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Incandescent
Posted on: Yesterday, 20:51


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QUOTE (RoFo @ Sat, 20 Jul 2019 - 20:33) *
QUOTE (cp8759 @ Sat, 20 Jul 2019 - 17:16) *
At the NtO stage the council has anther opportunity to cancel on the basis of discretion.


Yes, thanks I understand that, but if they have already refused my reps why would they change their mind at the NtO stage? If an adjudicator couldn’t overturn the decision I doubt very much they would change their mind.

Well, OK, that is true, but usually with PCNs and NtOs, any reps against a PCN are looked at by trained monkeys using a computer programmed to issue Fob Off letters, and it's only reps to NtOs that are looked at by somebody with at least half a brain, sometimes all of one ! However the discount option is lost at the NtO stage so it is always a gamble.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501575 · Replies: 15 · Views: 169

Incandescent
Posted on: Yesterday, 20:47


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Op seems not to be aware of the difference between single and double yellow lines. I cannot see how one could possibly miss what the lines were when parking. Maybe because it had always been single yellows so the presence of double yellows, and their significance, was missed. Either way I can't see any win here at all unless the PCN contains fatal errors of content.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501574 · Replies: 12 · Views: 137

Incandescent
Posted on: Yesterday, 20:36


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OP, it is VERY important that you tell us whether your V5C address is absolutely correct. Mail doesn't get redirected if the V5C address is correct and the same as it was at the date of the alleged contravention.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501572 · Replies: 22 · Views: 308

Incandescent
Posted on: Yesterday, 20:31


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QUOTE (cp8759 @ Sat, 20 Jul 2019 - 17:22) *
What you're arguing is mitigation, rather than a statutory ground of appeal. The adjudicator has no legal powers to allow an appeal on the basis of mitigation (or, to use your language, common sense). Threatening to go to the tribunal won't help and could only be counter-productive so I would remove all mention of it.

+1
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501571 · Replies: 6 · Views: 161

Incandescent
Posted on: Yesterday, 20:27


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The OP needs to submit reps that no PCN was served to vehicle or driver on the time/date of the alleged contravention, nor has any postal PCN been issued either. The NtO is therefore an unlawful document and the council have committed a procedural impropriety. This will no doubt be rejected and the OP will have to take them to adjudication, but the penalty remains the same, so it is a no-brainer to do so.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501570 · Replies: 8 · Views: 91

Incandescent
Posted on: Yesterday, 20:19


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QUOTE (nbbcpcn @ Sat, 20 Jul 2019 - 14:46) *
Hi all,

Just wanted to update the thread on the results of my formal complaint. It was accepted and the NTO cancelled.

Thank you so much for all your help.

Is there any way I can give something back?

Maybe a small donation towards the upkeep of the site?

Very well done ! I thought they would play hardball, but it seems not. There used to be a donations button on the forum site somewhere............
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501568 · Replies: 15 · Views: 273

Incandescent
Posted on: Yesterday, 20:13


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QUOTE
In a car, I've been on the road for a month. I used to ride a motorcycle and parked there every working day.

Well of course with a motorbike you'd have been perfectly able to park there without obstructing any driveway, but the footprint of a car is a lot bigger ! My view is that you are bang-to-rights and would serve yourself best by paying the discount and putting this down as a learning opportunity in "Life's Rich Pageant". Of course if the PCN contains fatal errors of content, you might want to test these at London Tribunals, but it would be for the full PCN penalty, not the discounted amount. That's my view, others may differ.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501565 · Replies: 7 · Views: 117

Incandescent
Posted on: Yesterday, 19:58


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QUOTE
I parked in the jubilee bridge car park overnight and have a parking permit that enables me to park there overnight from 6pm to 9am

In all fairness, before we give out advice, can you back up the above statement. The PCN was issued at 08.29 and seems to imply it is a P & D car park, but as others have said, until we see the car park conditions no meaningful advice can be given.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501561 · Replies: 3 · Views: 58

Incandescent
Posted on: Yesterday, 08:18


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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.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501416 · Replies: 22 · Views: 308

Incandescent
Posted on: Yesterday, 08:11


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Are you aware of the restriction on parking by dropped kerbs ? I see no marked bays on the streetview link. For me you look pretty much bang-to-rights as about 12 inches of your car is adjacent to the dropped kerb. This is an entrance to a small car park for what look like flats. If one of these residents complains, the council will enforce by issuing a PCN. No sign is necessary to tell motorists not to park, the dropped kerb is its own sign, essentially
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501415 · Replies: 2 · Views: 94

Incandescent
Posted on: Fri, 19 Jul 2019 - 19:58


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QUOTE (wolfbane @ Fri, 19 Jul 2019 - 16:57) *
Does anyone know how long Salford council , or any council take to get back to yourself once you have challenged an alleged offence in a bus lane , its 6 days since this alleged incident, I challenged this yesterday ?

We have seen weeks pass on this forum. 6 days is nothing at all, frankly. The key point to make is that you must not miss deadlines for appealing or paying in the process. Failure of a council to make the video available is a point to use in an appeal and you would obviously make this point clear when submitting reps to them. Far too many councils are totally casual and sloppy when it comes to their own failings yet crack down on the poor old motorist for the slightest and most trivial contraventions. However, unless you put the matter to the adjudicators and risk the full PCN, they will reject all your reps as they are so greedy for your money.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501376 · Replies: 12 · Views: 210

Incandescent
Posted on: Fri, 19 Jul 2019 - 19:50


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Whilst the statute just refers to an exemption for turning right, it has always been taken as understood, (i.e. what is the intention of Parliament), that the RH turn exemption is into a street that is part of the junction covered by the YBJ, in other words the RH turn is from out of the YBJ, and not at a street further on. Having looked at the video, I reckon you are bang-to-rights as the turn is well beyond the YBJ.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501372 · Replies: 6 · Views: 224

Incandescent
Posted on: Fri, 19 Jul 2019 - 19:39


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Well done ! The power of this forum is demonstrated. I'll bet councils hate us for winkling out their policies and procedures that they publish but don't really want anybody to know about. If the policy is there, why did they not cancel straightaway ? Answer - the money !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501368 · Replies: 21 · Views: 324

Incandescent
Posted on: Fri, 19 Jul 2019 - 19:32


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OK, are you a Sheffield local or just passing through from time to time ? The sole evidence of the allegation is the video, so it you are keen to fight the PCN, you need to view it which you can do on-line according to the PCN. If possible, download it and post it up here so others can assess it. A GSV link to the location would help too, plus the PCN itself, with PCN Number, and your name/car/address blanked-out. Leave everything else in. There may be a fatal error of content in the PCN that makes it void so all sides of it, please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501366 · Replies: 2 · Views: 62

Incandescent
Posted on: Fri, 19 Jul 2019 - 19:23


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As usual for this forum, post up the EN with name, car, and address redacted. Leave everything else in. I'm not sure why you expect Camden to re-offer the discount, the period is fixed in the regulations, so you would be asking for a derogation. Camden are not known for generosity. One of us here is expert in getting videos, so hopefully they will be on here soon. It is important we see the video as there might be grounds for an appeal, (to the adjudicators). What is more important is that you don't miss the deadline to submit reps or pay-up.

Was the EN correctly addressed in accordance with the address on the V5C for the vehicle ? It is unusual for a postal PCN to go astray where the V5C address is correct in every respect.

Edit
If it was a company van, how come your son has received an Enforcement Notice ? Responsibility for payment or appeal of a PCN rests solely with the registered keeper of the vehicle.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501364 · Replies: 13 · Views: 141

Incandescent
Posted on: Thu, 18 Jul 2019 - 22:48


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QUOTE
I don't know if it's worth mentioning that I've only been on the road for a month.

QUOTE
But honestly, I've been parking there on and off for years.

So what is it ?
Parking in front of someones driveway is normally only done when the resident there complains.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501114 · Replies: 7 · Views: 117

Incandescent
Posted on: Thu, 18 Jul 2019 - 22:40


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OP, it is the presence of the yellow kerb blip and the notice "No Loading" that is your problem. You were loading. You have submitted reps based totally on mitigation and the council, eager for the dosh, has decided not to accept your reps. Adjudicators cannot rule on appeals based on mitigation, so you'd lose there, and have to pay the full PCN penalty not the discounted amount. Frankly, unless the PCN contains a fatal error of content then the discount is your best option, sorry to say it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501112 · Replies: 15 · Views: 169

Incandescent
Posted on: Thu, 18 Jul 2019 - 22:33


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QUOTE
What does "bang to rights to me" mean?


It's an old English slang expression used where somebody caught in the act of committing a crime by the police.

https://en.wiktionary.org/wiki/bang_to_rights

We're using it to indicate you haven't a hope in hell of getting this PCN cancelled. You drove for quite some distance in the bus lane. However wait and see what others say
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501111 · Replies: 7 · Views: 103

Incandescent
Posted on: Thu, 18 Jul 2019 - 22:21


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The video is the sole evidence of the alleged contravention. So you need to find out from the council why it is not available for viewing as stated on the PCN. Clearly you were in the bus lane, but the video will show the context and also the distance you drove in it. If the signs are clear, then distance driven in the bus lane is another possible appeal point, but not time. Anything over about 20 yards is unlikely to be viewed as de minimis. Your 100-200 feet is way over this, so if there is no fatal error of content in the PCN the discount beckons, I reckon.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1501110 · Replies: 12 · Views: 210

Incandescent
Posted on: Thu, 18 Jul 2019 - 08:13


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Never assume anything in this game. Too many people do and then bailiffs knock on the door ! Check the status of the PCN with the council.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500829 · Replies: 30 · Views: 1,203

Incandescent
Posted on: Thu, 18 Jul 2019 - 08:10


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Very well done ! The council were trying it on, as usual, as most people would have just coughed-up.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500828 · Replies: 37 · Views: 2,000

Incandescent
Posted on: Wed, 17 Jul 2019 - 16:06


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The PCN must be posted on the day it is produced. Was it ? I see it is dated 8th Feb, a few days after the detection date. So either the Royal Mail lost it temporarily, or it was not sent out in accordance with the regulations. If this were me, I'd be querying the posting date with them.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500683 · Replies: 8 · Views: 212

Incandescent
Posted on: Wed, 17 Jul 2019 - 15:54


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What a disgraceful letter of acceptance. The OP claimed an exemption enshrined in statute, yet they have the gall to indicate they are doing him a favour !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500678 · Replies: 15 · Views: 270

Incandescent
Posted on: Wed, 17 Jul 2019 - 10:56


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Can you give us a GSV link of your approach to the RH turn, please. Also please tell us what is unclear about the first sign. For banned turns there is normally only a sign just before the street concerned.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500571 · Replies: 6 · Views: 137

Incandescent
Posted on: Tue, 16 Jul 2019 - 23:01


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Neil, you're brilliant !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1500506 · Replies: 25 · Views: 581

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