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DancingDad
Posted on: Today, 14:35


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QUOTE (peterguk @ Sun, 25 Feb 2018 - 14:23) *
QUOTE (abcd12345 @ Sun, 25 Feb 2018 - 14:10) *
I thought it was all automated in this day and age so chance of such an error on their part would have been slim.


DVLA do not know you are the RK of your vehicle, so can't update the V5C when you update your DL.


And don't do joined up writing anyway.

Probably the most common reason we see where people have got in the mire due to not getting notices is that they haven't updated registration document.
Police seem to be better at tracking and sending notices through, in some instances anyway.
Councils don't bother, they just send notices to RK address and let the PCN progress.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361563 · Replies: 9 · Views: 107

DancingDad
Posted on: Today, 14:08


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QUOTE (chopperferrari @ Sun, 25 Feb 2018 - 14:02) *
.........Thanks - can you clarify what you mean by HCA points? Something missing from my original letter? (when I parked I couldn't see any signs, obviously, they have taken a photo of the wall mounted sign, I didn't see it despite my looking around.)


Posts 21 onwards

I don't know how valid they are as have not double checked but it seems you went back to do so.
If the sign that HCA reckons is at HC16 had no suspension sign, that was you home and dry even if council rejected.
But now relies on whether or not you can show it didn't have one.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361556 · Replies: 39 · Views: 1,275

DancingDad
Posted on: Today, 13:40


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QUOTE (chopperferrari @ Sun, 25 Feb 2018 - 13:32) *
Ok cool. Does that mean that if I lose at tribunal I just pay the fine? or do I get charged other costs?


Only just caught up with this one.
Yes, most you will ever pay is the penalty...as long as you meet deadlines.

I am a little concerned that you chose to ignore HCA points on signage, to me that one is solid and not open to interpretation
Within any parking space a motorist has a duty to check restrictions and are entitled to rely on the first sign they see.
If that does not carry a suspension sign, the council cannot be said to have adequately signed the restriction.
If you parked, looked along row of bays and saw a sign (by HC16?), checked that, checked P&D machine for how much to pay and found it free to park at that time, there is little more that you could be reasonably expected to do.
Even if you parked up, ignored all signs and only checked after the event, one sign without suspension (out of two in the bay) is all that is needed to render the suspension sign inadequate.

Not too late to add this now but will need some evidence that the sign didn't have a suspension sign on it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361546 · Replies: 39 · Views: 1,275

DancingDad
Posted on: Today, 12:25


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QUOTE (notmeatloaf @ Sun, 25 Feb 2018 - 11:53) *
.........Or just go back to that crazy idea that you leave enough room so that if the car in front slams on the anchors or stops suddenly then you still have time to brake? There are enough people who insist on leaving a few car lengths at 60mph that they will simply seek an easier target.
.........


I've seen a few bash for cash videos where the motor swung into a gap and anchored up, not giving the guy they want to claim from a decent chance.
But fully agree otherwise, stopping distance is your friend.
  Forum: The Flame Pit · Post Preview: #1361512 · Replies: 19 · Views: 674

DancingDad
Posted on: Today, 12:20


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QUOTE (notmeatloaf @ Sun, 25 Feb 2018 - 12:02) *
.........Otherwise logically you could include the net worth of a state pension and pension credit in the net worth of someone without a pension.

I think I lost something in translation there ???

Obviously Corbyn does not fall into the super rich category but anyone with assets and salary and pension that he has cannot be regarded as poor
  Forum: The Flame Pit · Post Preview: #1361508 · Replies: 10 · Views: 146

DancingDad
Posted on: Today, 11:37


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QUOTE (stamfordman @ Sun, 25 Feb 2018 - 11:19) *
QUOTE (DancingDad @ Sun, 25 Feb 2018 - 11:02) *
QUOTE (stamfordman @ Sun, 25 Feb 2018 - 00:20) *
..........So you're saying the app didn't warn you?


Doubt that the P&D machine would have either.




Indeed but with the app you could be a mile away and get a message saying do you want to extend the session and if you haven't paid attention to the signage then you're sunk... a bit unfair maybe. If that is what happened.

As DD says let's see the story so far.


Depends entirely on what happened.
If a reminder prompted then I would agree that this potentially misled and would at least be mitigation.
But if simply paid extra as running late.... no excuse

At moment we do not know
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361493 · Replies: 4 · Views: 91

DancingDad
Posted on: Today, 11:02


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QUOTE (stamfordman @ Sun, 25 Feb 2018 - 00:20) *
..........So you're saying the app didn't warn you?


Doubt that the P&D machine would have either.

Signs and lines look okay to me.

Can we see your reps and the reply please ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361489 · Replies: 4 · Views: 91

DancingDad
Posted on: Today, 10:00


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QUOTE (The Rookie @ Sun, 25 Feb 2018 - 01:47) *
But it wasn’t a lamp......so that section doesn’t apply.

Looked like a lamp.
On a stick the way police blue lights are/were
Blue.

Same as everything else, easily interpreted to make the bike look like a police bike.
Add on the Police garments.....

May have not been a working lamp and had Polite instead of Police on jacket plus non police stickers but the overall look was that this was a police rider on a police bike.
With enough being there that the average man would have seen it and automatically thought police.

That all falls fully into the requirements of the act.

Only question in my mind is whether there was intent to deceive, not that I am convinced that part is even needed.

If the blue lamp had not been there, had the word polite not been on the jacket, had something been done to make it look like this is simply a guy riding an ex police bike, I would not believe the act applied.
But he didn't, he put the extra touches in and that left him open.
  Forum: News / Press Articles · Post Preview: #1361476 · Replies: 15 · Views: 503

DancingDad
Posted on: Yesterday, 22:26


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QUOTE (hcandersen @ Sat, 24 Feb 2018 - 21:58) *
Why?

This is not a game............


No, it's not.

We have seen the authorities photos, three different sets.
One set at 11 where the permit can be made out on display but no details.
One set at 12.20 (about) when the permit is photographed in detail and the PCN was served.
One set at 5.30 (about) when again the permit was photographed and the vehicle was removed.

The authority is reliant on those photos to prove their case, let them prove it, with them.
Not with a copy that may be used to highlight whatever the CEOs thought they saw.
Time enough to produce a copy at any appeal hearing or when we know what the authority's case is and we can think on it.

At the moment we can see a permit that to all intents and purposes is correctly filled in.
At least one member here has taken OPs copy photo of the permit and thinks that it may have been previously used.
OP has confirmed that there seems to be indents on other months and days.
OP has confirmed was filled in with ink.
I'd rather not have the authority taking a close look at this point, they have their photos, let them use them.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361430 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 21:39


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QUOTE (hcandersen @ Sat, 24 Feb 2018 - 21:04) *
And you will enclose a copy of the permit, won't you.........


Why HCA ??
The authority saw fit to ignore the permit as far as its lawful display was concerned.
Yet they took many photos of it.
The assumption must be that those photos show what is wrong with the permit and therefore the authority will tell us.
But we are not spotting it from them.
A copy will not make any difference to that but may just give the authority something they do not have now.
There photos show a permit, let them answer that without giving them anything more IMO.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361417 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 18:09


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QUOTE (notmeatloaf @ Sat, 24 Feb 2018 - 17:46) *
Is defamation not a rich mans sport because someone like Corbyn (who I would say it notable rather than rich) .......


Check out Corbyn's worth then tell us again he is not rich
  Forum: The Flame Pit · Post Preview: #1361368 · Replies: 10 · Views: 146

DancingDad
Posted on: Yesterday, 18:02


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QUOTE (4101 @ Sat, 24 Feb 2018 - 17:25) *


QUOTE
It said the worst postcode for ‘induced accidents’ in the whole of the UK is Birmingham’s B11 postal zone, spanning the areas of Sparkhill, Sparkbrook and Tyseley.

Comes as no great surprise seeing those areas topping the list.
  Forum: The Flame Pit · Post Preview: #1361364 · Replies: 19 · Views: 674

DancingDad
Posted on: Yesterday, 16:57


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QUOTE (AJAJ @ Sat, 24 Feb 2018 - 16:55) *
..........Hi, what do you think I should say I was delivering?


Whatever is true.
Nothing else, just the truth.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361334 · Replies: 13 · Views: 286

DancingDad
Posted on: Yesterday, 16:49


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Make point 1
The PCN relied on was incorrectly served, alleging that I had overstayed the permitted time. This is incorrect, a valid visitors permit was clearly on display, your CEO photos confirm this and the allowed time for that permit had not expired. As the PCN cannot be substantiated, neither can the removal.

Drop point 2, wrong contravention. It isn't the wrong contravention if the permit is ignored. That the permit was there and taken notice of (by photos) makes you wonder but the contravention cited is just one that could be used within that parking bay.
How Newham answer about the permit will be telling and may well bring up wrong contravention depending on what they say.
If it does, that can be used at appeal.

Release fee? 4101's point 3. See no harm in it, be interesting to see how council answer and you never know, could put a fail to consider on the table.

And you didn't answer my earlier question, was the permit filled in with INK ????
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361330 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 13:58


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QUOTE (ramy10 @ Sat, 24 Feb 2018 - 13:54) *
QUOTE (stamfordman @ Sat, 24 Feb 2018 - 13:32) *
There's no logic to this one - we'll have to wait and see what the council says when you appeal on the basis that the contravention did not occur owing to display fo a valid permit, as their own pictures attest.

We think the permit may be suspicious but that's not what the contravention is.


you are right that is the only logic nvertheless should i appeal claiming the contravention did not occur only


Use the first ground as a heading... the vehicle had not been left etc etc
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361285 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 13:54


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QUOTE (ramy10 @ Sat, 24 Feb 2018 - 13:25) *
.........if the permit is invalid he would have a different contravention like 16 but why 30

May have been the CEO being nice, using a lower level penalty.
Contravention wouldn't be wrong if the permit is viewed as invalid, just not normal.
And may have been the roving tow truck CEO's decision to lift after the 5 hour elapse from PCN issue time, which TBH would not be unreasonable given the elapsed time.
But that CEO also photographed the permit ????

All I got is a challenge based on WTF did I get a PCN for? I was displaying a valid permit, your CEOs photographed it.
No contravention occurred, the PCN was served in error and without reason and thus the removal was unlawful.
Cancel the lot and give me my money back. (Probably a little more diplomatically then that but don't waffle, straight between the eyes)

Then see what comes back and take it from there.

Just confirm please, the permit is filled in with ink ???
And keep it safe, an adjudicator may well want to see it.
Don't send a copy to Newham, they have photos they seem to be relying on, let them use them to justify ignoring the permit.

Don't use recorded delivery, go to post office and get a certificate of posting (free), if they don't sign for recorded (and often organisations don't) the challenge was not served.
A certificate of posting proves posting and service is thus presumed.

To be honest, I'd also find a fax machine and send a copy that way as well... again, keep receipt.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361282 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 13:21


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Something fishy in the state of Denmark.... or even North Somerset.

To put it bluntly, they have mucked up with a capital F.

Use what they call the Notice of Rejection to appeal to TPT, just follow the instructions.

Use grounds of:-
Contravention did not Occur.
I parked in loading bay to deliver/collect items from my workplace.
Items were (don't lie there is no need) ???
Attached is a note from my company director confirming.

Procedural Impropriety
The enforcement Authority have served a formal Notice of Rejection against informal representations.
Thus missing an entire stage of the enforcement process, the Notice to Owner stage, removing the right of the Owner to make representations and to have them considered and have served a regulatory Notice when the regulations do not allow.
This is defined as a Procedural Impropriety within The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, Regulation 4, Section 5 and alone is grounds to cancel the PCN.

TBH, the loading would be something you would need to explain fully to an adjudicator, the onus is on you to prove necessity not simply convenience.
And looks a little light at the moment.
But they cannot have served an NTO on 8th February, it is simply too early so if they did, they lose anyway.
And serving a proper Notice such as the NOR out of time is a 100% win, especially when they try to flannel about it.

I predict this will be quickly DNC'd (Did Not Contest) once the appeal is registered and someone at the council with some common sense looks at it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361268 · Replies: 13 · Views: 286

DancingDad
Posted on: Yesterday, 12:58


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Nothing you can do except wait and see if anything in post.

For what it is worth, if the guy was working on the Gatso, doubt they were also checking speed.
But opinion, no guarantees.
  Forum: The Flame Pit · Post Preview: #1361258 · Replies: 4 · Views: 202

DancingDad
Posted on: Yesterday, 12:42


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The CEO(s) seems to have taken a lot of trouble photographing the permit.
Not a clue why unless they are trying to show that it is invalid?

Any idea what the extra bit of paper under the PCN envelope is ??

First photos at 11am, some hour and 20mins before second lot.

Seems it wasn't lifted till 5 hours after the PCN was served but I still cannot see why the PCN was served in the first place
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361254 · Replies: 52 · Views: 990

DancingDad
Posted on: Yesterday, 12:21


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Don't use photobucket.
Host on another free site such as flikr then link back.

Bus lane in Brent was never £65 that was discount offer.
So I assume new notice is an Enforcement Notice but we need to see it.
And original PCM and your reps please
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361250 · Replies: 12 · Views: 208

DancingDad
Posted on: Yesterday, 10:36


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QUOTE (Kennyboy @ Sat, 24 Feb 2018 - 10:32) *
............... as there are no visible signs on the photos should I challenge on that point?

Of course you can.
Will fail but that doesn't stop the point being made.
Council will likely rely on photos and road layout diagrams should it come to adjudication and adjudicators usually accept that.
More relevant is whether or not signs are adequate to show the restriction.

We cannot judge that without sight of the PCN and a location (streetview)
Post them please
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361230 · Replies: 3 · Views: 89

DancingDad
Posted on: Yesterday, 10:14


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Certainly need to see the PCN etc
What you've said so far makes little sense of the thread title ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361222 · Replies: 2 · Views: 79

DancingDad
Posted on: Yesterday, 09:51


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Send the reps, specifically ask for all photos that the council may rely on further enforcement.

Relocation instead of removal is normal when a valid permit is displayed, part of the council policy to permit holders IIRC.
Had your permit not been displayed, would have been arguing a removal fee as well.
But even then, IMO they could not have served a PCN before 8.11am as the vehicle was lawfully parked up to the dot of 8am.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361217 · Replies: 23 · Views: 489

DancingDad
Posted on: Yesterday, 09:32


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@MMV
Original Bus Lane permissions for Leeds came from Approved local authorities order 2005
http://www.legislation.gov.uk/uksi/2005/2755/contents/made
That certainly links to the Permitted Parking Area and Special Parking Area approvals and that does exclude M61.
But there is a whole raft of amendments to the 2005 order which I haven't been through and may amend the area.
Certainly worth asking Leeds for the relevant order(s) that include the M61 as a permitted area for bus lane enforcement.

For OP, the stills suggest a minimal intrusion into the bus lane for the purpose of turning left.
And would suggest de minimus, ie too trivial for the law to bother with.
But get the video and confirm, that ultimately is what an adjudicator will base any decision on regards the contravention
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361211 · Replies: 5 · Views: 116

DancingDad
Posted on: Yesterday, 09:05


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I would have thought that a verge with DYLs running alongside could easily be described as a restricted area.
I agree that the order does not specifically make that a contravention unless the yellow line article applies onto the verge and that a more suitable would have been not parked within marked space.
But personally would not risk the discount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361207 · Replies: 9 · Views: 196

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