incandescent
Posted on: Today, 01:04


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All you can do at this stage is to submit reps on the basis that you had to stop for reasons outside your control and explain the circumstances. Post up their reply when you get it.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812082 · Replies: 2 · Views: 0

Incandescent
Posted on: Today, 00:57


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Sorry, but you won't be winning this with ease, because you are in Ilford Resident Parking Zone D which operates 8.30 am to 6.30 pm Monday to Saturday. You would have passed an entry sign when you drove to Mansfield Road, but Google Street View is not up-to-date enough to show the signs.

https://my.redbridge.gov.uk/map/permit-parking-zones

https://www.guardian-series.co.uk/news/1900...-parking-zones/
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812081 · Replies: 3 · Views: 0

Incandescent
Posted on: Yesterday, 21:35


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QUOTE (astralite @ Wed, 27 Mar 2024 - 20:56) *
Well done all!

Me too !
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812059 · Replies: 20 · Views: 695

Incandescent
Posted on: Yesterday, 20:49


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In view of the amount you couuld get refunded, (circa £700), I think the solicitors fee is a bargain !

What you have here is an unfortunate combination of circumstances, (1) a contravention very shortly after you moved address and (2) you only informing DVLA of your new addresses about a fortnight later, by which time the council had obtained your old address from DVLA. However such is the delay from receipt of address update to actually issuing a new V5, it is likely that even if you had reported new address a day after you moved, the council would still have been given youor old address by DVLA. So I think you have an excellent chance of getting the money back, but note that the PCN would still be outstanding and you'd still have to pay or appeal this.

What forms you need to submit to TEC, I'm not sure, but Neil B will tell you. You need to submit two, one to challenge the PCN, and the other to ask permission to submit the form out-of-time.



  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812053 · Replies: 5 · Views: 0

Incandescent
Posted on: Yesterday, 20:39


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QUOTE (Neil B @ Wed, 27 Mar 2024 - 18:51) *
Well done.

Me too ! Very well done !!
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812050 · Replies: 10 · Views: 253

Incandescent
Posted on: Yesterday, 20:37


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Obviously venality and rapacity has no limits in the UK !
It is all about the money, and any council official that says otherwise is a liar. You paid and the council have lost no money whatsoever; they just want your £50 to add to it.
However, it is your mistake and their power to accept mitigation or not. Here they haven't. In terms of law, I can't see a win at the Scottish adjudicator because you simpy failed to pay for the correct car park.

As you will see, Scotland are still on the old 1991 legislation, not the Traffic Management Act 2004 that applies in England, (with a version of it in Wales). You could look at the legislation to see if the PCN contains all the mandatory information it should contain, but I think paying t he discount may be your best optin, sorry to have to say it.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812049 · Replies: 3 · Views: 0

Incandescent
Posted on: Yesterday, 20:25


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So here are the "Flying Motorbike" signs that you apparently went past.
https://maps.app.goo.gl/DcMcBCHkiMR9g23EA
and here is the No Right Turn sign with times
https://maps.app.goo.gl/JtGmq2B5DMD2ZDq86
It is extremely badly placed and reason enough if it were me, to take them to London Tribunals. Just what is one supposed to do having missed this sign when confronted with the No Entry signs ? Stop and back out ? It's jsut nonsensical, but par for the course with London councils.
And here's the sign in the other direction.
https://maps.app.goo.gl/XyVR71XChPpyQoP76

They are both place where they are because the council are too thick and stupid to consider whether they are best placed, or are too stingy to put a pole up to hold them. All they've done is look around and found two lampposts.

If you do decide to hold their hand to the fire by taking them to London Tribunals bear in mind you'll be risking the full PCN penalty, there is no discount at the adjudicators.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812048 · Replies: 1 · Views: 0

Incandescent
Posted on: Yesterday, 20:11


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QUOTE (OlWat @ Wed, 27 Mar 2024 - 15:39) *
Thank you for the advice and vote of confidence. Is there anything that it would be advisable to add in the formal representations, or is it fine just to repeat the facts?

I fully expect my appeal to be refused again but equally I would like them to be aware that I am very capable of taking the matter further.

What will happen is they will probably re-offer the discount to tempt you to pay. Whether you're holding a winning hand I am not sure, it seems pretty strong on the statutory grounds of "the penalty exceeded the relevant amount in the circumstances of the case" so wait a bit and see what the others say. Don't miss any deadlines on the NtO, though !
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812047 · Replies: 6 · Views: 0

Incandescent
Posted on: Yesterday, 15:14


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Ah, so you've got the NtO. So it is now a total no-brainer to take them all the way the London Tribunals as the penalty remains the same, and there are no additional costs. You can do a telephone adjudication, but DO NOT opt for a papers-based one !
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812028 · Replies: 6 · Views: 0

Incandescent
Posted on: Yesterday, 14:28


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It's the usual Fob-Off letter we see so often. The question now is - are you willing to stand your ground and take them all the way to London Tribunals or not ? I ask because if you wait for the Notice to Owner, the discount option is lost so you'd be putting the full penalty in play, (£110).
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812025 · Replies: 6 · Views: 0

Incandescent
Posted on: Yesterday, 13:13


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QUOTE (Volkswagen16 @ Wed, 27 Mar 2024 - 11:36) *
Hello - I had challenged this on 6th Feb 2024. It is now 27th April 2024 and I have still not received a letter or any communication regarding this. Is there a cut off time when they needed to get back to me for this to still stand?

Er, no, it's not the 27th April yet ! However time has run on without a response so you need to do what John UK suggests. Have they got your correct address, for a start ?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812013 · Replies: 12 · Views: 397

Incandescent
Posted on: Yesterday, 11:50


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I think it is here: -
https://maps.app.goo.gl/zpTAxU1ahrvMcT437
However GSV is too out-of-date to show the restriction signs.

Your narrative tells me that your girlfriend knows about the restriction and its times, but seems to have misjudged the time when she passed the sign. two of the CPNs indicate what we call a "de minimis" situation, (too trivial to prosecute), although she will probably struggle with the PCN for the 2.54 time (6 minutes before the end of the resriction). It is almost inevitable the council will refuse representations on all three of these, thus giving the choice of taking them to London Tribunals with the full PCN penalties in play, or paying the discounted amount.

Anyway, see what the others say, but don't miss any deadlines on the PCNs.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1812002 · Replies: 1 · Views: 0

Incandescent
Posted on: Yesterday, 09:44


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Is the name and address on the Charge Certificate correct in every detail and also the same as on your V5 Registration Certificate for the vehicle ?

Unfortunately we are seeing lots of cases like yours in London. There is an easy way to get the CC cancelled and the matter reverted to the original PCN, but you will have to be proactive to ensure the next statutory document is on it's way. Advice is not to pay the CC, but wait for the Order for Recovery, submit a Statutory Declaration or Witness Statement, (which one depends on what the PCN was issued for), stating that you did not receive the PCN. The process will then be reverted to the PCN stage at which point you can pay or submit representations.

This is all simple and straightforward stuff and totally routine, so nothing to worry about. The main point to make is that once the period for payment of the CC expires, you need to phone the Traffic Enforcement Centre every 7-10 days quoting the PCN Number to see if the debt has been registered. Once it has, you can submit your SD or WS without needing to receive the actual paper Order for Recovery. We give this advice to anybody who seems to have a mail issue.

I'm not sure which declaration form you need, because the CC says it relates to a parking contravention under the Traffic Management Act 2004, yet the offence description is a moving traffic contravention. Hopefully others will come on here and tell you.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811991 · Replies: 7 · Views: 0

Incandescent
Posted on: Yesterday, 09:28


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OK. Note that what you have submitted is called an "informal challenge". An appeal is what you submit to the adjudicators if you get that far.

Please post-up their reply when you get it. To give full advice we really need to see the conditions board for the car park.

Finally, is it your car, and is the name and address on the V5 Registration Certificate up-to-date ?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811989 · Replies: 3 · Views: 0

Incandescent
Posted on: Tue, 26 Mar 2024 - 17:52


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QUOTE (unfortunate09 @ Tue, 26 Mar 2024 - 17:09) *
If I challenge this does this mean if I lose the fee goes up to £195??

No, the penalty cannot increase beyond the £130 on the PCN if you to to adjudication., and there are no additional costs.

Only if your representations to Camden council are rejected, and you don't pay OR go to adjudication would it increase to £195, which is the Charge Certificate stage. Then if you don't pay this, they register the debt at the Traffic Enforcement Centre, and add on the £9 registration fee. Then if you finally don't pay, it's bailiffs at your door.

Similarly, if you lose at adjudication, and fail to pay the £130, the council can issue a Charge Cerficate and register the debt as above. There is no discount option at adjudication either.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811966 · Replies: 8 · Views: 0

Incandescent
Posted on: Tue, 26 Mar 2024 - 16:25


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Engage a lawyer. Property law is complex and is not a subject that is dealt with on this forum, sorry.
  Forum: The Flame Pit · Post Preview: #1811959 · Replies: 1 · Views: 0

Incandescent
Posted on: Mon, 25 Mar 2024 - 17:49


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When you get a PCN, post it up here. No point in doing anything until then, however........

Is your V5 for the bike up-to-date and the name and address the same now as when your suspected contravention occurred ?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811942 · Replies: 1 · Views: 0

Incandescent
Posted on: Mon, 25 Mar 2024 - 11:18


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QUOTE
I took my dad to a (documented) medical appointment in the hospital itself (which is immediately adjacent to where I was parked).
I arrived, took him up and returned about 45-60 minutes later

So, unfortunately the assisted boarding exemption does not apply
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811923 · Replies: 20 · Views: 0

Incandescent
Posted on: Mon, 25 Mar 2024 - 09:16


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Oh dear, yet another satnav-assisted PCN.

For me, (being old-fashioned), this is just plain old money-grubbing, because you made a mistake, but realised it passing the sign, so stopped and reversed back. I just don't believe things like this should be punished, but the council have behaved legally, so all I can suggest is you submit reps on the basis of what happened. However, such is council greed for money, they will in all likelihood reject your representations, thus forcing you to either pay-up, or take them to London Tribunals where, IMHO, you would lose. You'd lose because adjudicators are barred from using discretion, and can only decide on law. I suppose you could claim "the offence did not occur,(de minimis)", but this is subjective so not a guaranteed win, I'm afraid.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811915 · Replies: 2 · Views: 0

Incandescent
Posted on: Mon, 25 Mar 2024 - 01:26


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You just have to say that the road ahead was blocked preventing you from proceeding and the road layout precluded doing a U-turn. Also point out that if they study the video they will see that all the vehicles are turning left into the restricted street, because their route was blocked, so they must have issued 100s of PCNs on that day at this location. Say that the council, as the road authority will have a record of the temporary road closure order.



  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811911 · Replies: 20 · Views: 0

Incandescent
Posted on: Mon, 25 Mar 2024 - 01:22


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QUOTE (unfortunate09 @ Sun, 24 Mar 2024 - 23:25) *
But you would only see this sign if you were turning left as pointing left. Whereas if someone is coming down that lane and intending to turn right (whilst also trying to navigate horrendous weather conditions) your sight would be on the immediate right hand side of the road not the left. I’d even go as far as to say they’ve done this deliberately so that anyone about to turn right completely misses this sign

Well, my advice stands, but you do have the right in law to take the matter all the way to adjudication to test your opinion. As the Earl of Montrose wrote: -

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win, or lose it all."
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1811910 · Replies: 8 · Views: 0

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