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Parking Case Success Stories
Insider
post Tue, 15 Aug 2006 - 23:51
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As it says on the topic description - Parking Success Stories (Only for members here, not news stories!)

A new "Parking Success Stories" as suggested by Mista Pendle wink.gif

This post has been edited by Insider: Wed, 16 Aug 2006 - 08:43


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post Tue, 15 Aug 2006 - 23:51
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Wayne Pendle
post Wed, 16 Aug 2006 - 15:36
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5th May 2006

1. Westover -v- Buckinghamshire County Council

Wayne Pendle on behalf of L Westover

Grounds for appeal:-

(a) No date of contravention on ticket
(b) Lines Unclear
© signs did not conform to RTRGD 2002.

Summary:- I argued that for the PCN to be valid, the PCN required two dates, the date of contravention and the date of issue. I quote evidence from Als Bar, Macarthur -v- Bury and RTA 1991 itself. I also used the Councils own evidence against them in that the lines were not clear and quoted Heatley, Council protested that they do not have resources to check all lines 24 hrs a day. Council were told by Adjudicator that they have a duty to ensure lines and signs were lawful and that it was not for the motorist to interpret those lines.

Outcome:- Victory

Decision:-

Was by post; the Adjudicator declared that whilst my evidence was "interesting", he had based his decision on Lukha -v- Aylesbury which was made 10 days after my appeal. Lukha was the decision where the Chief Adjudicator for England and Wales drove 200 odd miles to Buckinghamshire (same County as me) and then started to check other documentation. I can't begin to understand why all of a sudden this should be so when they haven't been checking documentation for 10 years prior, oh well, Lukha -v- Aylesbury was born as a result.

Anyway, the adjudicator wrote that he didn't have to hear my arguments for Lukha -v- Aylesury made it clear that Buckinghamshire did not have a lawful notice of rejection.

As such, convently my appeal was allowed!!

5th May 2006

1. PCNs

2. Various parking infraction of a non-obstructive nature, obtained byme to to prove unlawfulness of Council activity.

Outcome:- all bar two, cancelled.

reason for Cancellation:-

You tell me, No appeals by me were made.


Council just cancelled my PCNs. Still have two one going through at Charge notice stage, another at NTO. Can't wait to get it before a Court. Council believe they have all their problems sown up now and as such are 'testing' the water, council are going to lose and it's going to cost them dearly.

This post has been edited by Wayne Pendle: Wed, 16 Aug 2006 - 15:47
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technoman
post Wed, 16 Aug 2006 - 19:25
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me V London Borough

I appealed solely on the basis that I felt thatthe contravention did not occur. Howver, after posting my thread, i was advided that I have a strong case of "Date of Issue" and "Date of Convinction" not on the PCN.
Went all the way to teh stage where I filled the apeal form to PATAS, quoting, as advised by Barrie Segal " Moses-V-Barnet"

A couple of days later the Council said that they have dropped the matter as there was an "error" in the issuing of the PCN

Am in the process of claimimg costs and also have requested the Council for copies of past PCNs
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peodude
post Thu, 24 Aug 2006 - 12:25
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I've had 2 successful appeals in the same place, due to yellow lines being hidden by mud and shrubbery biggrin.gif
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mk1
post Mon, 28 Aug 2006 - 18:41
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Oldham MBC

PCN for parking on double yellows plus no waiting.

lines were a bit crappy but because already successfully contested a pcn on Heatley and unclear lines, decided just to go for lack of two dates on PCN.

just quoted and enclosed "bury -v- Mcarthur" and victory is mine.

This post has been edited by Insider: Sat, 23 Sep 2006 - 18:56
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Jammy1
post Wed, 30 Aug 2006 - 08:42
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Found this letter in the South London Press, Aug 29 2006: "My victory in parking battle"

This post has been edited by Insider: Sat, 23 Sep 2006 - 18:57
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fearmonkee
post Sat, 2 Sep 2006 - 12:58
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My First 2 success stories here:

Leicester City Council 0 Fearmonkee 2


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rambo
post Sun, 10 Sep 2006 - 19:50
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Transport For London
Recieved a parking ticket for being parked in a suspended bay, the sign saying suspended bay was about 8in square, and you can't see it until you are in the bay, ticket is issued by camera.
I wrote a letter to TFL and they cancelled it stating they made a procedure error.

Camden council
Recieved a camera ticket for an illegal u turn. The PCN stated " 28 days from date of this letter....".
I wrote to camden a told them I would not pay as the PCN as it was illegal under the road traffic act and quoted "Lukha -v- Alyesbury". They wrote back and cancelled ticket.

This post has been edited by Insider: Sat, 23 Sep 2006 - 18:58


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BikerPaul
post Mon, 18 Sep 2006 - 23:18
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Camden

Camden faled to file and serve a defence to a claim for the refund of the costs of a defective ticket.
Judgement for 84.98 including costs and interest. Bailiffs on Monday 2 October if they dont pay up by then.

This post has been edited by Insider: Sat, 23 Sep 2006 - 18:59


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Lord, give me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to burn the gatso's I chop down

Fraudulent appeals companies found - 7.
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Wayne Pendle
post Thu, 28 Sep 2006 - 19:29
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Buckinghamshire County Council:

Made representation to Council, indicated that Ombudsman had deemed that rights to appeal information on NTO was to vague and that lines and signage was unlawful.

appeal accepted by Council as they have admitted theparking bay lines were not clear. I will be following up with a letter informing them that as a result of my appeal, they are to refund everyone else who were fined on those same lines as clearly the traffic order was unenforcable as a result. I know they've dropped a huge bollock with regards to the signs, i'll be watching to see if these are changed too.

Council accepted that their NTO was being changed to reflect the Ombudsman's findings but not that their NTO was unlawful as a result.

Are we beginning to finally see the making of an honest Council????? It would be nice but I doubt it!! We shall see. Actually i've been laying off of Bucks CC recently, too much other stuff going on. Hope they realise there's plenty more for later (escpecially when the traffic management act 2004 goes live laugh.gif )


OH, I forgot to mention, It's been interesting receiving reports as to which parking related websites their members of staff have been visiting too wink.gif

This post has been edited by Wayne Pendle: Fri, 29 Sep 2006 - 15:53
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Krakers
post Wed, 4 Oct 2006 - 16:40
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Received an NTO and made formal representations after my first representation was dismissed. Received a letter today from Wigan Council stating : "On review of your case it has become apparant that a technical error has occured with the issue of the Penalty Charge Notice, therefore I am unable to process it in this instance."

PCN cancelled - Wigan 0 - Krakers 6.

Funnily enough they have the cheek to say "Notwithstanding this decision, the Council may be obliged to enforce any similar future contraventions". They've admitted it wasn't a contravention, so I'm not sure what they're prattling on about.

Krakers.
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Des
post Sun, 15 Oct 2006 - 15:47
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For information I am posting re. a Camden ticket, received earlier this year. One of many tickets regularly picked up when parking legally displaying a blue badge.
The blue badge is not recognised in much of central London, thus it is very confusing and usually impossible to know where parking is allowed. The usual brief is to put a token payment in a pay and display or meter and an extra hour is allowed. P.A. is then very likely to ignore badge / additional hour, and issue a ticket, next step is hassle of sending off photocopies of badge with covering letter, to get ticket cancelled. Of late however, I have found that the first badge photocopy / letter gets ignored and an NTO is issued, so for the past year or so, I have found it necessary to phone one of the buggers, explain what has happened, get their name and send another photocopy addressed for their attention. This has long since become tedious so I was delighted earlier this year to take a fresh approach, in hauling them up over a flaw in the NTO, where it is stated ‘Before the period of 28 days of the date of this notice you must pay’ where I was actually entitled to 28 days from receipt, they deny me of at least 2 days while it’s in the post, and thus is an unlawful document, and they’re not getting their filthy claws on my money. I am grateful to Mr. Pendle for his help in this matter, he walked me through filling in the stat dec etc. and I’m ashamed to say I have recently received an NTO from Kensington and Chelsea, with the same flaw, and I didn’t notice, had to have it pointed out to me after posting, on this one however, I hope to have fun querying NCPs authority to issue on behalf of Kensington and Chelsea.
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Clear Skies
post Fri, 20 Oct 2006 - 09:19
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ANGEL : angel7.gif

http://forums.pepipoo.com/index.php?showtopic=14953&st=0


Yellow lines, but little angel due soon .. sympathey vote following letter from the midwife .

The lines wouldn't of stood scrutiny anyway..


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jeffreyarcher
post Thu, 26 Oct 2006 - 22:54
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Tinbasher. Bristol, three tickets, defective road markings.
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scotchio
post Mon, 6 Nov 2006 - 09:45
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PCN for not parking properly within bays.
Issued in Crystal Palace (Croydon Council)

Grounds of appeal was that the parking signs were not positioned correctly, stating the traffic sign manual.
http://forums.pepipoo.com/index.php?showtopic=14748

I received a letter stating my representations had been up held and the PCN was cancelled they have even offered to refund my penalty charge if I had already paid it!

Get in!
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mr2
post Wed, 8 Nov 2006 - 11:13
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I parked on double yellows down south street, weybridge for a couple of minutes to nip into the tesco local. When I came out there was a council parking vulture putting my reg no. into his computer. I got in the car and drove off before he had a chance to put a PCN on my car (I don't think he had even printed it off by that time).

About a month went by and I received a NTO through the post saying a PCN had been issued and hadn't been paid.

I phoned the council to establish if they had any photographic evidence and the guy said 'no, but we don't need any, the attendant says he put the PCN on your car as you drove off.'

Having recently lost a speeding case I realised it would be their word against mine (any guesses as to who normally wins in that situation?) Armed with a digital camera it wasn't hard to find numerous breaks in the lines where roadworks had been.

A strongly worded letter had the whole case dropped.
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countrybluenose
post Thu, 9 Nov 2006 - 13:49
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Parking Charge Notice recieved following my vehicle having over stayed its time in a supermarket car park.
Although I was the owner of the vehicle,I was not responsible for parking there.This was pointed out to Total Parking Solutions Ltd.,PO Box 599,Borehamwood and they cancelled the notice. Thank you to those who assisted.
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twokcc
post Wed, 15 Nov 2006 - 15:11
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Sheffield parking on double yellows 9/7/2006
Only one date on ticket.
Qouted Jackson judgement Moses v Barnett
PCN cancelled 10/11/2006
Thanks for all advise on forum
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DW190
post Wed, 15 Nov 2006 - 18:56
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Bolton Single Yellow 9/8/06
Informal Appeal before NTO on signage and Non Compliant PCN. Acknowleged and put on Hold.
After reminding them I was sick of waiting received response PCN cancelled due to clerical error on PCN. (Likely Story)


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jonsutters
post Wed, 15 Nov 2006 - 23:23
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This week the NPAS adjudicator favoured my appeal against Bedford County Council.

My car was ticketed at 7am, in a parking bay which had been temporarily suspended. The bay normally operated from 9am to 5pm. The temporary sign, fixed above the normal 'time plate', stated the day and date of the suspension, but the council lazily used the words '1 day' instead of 'at any time' or some specified hours.

The adjudicator agreed that it was 'inappropriate' wording, considering the sign specifications described in the 2002 Traffic Regs, and so it had caused sufficient ambiguity that the offence did not occur.

This website encouraged me to see the appeal through, and it was a good resource to help find the exact grounds for appeal. Thanks.
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