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Incandescent
Posted on: Yesterday, 21:32


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OP, just so you understand....
The Hire company get the first PCN because the V5C has their name and address on it. However, as a hire company, they can appeal on the basis they hired the vehicle out, but must supply the hirers name and address. If they do this, then PCN 1 is cancelled and a second PCN issued to the hiring party (you). Only at this stage can you pay or appeal. Some hire companies just pay the PCN and off charge it to the hirer.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425597 · Replies: 21 · Views: 151

Incandescent
Posted on: Yesterday, 21:18


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QUOTE (stamfordman @ Mon, 15 Oct 2018 - 18:01) *
Post pics and docs. Use a site such as https://imgbb.com and post the BBcode embed links.

+1
The good news, (if there is any !!), is that you have now paid all there is to pay, so it is a no-brainer to take them all the way to adjudication if necessary. However you do need a reasonable case to present, which you can prepare with our help.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425583 · Replies: 2 · Views: 35

Incandescent
Posted on: Yesterday, 16:46


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Its called a Fob Off under the unofficial principle of "don't rock the boat, for heavens sake".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425442 · Replies: 90 · Views: 3,319

Incandescent
Posted on: Yesterday, 11:15


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From your description, the exit was not clear when you entered the box, merely that the traffic was moving. To avoid getting a PCN you have to be sure that you can cross the box without stopping, and the only way to be sure is not to enter until there is space to accept your vehicle on the other side.

However until we see the video, its impossible to give final advice.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425336 · Replies: 8 · Views: 139

Incandescent
Posted on: Sun, 14 Oct 2018 - 21:16


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QUOTE (Spinstorm @ Sun, 14 Oct 2018 - 22:09) *
I did not go shopping. I will appeal and if I fail then fine.

It is an engine fuel pressure malfunction which causes the car to stall and not start until the fault has cleared. Which takes around 20 minutes as I have learned.

But £55 for my car breaking down is not something I’m going to pay without appealing.

Fine, but do make sure you get all your ducks in a row for when you get to adjudication. You need to prove what you have told us, and the simplest way is a letter from the garage. The plain fact is you were prevented from proceeding by matters beyond your control. However be aware that if you get to London Tribunals the discount option will have gone, so the full £110 will be in play. I hope you get a sympathetic adjudicator too, like one who has suffered from the motor trade being unable to fix faults !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425200 · Replies: 14 · Views: 185

Incandescent
Posted on: Sun, 14 Oct 2018 - 21:09


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My memory is that an appeal did succeed on the basis that a YBJ can only cover the junction area. Any extension beyond the junction is invalid as a YBJ. The CCTV photos do show the yellow markings extending some way beyond the actual junction, so well worth following up. I believe HCA found the relevant regulations on this. Last year is was, I think.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425196 · Replies: 11 · Views: 221

Incandescent
Posted on: Sun, 14 Oct 2018 - 17:02


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Your friend looks half-in/half-out of the box to me, so not de minimis. Only the video can show how long stopped and the circumstances, so he needs to ask TfL for the video, but not miss deadlines whilst they send it out as TFL have cocked-up in the past.

With four cars in contravention, it must be a nice little earner there, (4x £65/130 = £260/520)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425135 · Replies: 11 · Views: 221

Incandescent
Posted on: Sat, 13 Oct 2018 - 19:51


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Fair enough, and hope you manage to get to the desired situation with the PCNs.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424958 · Replies: 25 · Views: 371

Incandescent
Posted on: Sat, 13 Oct 2018 - 19:49


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A craftily edited video omitting the earlier drive up the street to the T-junction, thus making it look as if the OP reversed into the street. This is close to falsifying evidence.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424957 · Replies: 9 · Views: 161

Incandescent
Posted on: Sat, 13 Oct 2018 - 18:19


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QUOTE (AAAmellow @ Sat, 13 Oct 2018 - 14:53) *
QUOTE (Incandescent @ Fri, 12 Oct 2018 - 20:56) *
None of your photos of the wall signs outside the school is of any relevance to the contravention. The PCN would have been issued for you parking on yellow zigzags on the carriageway outside the school. There would have been a sign indicating the times and days they applied.


Sorry for the late response.

Yes the sign does in fact say "No stopping on entrance markings Mon to Fri 8:00 to 9:30am and 3:00 to 4:30pm"

https://goo.gl/maps/Sjkz1Qu7BwP2

So you are 'bang-to-rights' then ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424932 · Replies: 25 · Views: 371

Incandescent
Posted on: Fri, 12 Oct 2018 - 20:42


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QUOTE (gpk @ Fri, 12 Oct 2018 - 21:26) *
Thanks, and yes that makes sense. I guess I'm naive or old-fashioned but I am still surprised at the way a public service is carrying on. Just who do they think they are serving?!!!

The Council have misquoted the regulations I think, they say they have "not been notified" about the Appeal to the Adjudicator whereas that page you linked says "A Notice of Rejection has been served and within 28 days, beginning with the date of service of that notice, no appeal to the adjudicator has been made". It certainly has been made and I have been notified of the hearing date.

The whole process does feel unfair. They don't properly consider my representations. They respond with false information about a matter of fact. They issue a Charge Certificate without due reason. I feel I have the whole force of the law hanging over me, if I miss a step then..... But presumably it is just a poorly programmed machine that is spewing out things like the Charge Certificates. OK I have statutory grounds but I'd rather not have to make a Witness Statement etc. The whole thing is a huge waste of time and energy. It's the way that they keep on going that is worrisome. Anyway that's all off-topic I suppose.

Will post the CC later. Need to eat first! Thank goodness for this forum! icon_super.gif

It's all about getting the cash in, traffic management has nothing to do with it. So they game the system to their own advantage.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424713 · Replies: 66 · Views: 3,045

Incandescent
Posted on: Fri, 12 Oct 2018 - 19:56


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None of your photos of the wall signs outside the school is of any relevance to the contravention. The PCN would have been issued for you parking on yellow zigzags on the carriageway outside the school. There would have been a sign indicating the times and days they applied.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424705 · Replies: 25 · Views: 371

Incandescent
Posted on: Fri, 12 Oct 2018 - 19:52


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Photos show you are bang-to-rights but if car was there continuously only a single PCN should have been issued. Maybe the house owner complained twice ! CEOs will not want to get into an argument with the resident on the second ocasion, so will just whack-out another PCN for a quiet life. Council should cancel the second on "continuous contravention" basis. They could, of course, have towed you away, so best park more carefully in future.

They may, of course, refuse to cancel the 2nd PCN in which case you'll have to take them to adjudication with the full PCN penalty in play.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424704 · Replies: 4 · Views: 65

Incandescent
Posted on: Fri, 12 Oct 2018 - 19:42


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There is no mileage on the yellow line itself, it is clear enough making you bang-to-rights, unless you can show the restrictions sign was not present. Any motorist parking on a single yellow line is under a duty to look for the restrictions sign. I reckon a win at adjudication is unlikely, unless the PCN contains fatal errors of content. Far too many motorists are insouciant about parking on yellow lines; they tend to be ruthlessly enforced nowadays as the penalty income is so good.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424700 · Replies: 13 · Views: 156

Incandescent
Posted on: Fri, 12 Oct 2018 - 13:15


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Normally the DART people are very reasonable on this, and will accept the difficulty you had and just ask for the extra money, but it being a hired van may complicate matters. What the van hire company should do is appeal the PCN on grounds of being a hire company and provide your name and address as the hiring party. A fresh PCN is then sent out, which you can then appeal or pay.

The fact is you did make a payment, albeit not enough, so contact DART to explain matters and they will likely cancel the PCN and send you a letter to pay the outstanding £1. Nothing is guaranteed, mind you, so if you get into difficulties come back here again.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424558 · Replies: 3 · Views: 102

Incandescent
Posted on: Fri, 12 Oct 2018 - 13:10


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QUOTE (hcandersen @ Fri, 12 Oct 2018 - 11:40) *
almost as if they knew they didn't have a leg to stand on but did everything they could to get me to pay anyway...


"You might very well think that; I couldn't possibly comment" biggrin.gif

It's called "gaming the system", and far too many councils are playing it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424556 · Replies: 40 · Views: 1,264

Incandescent
Posted on: Fri, 12 Oct 2018 - 09:42


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As usual, post up the PCN and provide a GSV link to the location. If you took any photos, then post these too. It's fatal to park on single-yellow lines without knowing the restrictions. Councils dine out on motorists like yourself who think "it'll be OK, I'll only be there a couple of minutes". Your suggested appeal based on badly maintained lines and signs could win, but you have to prove it, and to an adjudicator too, as councils never admit their signs are inadequate. This would mean risking the full PCN penalty as the discount option will have gone.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424465 · Replies: 13 · Views: 156

Incandescent
Posted on: Thu, 11 Oct 2018 - 21:34


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Try this:-
"There is no sign, or yellow hatching markings, nor any other restriction marking by that space indicating it is not a parking space"

If it were me I'd be taking them to adjudication, and bug*er the extra money if I lose.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424375 · Replies: 15 · Views: 226

Incandescent
Posted on: Thu, 11 Oct 2018 - 17:25


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QUOTE (Bahar20 @ Thu, 11 Oct 2018 - 18:05) *
The appeal was allowed as it was necessary to enter that road for delivery ...
Thank you very much for your help

Well done, but why no runsheet with your reps as I'm sure this would have saved a lot of hassle.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424275 · Replies: 26 · Views: 976

Incandescent
Posted on: Thu, 11 Oct 2018 - 14:06


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QUOTE
Does the lack of evidence on the council website and the unclear pictures on the letters provide a defence to challenge the PCN?

Unfortunately no. The evidence is the video, (and te PCN), which is the sole evidence and which is viewed by the adjudicator if you take it that far. Many cases are won when the council fail to supply the PCN in the evidence pack.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424230 · Replies: 7 · Views: 201

Incandescent
Posted on: Thu, 11 Oct 2018 - 14:05


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Post up the PCN and give a GSV reference saying where you parked. If this is your only thing to appeal on, then you'll lose, I think.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424228 · Replies: 4 · Views: 193

Incandescent
Posted on: Thu, 11 Oct 2018 - 12:28


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QUOTE (parkingpirate @ Thu, 11 Oct 2018 - 13:15) *
QUOTE (cp8759 @ Fri, 24 Aug 2018 - 22:41) *
You only hope is to submit evidence of your regular use of the car park, and your regular payments, and ask the council to exercise discretion to cancel. Also mentioned the overpaid session. Once you get a reply post it on here for further advice.


Did the trick cheers!

By which I assume they cancelled the PCN. Well done !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424202 · Replies: 7 · Views: 205

Incandescent
Posted on: Thu, 11 Oct 2018 - 12:02


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QUOTE (hinyorks @ Thu, 11 Oct 2018 - 11:30) *
I also stated that it was hard to find 3 images that did not show the police car and queried how they had managed to find them - as you can see this was not addressed in their response.

It is called "gaming the system". Not actual lying but being economical with the truth to almost be a falsehood
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1424191 · Replies: 56 · Views: 2,084

Incandescent
Posted on: Wed, 10 Oct 2018 - 17:11


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Personally, I'd prefer a campaign on the iniquities of council-run PCN enforcement, (parking, bus lanes, and others in London). There is a helluva lot of councils gaming the system to their own advantage in the full knowledge that there are no sanctions on them for doing so.
  Forum: News / Press Articles · Post Preview: #1423918 · Replies: 16 · Views: 396

Incandescent
Posted on: Wed, 10 Oct 2018 - 09:32


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Well as you are finding out, the law is a complete ASS when it comes to what is a bus lane. Unfortunately adjudications and, indeed, a High Court decision I believe, are against you, as one of the classes of traffic allowed is buses, ergo the street becomes a "bus lane" despite what the Highway Code may say. Whilst I find the situation as distressing as yourself, our "Lords and Masters" are at 40,000 feet at the moment so don't expect any changes soon to make it all clear,
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1423740 · Replies: 16 · Views: 156

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