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PASTMYBEST
Posted on: Yesterday, 21:07


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post the pcn your reps and the rejection. No time limit but 3 months or so can be argued as unfair
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383584 · Replies: 1 · Views: 38

PASTMYBEST
Posted on: Yesterday, 21:03


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oh the misprint can be very important. The PCN does not contain information that the regulations say it MUST it is therefore an invalid document. But that's for another day your grounds re the red car are very strong. Unfortunately the councils get to keep the money so are unlikely to cancel and you will need an adjudicator to find for you
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383579 · Replies: 10 · Views: 145

PASTMYBEST
Posted on: Yesterday, 20:58


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What is the restriction for the yellow line?

They have used the wrong contravention as you were not in a parking place buts let get everything lined up
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383576 · Replies: 7 · Views: 87

PASTMYBEST
Posted on: Yesterday, 19:03


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I see the printer is still out of alignment so the PCN does not show the penalty

I see the printer is still out of alignment so the PCN does not show the penalty
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383557 · Replies: 10 · Views: 145

PASTMYBEST
Posted on: Yesterday, 18:42


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Representations against PCN number xxxxx

dear Mr parking

I make these representations on the multiple grounds

1:- That there has been a procedural impropriety on the part of the enforcement authority; regulation 4(4)(f) of the appeals regulations.

Schedule 1(1) of the general regulations list the information that a PCn must contain in order to comply with statute.

at (1)(e) the grounds on which the civil enforcement officer serving the notice believes that a penalty charge is payable is required
at 1(1)(d) the date and the time at which the alleged contravention occurred; are required.

I parked my car within the confines of the parking bay in question at approximately 08.30. This being the case, the bay allowing parking for one hour. No contravention could occur until 09.30. The PCN states at 08.51 on DD/MM/YY my car was seen in circumstances that give the CEO reason to believe that a contravention occurred. My car was parked lawfully in a permitted parking bay at 08.51 and the CEO could have no reason to believe otherwise. The time printed on the PCN neither states it is the time of contravention a PI of its self it is also comfortable within the allowed time of one hour

2: -That the alleged contravention did not occur;

As stated above the PCN is required to state the reason it is believed a contravention occurs. This PCN states "Stopped where prohibited (on a red route or clearway"
The TMO creates a parking bay with a one hour restriction. I could not be stopped where prohibited within a parking bay that is open to all classes of vehicle within the time allowed by the TMO

The PCN fails to inform me in a manner that I can understand the grounds for issue are

7(2) of the appeals regulation requires that if a statutory ground is made out that the PCN must be cancelled. This PCN fails on three grounds , two instances of PI and one of contravention did not occur. As such TfL should now cancel this PCN

This needs a fair bit of tidying, (having a hypo) but i keep saying I'd get it done
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383553 · Replies: 44 · Views: 951

PASTMYBEST
Posted on: Yesterday, 15:07


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QUOTE (aappllee1 @ Sun, 20 May 2018 - 14:30) *
So do I pay the £65 fine or appeal it further?...


Having seen the video I would they cannot show the situation on entry to the box

2160264616

Paragraph 7(1) of Part II of Schedule 19 to the Traffic Signs Regulations and General Directions 2002 provides that no person shall cause a vehicle to enter a box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicle.
In this case the closed circuit television evidence produced by Transport for London does not show the Appellant’s vehicle as it enters the box junction.
Although the vehicle does stop within the box junction, I cannot determine the position when the vehicle actually entered the box, as this is completely outside the focus of the camera.
Considering all the evidence before me carefully I cannot find as a fact that, on this particular occasion, a contravention did occur.
Accordingly, this appeal must be allowed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383516 · Replies: 16 · Views: 543

PASTMYBEST
Posted on: Yesterday, 15:01


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Very good chance of winning
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383513 · Replies: 10 · Views: 145

PASTMYBEST
Posted on: Sat, 19 May 2018 - 14:45


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QUOTE (cp8759 @ Fri, 18 May 2018 - 23:33) *
Yes and your case is still close to hopeless. If you show us the TRO we can check.


Signs and lines if IIRC have been re done but the photos posted by the OP have timed out. I do believe looking at this the OP could face a costs award against
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383415 · Replies: 23 · Views: 654

PASTMYBEST
Posted on: Sat, 19 May 2018 - 14:32


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QUOTE (EightyCap24 @ Sat, 19 May 2018 - 10:33) *
cp879 and PASTMYBEST - thanks for your input, much appreciated. In terms of what happens next, the letter says not to reply/add anything more to my current appeal and to wait until the NtO arrives - once that happens, should I just throw both reasonings at them?


No post it here and we can help you draft it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383414 · Replies: 19 · Views: 683

PASTMYBEST
Posted on: Sat, 19 May 2018 - 14:26


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See section 36(2) My reading of it is that a sign is only lawful if it denotes a regulation

http://www.legislation.gov.uk/ukpga/1988/52/section/36
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383413 · Replies: 149 · Views: 8,306

PASTMYBEST
Posted on: Fri, 18 May 2018 - 23:20


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QUOTE (cp8759 @ Fri, 18 May 2018 - 23:33) *
Yes and your case is still close to hopeless. If you show us the TRO we can check.


The words vexatious and frivolous spring to mind
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383364 · Replies: 23 · Views: 654

PASTMYBEST
Posted on: Fri, 18 May 2018 - 21:03


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QUOTE (DancingDad @ Fri, 18 May 2018 - 22:01) *
Normal interpretation says this sign says suspended between dates shown, between specified hours each day.
Can be no other given that is the normal format for parking restrictions.
ie, No Waiting, Mon to Sat, 9am to 6pm

If they meant differently, they should not have used a format that means something else.
What they describe should have been
From 29th Jan 9.00am
To 31st March 18.00.

Mind you, it's Lambeth and they make it up as they go along.

Sarah, you will have to be prepared to fight this all the way to adjudication and risk full penalty rather then discount but I cannot see you losing.

Post up the PCN please, your challenge and full rejection plus any council photos, let's see what else we have.


+!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383341 · Replies: 10 · Views: 181

PASTMYBEST
Posted on: Fri, 18 May 2018 - 20:42


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you need to make sure your representation is with the council by the 12th of June so keep an eye on the thread. For now post the rest of the PCN all pages then if you have not heard from us in the next 10 days bump to remind us.

we are happy to help but all have other things to do
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383334 · Replies: 23 · Views: 425

PASTMYBEST
Posted on: Fri, 18 May 2018 - 19:19


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QUOTE (farenheit @ Fri, 18 May 2018 - 20:09) *
1st request via email to Parking Services:

QUOTE
This is an automated response, please do not reply to this email.

Thank you for contacting Parking Services, your case is being dealt with
and you should receive a reply within 2 weeks.

Please ensure that you have quoted your Reference Number ie MC12345678 in
your email, as this will ensure your case is dealt with efficiently and
promptly. Please resend your email quoting the reference number, if this
was omitted from your original enquiry.


2nd request via web CCTV:’
QUOTE
Thank you for your request for CCTV footage made on 17 May 2018 20:52:26:1433. Any footage relevant to your request will be preserved by the Council as soon as possible.

You will be contacted using the email address provided when your request has been processed. Requests are dealt with as quickly as possible, but it sometimes takes up to 40 calendar days to process requests for CCTV footage.



Keep the second one at appeal it can be used to argue failing at 8(6) of the regs

(6) Where the recipient of the notice makes a request under paragraph (5)(m), the authority shall comply with the request within a reasonable time.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383316 · Replies: 23 · Views: 425

PASTMYBEST
Posted on: Fri, 18 May 2018 - 19:01


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QUOTE (cp8759 @ Fri, 18 May 2018 - 19:27) *
QUOTE (EightyCap24 @ Fri, 18 May 2018 - 18:05) *
cp8759 Oh shoot, I see what you both mean. Too late to use that to contest I suppose

How about the update, is there anything on there that looks dodgy?

It's not too late, unless you've already paid. You can use this to contest at the NtO stage, the council will likely reject (because they'll never accept their PCN template is wrong) but you could take this to the tribunal.

To expand on the point, the regulations say a PCN must state that

if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served—
(i)those representations will be considered;
(ii)but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.


The essence of this is that, if you make informal representations, but the council serves a NtO, the informal reps are confined to the dustbin of history and the recipient of the NtO must either pay or make formal representations. For the council to say that further representations must be made in the form and manner specified in the NtO is misleading and prejudicial. It can give the impression that you only need to make reps in the form and manner specified in the NtO if you have something further to say. Imagine this scenario:

You make informal reps which you think are compelling and justify the cancellation of the PCN.
You receive the NtO.
You have nothing to add to what you said in the informal reps, so because you don't have anything to add, i.e. you don't wish to make "further" representations, you mistakenly sit back and relax and wait for the council to answer your original representations.
The next thing you know, the 28 days are up and the charge goes up by 50% because you didn't make formal reps against the NtO.

Therefore because the PCN does not convey the meaning of the regulations, and because the wording of the PCN is potentially misleading/prejudicial, the council has committed a procedural impropriety and the PCN must be cancelled.

If you have a look on the forum for appeals based on regulation 3(2)(b)(ii) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 you'll find plenty of examples. It's not guaranteed that this will work, but IMO it's the best shot you've got.


That's the flaw i was talking about, and nicely reasoned by CP. It is a good shot but IMO of equal value is the signage. I do not think all the entry signs are all there and there are no repeaters in what is quite a big area. Ms Shepherds recent decision could be used as support

https://www.trafficpenaltytribunal.gov.uk/d...%20decision.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383312 · Replies: 19 · Views: 683

PASTMYBEST
Posted on: Fri, 18 May 2018 - 13:25


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QUOTE (cp8759 @ Fri, 18 May 2018 - 13:53) *
Show us the video then.


link in OP cp
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383217 · Replies: 9 · Views: 244

PASTMYBEST
Posted on: Fri, 18 May 2018 - 13:23


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QUOTE (tomsomewhereoutthere @ Fri, 18 May 2018 - 14:11) *
QUOTE (stamfordman @ Fri, 18 May 2018 - 11:13) *
As I said if it were me I would press on with this. Two main grounds.

1. Exemption to contravention as it was allowable time to get car out of garage, lock up, and return to car, with conversation with CEO to this effect.

2. The one hour restriction is there to deter commuter parking not to penalise residents going about their business and the council has a duty to consider your position as a resident, holder of a permit for another car and no doubt council tax payer under government fairness guidelines.



Excellent points. Thank you.
Point 1 - I have tried and they rejected (at the first challenge that is) but ...
Point 2 - seems critical to any 'reasonableness' in that presumably it would be 'de minimus' to consider 4 minutes would impact the purpose of the parking

?


It is a sad reflection of the integrity of council parking departments that the norm is to reject informal challenges. They do little better with formal representations, i suppose there rationale being that they need prove a contravention, if you claim an exemption the onus to prove eligibility to that falls on you. They forget that they should give reasoned consideration to your evidence, rather passing it on to an adjudicator to make the finding

Could be I'm being harsh and they just don't know the law they seek to enforce
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383216 · Replies: 35 · Views: 781

PASTMYBEST
Posted on: Fri, 18 May 2018 - 11:29


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grace period is still in play until the expiry of the ten minutes not during the 10th minute so should not have issued a PCN til start of the 11th minute

post up the PCN
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383171 · Replies: 5 · Views: 206

PASTMYBEST
Posted on: Fri, 18 May 2018 - 11:03


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QUOTE (sweet sensation @ Fri, 18 May 2018 - 11:51) *
Ok sent. Ive taken a screenshot but have also received a confirmation email. I will keep you posted. Roughly how long do these things drag on for?!! Thanks again for all your help biggrin.gif


Ha one case in Bristol that we put technical argument to them, never got a response. There is no statutory time limit for the council, usually a month or so. After about 3 month it can be argued asunfair
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383166 · Replies: 23 · Views: 487

PASTMYBEST
Posted on: Fri, 18 May 2018 - 10:42


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These are the regulations to be followed

http://www.legislation.gov.uk/uksi/1996/2489/contents/made

Post up both sides of the PCN, council photos and a GSV for us to have a look foor options
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383159 · Replies: 2 · Views: 88

PASTMYBEST
Posted on: Fri, 18 May 2018 - 07:15


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QUOTE (efunc @ Fri, 18 May 2018 - 00:30) *
I'm back now and today is the last day I can pay up at the discounted rate, so I should decide which option to take. Have you had a chance to give it a look? Thanks


Yes had a chance to look through, just not to draft anything, Your argument re the contravention is weak and i would concede that the council have given a viable explanation and thus not contest it. Your second point however is valid and that the council give it no consideration at all is another failing on their part.

There can be no guarantees but I would risk it. It make no difference if you are going to appeal as to it being today or in the next two weeks so let me know if you intend to appeal i will draft it for you on Sunday
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383074 · Replies: 33 · Views: 1,014

PASTMYBEST
Posted on: Fri, 18 May 2018 - 07:04


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QUOTE (lashes1984 @ Fri, 18 May 2018 - 07:51) *
We don’t know that there has been a delay as the OP hasn’t provided any dates or details. We only have the OP’s word that a warrant of control was issued a year after the contravention date. OP hasn’t provided any information of what happened following contravention to receiving a NoE.


QUOTE
The first I knew of the contravention was a notice of enforcement. I called the TEC and I got the dates of the warrant and the contravention. I year and 4 days between them.


We know there's been a delay, unless. we are to stop taking an Op at their word. We also know tat it effectively does not matter unless an out of time statutory declaration is allowed. Success there is where the real help can come from showing documents
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383072 · Replies: 14 · Views: 266

PASTMYBEST
Posted on: Fri, 18 May 2018 - 06:31


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See 8(5)(b) here http://www.legislation.gov.uk/uksi/2007/34...gulation/8/made

If the circumstances permit then the owner has no liability
  Forum: The Flame Pit · Post Preview: #1383068 · Replies: 17 · Views: 693

PASTMYBEST
Posted on: Fri, 18 May 2018 - 06:26


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QUOTE (Lonsdale Man @ Fri, 18 May 2018 - 05:22) *
QUOTE (Wretched Rectum @ Thu, 17 May 2018 - 22:39) *
QUOTE (Lonsdale Man @ Thu, 17 May 2018 - 19:26) *
I got a PCN last year, but the date on the warrant of control given by the TEC is 1 year and four days followng the contravention date.

Is there a time limit for the council to apply for a warrant following the date of contravention?


The limit in most (if not all) civil debt cases is 6 years. Certainly 1 year 4 days is fine. If it were not fine (no pun intended) the court would not have authorised the warrant.



Thank you. Answered the question.


have they?

2170470625

The appellant attended the personal hearing listed for today.
She denied the contravention stating that she had parked at the same location for more than 7 years in order to take her sister who is disabled to Moorfields Eye hospital, having been advised by a CEO that she could park at the location with a blue badge and time clock. When she received this PCN she thought it must have been a mistake but then received a second PCN a few days later.
She believed she had appealed both PCN's within the requisite time frame but kept on receiving threatening letters for more than a year and which has caused her considerable stress.
I have looked through the correspondence and there does appear to be a substantial delay of more than 6 months between the issue of the charge certificate on 5th December 2016 and the Order for recovery dated 28/07/17, without any explanation for the delay.
I therefore find there to have been a procedural impropriety and allow this appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383066 · Replies: 14 · Views: 266

PASTMYBEST
Posted on: Thu, 17 May 2018 - 22:32


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I hate to say it for a TfL PCN but i think the discount might be the best option. TfL c**k up so often but that's really your only hope
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383043 · Replies: 9 · Views: 244

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