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Incandescent
Posted on: Today, 07:57


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QUOTE (iFlip92 @ Sat, 21 Apr 2018 - 01:23) *
I gave up and paid in the end. Seems like the hassle outweighs the benefits here for £65 where I've spent more than a day on the matter. I'm not sure how or to who to complain about it as a follow-up really. I think these types of chicanes are inappropriate for the road considering some people have modified vehicles with wider wheelbases or even for eg. if you have a Lamborghini or some US import you can't go through the narrow bit of the road at all. There should be some law about the minimum road width or at least remove the metal side posts and level the pavement so you don't scrape your rims. Nevermind the fact there should be transparency about why that was needed there and built with tax payer money as well as by what regulations has that been built. You don't see this dumb **** anywhere else in Europe.

Complaining about this installation is a political matter you need to take up with your councillor(s).
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376117 · Replies: 23 · Views: 656

Incandescent
Posted on: Today, 07:54


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Put aside any stress you may have. Is the address on the Charge Certificate correct ? If yes, then it looks as if the NtO went astray either in their office or in the post. All you have to do now is wait for the Order for Recovery which will include forms to make a Witness Statement. One of the grounds on the form is "I did not receive the Notice to Owner". This Witness Statement procedure is the back-stop to deal with cases where documents go astray. If the address is not correct you need to check your V5C and get it updated asap.

What you don't want to do is pay the CC. However, you need to contact them again and ask them when they will be issuing the OfR, and then keep contacting them every week until they say it has been sent, OR, you actually receive it. You then fill in the forms, send them off and the process is reverted to the Notice to Owner stage.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376116 · Replies: 37 · Views: 1,341

Incandescent
Posted on: Yesterday, 22:23


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QUOTE (dan79 @ Fri, 20 Apr 2018 - 16:48) *
Its my fault I miss red the date sorry, I was in a rush I always park there I read as it starts 16/4/18 23.59, there was a lot in that area, id parked somewhere earlier like that where it was still ok.

Was that the actual date on the suspension sign, as that indicates it starts at a minute before midnight on the 16th April, but your PCN whilst on the same date, was issued before that time.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376099 · Replies: 11 · Views: 190

Incandescent
Posted on: Yesterday, 22:17


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Having now seen the location, (thanks CP8759), I would say, yes the signs are very prominent, but that it is impossible to read all the information quickly enough to make a decision. There is a load of text that can only be read when quite close up.

There was an adjudication on this in London, I think, where the adjudicator said that the information on the sign could not be read unless the driver stopped. What does the time 7 pm-7am apply to for instance ? Typical Nottingham, of course; set a load of traps and get rich on the proceeds

There is also the vague locus argument too.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376096 · Replies: 5 · Views: 137

Incandescent
Posted on: Yesterday, 19:07


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QUOTE (Motofun99 @ Fri, 20 Apr 2018 - 19:15) *
Thank you for coming back to me.

The car hire company wasn't involved, I paid myself for everything, as I have to drive back to the airport.

I understand what are you saying, but how can I prove to the adjudicator that there was some parking space available?

Thank you for your help.

Difficult, but nothing to stop you saying there were spaces even after you had parked-up. However, as you paid for a different car, as far as the council is concerned at the time the car was seen, no payment had been made to park. In circumstances like this, the tow could be considered justifiable, at least that is what the council will argue at London Tribunals.

I do hope it goes your way tomorrow, but I suspect it won't.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376040 · Replies: 8 · Views: 178

Incandescent
Posted on: Yesterday, 18:58


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+1
The problem we face is that the YBJ legislation is decades old when traffic was a lot lighter and there was no CCTV. Needless to say, YBJs are now a huge money earner to London councils and TfL, and their installation is now so widespread that one has to ask what their purpose now is - traffic management or cash generation. You can bet your bottom dollar that if councils didn't earn shedloads of money from these devices they would not be enforcing to the extent that they do. The legislation has never been pdated to reflect the locations where YBJs have been installed. I expect Parliament considered they would only ever be placed at cross roads. The only hope is that MPs get loads of PCNs for them; then you'll see prompt action !!

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376037 · Replies: 4 · Views: 92

Incandescent
Posted on: Yesterday, 18:48


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QUOTE (soobee11 @ Fri, 20 Apr 2018 - 18:47) *
Thanks guys

Anglers lane is narrow, two cars cannot go up at one time even though it is allowed. As I mentioned my focus was straight ahead and then when I got to the junction I looked to my right. However, are they not legally obliged to give a reason to refuse my appeal?

They have a duty at Common Law to act fairly, so just rejecting with no reason is against that. The statutory grounds for this would be "the penalty exceeded the relevant amount in the circumstances of the case". For parking under the TMA 2004, there is a statutory grounds of "procedural impropriety" to cater for things like this, inter alia "failure to consider". In your case you have to rely on a higher law that trumps the law they are enforcing. The only place this sort of thing gets considered is at adjudication.

If it were me, I'd take them to LT - badly placed CPZ sign, and failure to consider.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376034 · Replies: 29 · Views: 915

Incandescent
Posted on: Yesterday, 18:37


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QUOTE (stamfordman @ Fri, 20 Apr 2018 - 18:12) *
If you don't ask you don't get - so could be worth a polite appeal on minimal contravention. They should reoffer the discount if they reject.

+1
It looks on the borderline for a de minimis appeal (which is normally <20 yards in the bus lane). I'd say you'd probably lose at London Tribunals but it could succeed. Depends on what the adjudicator had for breakfast !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376032 · Replies: 14 · Views: 240

Incandescent
Posted on: Yesterday, 18:33


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You need to find out when the Order for Recovery was issued because until that is issued, and the statutory days for submitting a Witness Statement/Statutory Declaration have expired, they (TfL) cannot instruct bailiffs. As you received the Charge Certificate it would seem your address is getting the mail from them, unless you moved after the CC was issued.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1376030 · Replies: 3 · Views: 103

Incandescent
Posted on: Yesterday, 12:43


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OP, have you read the PCN ? The alleged contravention is for parking in a suspended bay which is normally P&D. So whether you paid or not is irrelevant. You need to remember something else if you want to appeal this, for instance, did you not see any bright yellow suspension signs anywhere. If you could give us a GSV link and tell us exactly where you parked it would help.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375929 · Replies: 11 · Views: 190

Incandescent
Posted on: Yesterday, 08:10


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Nottingham are probably the most ruthless, venal and rapacious council outside London with form going back to the 70s with their ridiculous "Lilac Leopards" bus scheme. If you appeal it, they game the system by delaying replying beyond the discount period, so you have to pay the full amount if they reject your appeal unlike most councils that will re-offer it. All bus lane appeals are "formal", so if you appeal this, and they reject it, the next stage is the adjudicators at the Traffic Penalty Tribunal.

I'm struggling to find this bus gate on GSV, but GSV may be out-of-date
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375819 · Replies: 5 · Views: 137

Incandescent
Posted on: Thu, 19 Apr 2018 - 21:07


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QUOTE (stamfordman @ Thu, 19 Apr 2018 - 21:37) *
You were unlucky there - the car in front had plenty of room in front to fit you in. Personally I think I would argue the toss with an adjudicator on the basis that there was fair expectation.

Well, I have to say I think the OP needs to rethink his/her approach to crossing YBJs as the video shows a clear contravention, with the OP charging without any hesitation at all into the box closely behind the car in front and then has to stop "due to the presence of stationary vehicles". Doing what the OP did will, most of the time, work out OK, but ocasionally, it doesn't as here. The contravention is made out, (as an adjudicator would say).
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375763 · Replies: 20 · Views: 398

Incandescent
Posted on: Thu, 19 Apr 2018 - 12:49


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QUOTE (Neil B @ Thu, 19 Apr 2018 - 12:56) *
Look like DY lines to me.

No signs needed.

+1
And if Neil sees them, an adjudicator will. PCN looks OK, so the discount beckons I reckon. The days when yellow lines had to be perfection are long gone. No signs needed for double-yellow lines.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375606 · Replies: 4 · Views: 139

Incandescent
Posted on: Thu, 19 Apr 2018 - 12:45


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QUOTE (MarkBerg @ Thu, 19 Apr 2018 - 11:48) *
Hi,

When I fill in the witness statement should I attach a letter detailing the dates of correspondence as I remember them.

Also they have sent the OfR only 9 days after the last letter were they said they would give me 14 days to pay. Is that worth mentioning or is that irrelevant?

Irrelevant to the WS, but not to any appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375604 · Replies: 31 · Views: 729

Incandescent
Posted on: Thu, 19 Apr 2018 - 09:58


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In all fairness, the OP is not the first poster on here that thought updating his driver licence would automatically update the V5C. Frankly, I think DVLA could do more to prevent this sort of thing. They could, for instance, for on-line address changes, put up a warning window stating that DL address updates don't update V5C. A 30 minute program enhancement, I reckon.

However this doesn't get the OP out of the situation he's in and as he's paid, it will be mega-difficult to revert the process. I can't see any alternative to whacking out for a CC judge review, and if it fails, the cost is added to the £500 already paid.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375565 · Replies: 10 · Views: 230

Incandescent
Posted on: Wed, 18 Apr 2018 - 21:10


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Thanks for GSV.
As you approach the arrow sign disappear behind the CPZ sign. Does anybody ever look at what they put up from the poor old motorists viewpoint ? Ah, but it makes much more money with this layout !

View 1
https://www.google.co.uk/maps/place/Anglers...&authuser=0

View 2
https://www.google.co.uk/maps/place/Anglers...&authuser=0

View 3
https://www.google.co.uk/maps/place/Anglers...&authuser=0

And why not just use a No Right Turn sign, one each side of the road ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375514 · Replies: 29 · Views: 915

Incandescent
Posted on: Wed, 18 Apr 2018 - 19:02


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Please give a GS|V link as I can't find where it is despite using GSV and the street name.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375473 · Replies: 29 · Views: 915

Incandescent
Posted on: Wed, 18 Apr 2018 - 18:42


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QUOTE (hcandersen @ Wed, 18 Apr 2018 - 17:35) *
NTOs don't have unique references, it's the PCN in each case that counts, and it's mentioned.

Do not get hung up about how you posted, we do not recommend recorded delivery anyway, just first-class with free of charge proof of posting from the post office.

IMO, you are entitled to rely on what you've posted and your recollection and submit your witness statement.

+1
The council have behaved disgracefully in this affair, and with the excessive delay how many of us here can put oor figure on things that occurred months ago. So if it were me, I'd state on the Witness Statement that reps were submitted to the NtO, but no response was received.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375453 · Replies: 31 · Views: 729

Incandescent
Posted on: Wed, 18 Apr 2018 - 18:31


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Sorry to put a dampener on it, but IMHO you will struggle to overturn this and get back to the original contravention so you can appeal. The main problem is that unlike declarations made in-time, for those out-of-time the council can oppose them,so they are invariably refused by TEC forcing you to a CC judge. Then the fees kick-in as stated. If you are going to make an Out-of-Time Statutory Declaration, then in my view you need to have some explanation as to why your V5C address was not updated when you moved addresses twice.Yet you did update your driving licence each time. Puzzling.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375448 · Replies: 10 · Views: 230

Incandescent
Posted on: Wed, 18 Apr 2018 - 12:10


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So,

- 11th Nov 2016 they rejected your informal challenge, date of your submission unknown
- 14th Dec 2016 they issue a Notice to Owner to you as no payment was made within 28 days after sending the above rejection
- 19th Jan 2018 they issue a Charge Certificate as no payment has been made in relation to the NtO, nor (apparently) have any formal reps been received.

So what you need to tell us is whether you responded to the Notice to Owner and if you did, on approximately what date.

You mention getting two PCNs so what happened about the other one ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375327 · Replies: 31 · Views: 729

Incandescent
Posted on: Wed, 18 Apr 2018 - 11:46


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Advance warning sign, but right by bus stop so could be obscured

https://www.google.co.uk/maps/@53.7926816,-...33;8i6656?hl=en

Signs at entrance to bus-only street

https://www.google.co.uk/maps/@53.7927849,-...33;8i6656?hl=en

And if you do turn left, as the sign says, you can't go down it unless you're a taxi, or need access to premises on the street !! However there is a No Left Turn sign as you approach to turn left, and

https://www.google.co.uk/maps/@53.792331,-1...33;8i6656?hl=en

and a No Right Turn if approaching in the other direction

https://www.google.co.uk/maps/@53.7928606,-...33;8i6656?hl=en

Looks like game, set, and match to the council, frankly !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375319 · Replies: 3 · Views: 135

Incandescent
Posted on: Wed, 18 Apr 2018 - 07:57


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QUOTE (igotstung @ Wed, 18 Apr 2018 - 07:43) *
Any help with this one anyone?

You must now appeal the NtO on the same appeal basis, but also state no reply has been received to your informal challenge thus unfairly removing your option to pay the discounted penalty.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375254 · Replies: 29 · Views: 736

Incandescent
Posted on: Tue, 17 Apr 2018 - 21:36


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QUOTE (MrChips @ Tue, 17 Apr 2018 - 22:16) *
bumpity bump smile.gif

Clearly you have read 'Winnie The Pooh" !!

I would submit what you have written but without Para 3 as it is clear from the positioning of the vehicle that the driver intends to go left. I'm also doubtful on the de minimis point as I make it about 6 seconds. It is virtually 100% certain they will reject your reps, so to get a decision either way, you will have to forego the discount and take the matter to London Tribunals. Councils keep every last cent of PCN penalty income so unbiased they ain't !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375214 · Replies: 40 · Views: 1,209

Incandescent
Posted on: Tue, 17 Apr 2018 - 20:40


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Oh woe, woe ! OP throws away all the letters and documents and expects rapid help !

OP, you haven't really helped yourself here in a case which would be eminently winnable if we know what has gone on. The key thing is this: -

1. Did you get a Notice to Owner asking for the full PCN penalty ?
2.Did you send in reps against this NtO
3.Did you get a rejection of your reps in response ?

In order to turn things around, after the Charge Certificate, the Order for Recovery, (the next stage) is snet out, and at this point you can submit a Witness Statement, but on only a limited set of circumstances two of which are (1) you did not received an NtO, and (2) you made reps to the NtO but didn't get a response rejecting those reps. If either of these is true, then the OfR is revoked and matters revert to the Notice to Owner.

So what is it ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375199 · Replies: 31 · Views: 729

Incandescent
Posted on: Tue, 17 Apr 2018 - 20:29


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If OP would kindly post up these "letters" it would make things easier for all of us, OP included !

Charge Certificates cannot legally be issued unless two previous documents have been issued, viz (1) Notice to Owner, and then assuming reps were sent for the NtO, (2) Rejection of Formal Representations letter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1375196 · Replies: 31 · Views: 729

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