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PASTMYBEST
Posted on: Today, 10:36


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QUOTE (Korting @ Sat, 20 Jul 2019 - 23:05) *
one thing I would add is that on the main roads into London, there are signs informing you of the distance to The Congestion Charge Zone, but no mention is made of the ULEZ.


I know where are signs on the M! when heading south and on the M2 when heading out from Dover but cannot remember if any of them advertise a charge, can someone give a GSV link to one of these signs
  Forum: The Flame Pit · Post Preview: #1501633 · Replies: 14 · Views: 1,092

PASTMYBEST
Posted on: Today, 10:17


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QUOTE (HarbourLights @ Sun, 21 Jul 2019 - 09:40) *
Hi Team,

I'm just making a start on my appeal to the adjudicator. The procedure notes mention (as the original appeal did) that you can appeal on a fixed set of grounds. However, unlike the original appeal, there is no mention of being allowed to state your own grounds for appeal, although it does go on to say that if you're in doubt, appeal anyway.

I take it that I'm OK to more or less repeat my original grounds for appeal...?

Thanks!


I would think

©
that in the circumstances of the case no penalty charge is payable; would cover it. Because your appeal is that the signage does not convey that the ULEZ is a charging zone so is inadequate in not conforming to LATOR s18
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501630 · Replies: 45 · Views: 1,882

PASTMYBEST
Posted on: Today, 10:07


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post all sides of the notice redact only personal details
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501626 · Replies: 5 · Views: 41

PASTMYBEST
Posted on: Yesterday, 17:34


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QUOTE (cp8759 @ Sat, 20 Jul 2019 - 14:19) *
I think there is some merit in hcandersen's approach, and I think the lack of particularisation should be the primary ground of appeal, not because the other points are not valid but because the lack of photos makes that ground overwhelming in the present case.

missybobo are you still with us?



as I said the appeal was written for another poster, it is for the same location but is drafted in that order to fit in with reps. the order could and should be amended to suit and the dates need amending in point 1. I don't think I need reference any other cases but am open to suggestions



personally I think the strongest point is the flawed PCN
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501539 · Replies: 14 · Views: 223

PASTMYBEST
Posted on: Yesterday, 17:23


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QUOTE
I find this rather odd and wonder if it was really because they couldn't be bothered. However if it's true, how is it possible to check the date a TRO is 'sealed' and does this give anyone else on this forum an addtional way to consider a challenge?



I find it odd too. Because school zig zags are s36 and do not need a TRO
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501537 · Replies: 63 · Views: 2,274

PASTMYBEST
Posted on: Yesterday, 12:28


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QUOTE (Cheesemonkey @ Sat, 20 Jul 2019 - 13:09) *
The EN is addressed to the company for whom my son works. He has emailed it to me because we are three hours drive apart. When any parking/driving ticket is received by the leasing company they transfer liability automatically and it is then re-addressed to the company.

Hope this clarifies things and apologies for any misunderstanding.


The PCN was served on the lease co the council have accepted their reps and transferred liability to the company so you need written authority to act on behalf of the company

You then make your arguments in representations against the EN. First and foremost that you( the company)have no liability as liability cannot be transferred. The council cannot re serve a fresh PCN on the lease company
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501472 · Replies: 13 · Views: 143

PASTMYBEST
Posted on: Yesterday, 11:44


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QUOTE (Cheesemonkey @ Sat, 20 Jul 2019 - 12:33) *
Thanks for the comments Pastmybest. The leasing company have transferred liability but as you say, if they haven't done it soon enough or not advised the company of the PCN, which they have agreed to do as a procedure, then they are responsible, but this is doubtful as the client leases a quite a few vehicles from them and they are very correct in their dealings.

As far as the discount goes, would you suggest a challenge on the grounds that the original PCN hasn't been received. Clearly i'll do nothing until advised to do so by the experts here.

Thanks all for taking the time.


The leasing company have transferred liability? No they cannot. they can make representations to the council that they are a leasing company and that you are in fact the person who exercises the control of an owner and the council can accept these representations . BUT there is no provision in the bus lane regs for them to do so you cannot be liable in these circumstances


we must have complete information
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501464 · Replies: 13 · Views: 143

PASTMYBEST
Posted on: Yesterday, 11:40


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TBH your account on here sounds like you are looking for a wizard wheeze to get off.

If you were loading that is a valid exemption to being on a yellow line so why dash off why not just tell the CEO you were loading?

A PCN can be served by attaching to the vehicle or by handing to the person who appears to be the driver. If neither of these to methods were utilized them a PCN may be served by post


Get and post ALL the council photos here. Re post the NTO and redact only personal detail and also in any challenge you must require that the CEO notes are supplied.


I would not advise that you send a challenge before posting the info and getting further advice as to grounds from here
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501463 · Replies: 9 · Views: 130

PASTMYBEST
Posted on: Yesterday, 11:15


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QUOTE (mum25 @ Sat, 20 Jul 2019 - 12:00) *
Thinking about it, it does seem that I must submit my evidence by 24/7/19 and the council do not have to submit there's until 3 days before 29/07/19 which is the 26/07/19.
Have I understood that correctly?



Almost 3 clear days would mean you receive by the 25th but CP will have something to say about that
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501458 · Replies: 76 · Views: 3,652

PASTMYBEST
Posted on: Yesterday, 11:14


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post the PCN and the rest of the council photos. We also need a photo of the T&C board for the car park
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501457 · Replies: 5 · Views: 95

PASTMYBEST
Posted on: Yesterday, 11:12


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First things first.

I would normally say that the di minimis principle could apply here but you showed a level of impatience that might count against you when an adjudicator is considering what is a subjective matter. If the discount is still available I would consider taking it. IMO it is at best 50/50 but likely less.


But if no discount or you want to fight, At the moment you cannot. The owner (the lease company) are liable and only they can make representations. The can authorise you to act on their behalf, but this must be in writing so if you are fighting get that. If you do not the council are at liberty to ignore any representations you make


And post up the documents
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501455 · Replies: 13 · Views: 143

PASTMYBEST
Posted on: Yesterday, 10:56


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I can't find a road called Bainfield PLACE on GSV only Bainfield DRIVE. If you were driving my car I would get a Notice to owner if you did not pay, how would I be able to see what you did from the location given?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501452 · Replies: 12 · Views: 159

PASTMYBEST
Posted on: Yesterday, 10:53


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QUOTE (hcandersen @ Sat, 20 Jul 2019 - 11:23) *
A common feature with appellants is their fear of the process. This is based on a lack of knowledge and is understandable.

There is no need to concern yourself provoded you keep everyone informed.

So:
1. Contact the council. Tell them that ETA have advised you that their evidence should be uploaded no later than ***, when would they anticipate that they would provide their evidence. Also, do they intend to send you a hard copy and when do they contemplate that this would arrive.

Answer? .......

Come back here. There is nothing to be afraid of, it's a process.

And if they cannot give you reassurance then I would likely advise you to contact ETA and request a postponement - which is your right - so as to give you adequate time to review their evidence. You lose NOTHING by having your hearing postponed, provided you do it as soon as practicable.


does an adjournment alter the direction to submit evidence by the 24th ? without a specific direction to that effect I would not assume so
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501450 · Replies: 76 · Views: 3,652

PASTMYBEST
Posted on: Yesterday, 09:03


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So now if you have heard nothing from us by the beginning of august bump the thread and one of us will draft an appeal for you
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501421 · Replies: 43 · Views: 984

PASTMYBEST
Posted on: Yesterday, 08:53


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QUOTE (Incandescent @ Sat, 20 Jul 2019 - 09:18) *
No, just carry on because the time to pay is long gone, and it will mess things up. You have physically received the PCN now, but well outside the statutory time for receiving it, so in terms of the process, you did not receive it.


Re directed mail? Why if you have not changed address? answer these questions they may be important later. But for now do nothing but keep checking with TEC as to the registration of the debt. If you receive the order for recovery and /or TEC tell you the debt has been registered come back and tell us straight away. If you miss deadlines things get far more difficult. I repeat do nothing else
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501419 · Replies: 26 · Views: 336

PASTMYBEST
Posted on: Yesterday, 00:03


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QUOTE (Neil B @ Fri, 19 Jul 2019 - 23:54) *
Nice.



yes but amend the date to suit tat was for mike greens PCN's
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501398 · Replies: 23 · Views: 398

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:45


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They are acting as debt collectors not bailiffs but lets be sure post all docs
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501371 · Replies: 5 · Views: 105

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:41


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QUOTE (h3lp @ Fri, 19 Jul 2019 - 20:37) *
16 07 19 is the date on the letter and it's addressed to the lease company.



Then only the lease company can make representations. Unless you get written authority to act on there behalf or they do what they should and make representations on the fact that as a lease company they are not liable and that you exercise the rights and reasponsibility of owner
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501369 · Replies: 39 · Views: 783

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:22


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What's the date of the NTO and who is it addressed too
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501362 · Replies: 39 · Views: 783

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:19


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This is the appeal I have written for the other poster Whilst you would need to amend it to reflect your particular case all points are valid


https://1drv.ms/w/s!AtBHPhdJdppVtzYaOngp6HTcAQSu
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501360 · Replies: 14 · Views: 223

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:12


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Use this for you representation

1:-The penalty charge exceeded the amount applicable in the circumstances of the case.

The last section of page two of the PCN is entitled Making representation The last sentence of the first paragraph of this section says “ We may disregard any representations received after the period of 28 days beginning with the date of this penalty charge notice” The PCN is dated the 22nd of May so the date that the council say they may disregard the representation would be the 18th of June.

The regulations however state at 1(3) of schedule 1 :- The enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question was served. This would be on the 20th of June some two days later

Service being calculated as two working days after date of notice ( taken as date of posting absent any evidence otherwise)
It is clear that the PCN truncates the representation period by two days

This same error in the time by which the council may act is repeated at paragraph three of this section states that the council may serve a charge certificate if payment or representations are not made within 28 days beginning with the date of the penalty charge notice.

This is the same error as above. Regulation 5(2)(a) of schedule 1 states :- where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;

I submit that these two errors within the text of the PCN alone give grounds for the cancellation of the PCN.

It should be noted that the tribunal has been asked to find on a litany of errors within the Havering PCN template over a period of time 2180467605 2180482325 2180482325 2190005446 2190022751 being just a few. Although the error in these cases is slightly different in that they use the date of service rather than the date of notice for the payment period this is still at odds with the regulations and the adjudicators have found this renders the PCN unenforceable.

The error in the cases did in fact allow a more generous period than that allowed. In this case it is the opposite, the period is truncated to the detriment of the appellant

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501358 · Replies: 23 · Views: 398

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 19:05


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Some might disagree but I think this is a fair appeal that will give you a good chance

https://1drv.ms/f/s!AtBHPhdJdppVtzQXvhU8dka-bCHQ
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501355 · Replies: 51 · Views: 2,004

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 15:12


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Can you reload the rejection letters again I cant open them and want to get the ground right and would rather not rely on memory
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501309 · Replies: 51 · Views: 2,004

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 14:56


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QUOTE (hcandersen @ Fri, 19 Jul 2019 - 15:40) *
While researching this issue from scratch, I came across the following decisions by adjudicators (see below) in respect of this exact location. It would therefore appear that this issue has been brought to the council's attention previously and I hope I am not being unfair when I say that it appears their response could be summarised as 'so what, u-change if you want to, the council's not for turning' or changing for that matter. The regularity of these decisions suggests that the adjudicator is doing their best to get this council to mend their ways, but so far without success.

******
*******
*******



NB. IMO it does not need any reference to the law in the narrative, let the adjudicators' decisions do this.



your opinion is noted, but it is guidance not regulation
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501305 · Replies: 14 · Views: 223

PASTMYBEST
Posted on: Fri, 19 Jul 2019 - 14:00


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QUOTE (HHHHHHH @ Fri, 19 Jul 2019 - 14:39) *
QUOTE (PASTMYBEST @ Fri, 19 Jul 2019 - 13:14) *
QUOTE (HHHHHHH @ Fri, 19 Jul 2019 - 12:43) *
My challenge is on the basis that the contravention did not occur, for the following grounds:

• My vehicle approached the junction following moving traffic. The vehicle ahead came to a halt and the road ahead only has one lane. The car beside me undertook me which led me to remain in the box junction, in order to avoid a collision.

Is this a valid appeal?


It is a valid appeal but is not likely to win you really are bang to rights you would be hoping that the adjudicator had a very good lunch before deciding an appeal on those grounds


If they dont accept, do I get another 14 days to pay the reduced fee of £65?


There is no legal right to it but they may re offer if they wish
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501290 · Replies: 22 · Views: 387

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