Posted on: Sun, 28 Dec 2014 - 22:40 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Private Parking Tickets & Clamping · Post Preview: #1033458 · Replies: 15 · Views: 6,172 |
Posted on: Wed, 12 Nov 2014 - 20:27 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Hi again, sorry I should have clarified, I live in Portsmouth, so the county court here is my closest county court. Thats why I am wondering what possible reason devere could use to get it switched back to BCC Thanks for your answers "The county court deals with civil cases which are dealt with by a judge or district judge. A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer". http://www.adviceguide.org.uk/england/law_...urts_of_law.htm |
Forum: Private Parking Tickets & Clamping · Post Preview: #1020059 · Replies: 13 · Views: 1,777 |
Posted on: Sat, 1 Nov 2014 - 00:30 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
I'm much more interested in post # 138's picture now: http://forums.pepipoo.com/index.php?s=&...t&p=1016401 Why?, you thinking of selling it to Nasty Lasty for his imaginary Lorry. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1016641 · Replies: 587 · Views: 188,699 |
Posted on: Fri, 31 Oct 2014 - 10:56 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
I feel a company phoenix coming on.... Proserve ain't a company, Lasty/Duff would be personally liable, and he can't phoenix himself! http://companycheck.co.uk/company/08066641...LUTIONS-LIMITED |
Forum: Private Parking Tickets & Clamping · Post Preview: #1016401 · Replies: 587 · Views: 188,699 |
Posted on: Tue, 10 Dec 2013 - 11:40 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Private Parking Tickets & Clamping · Post Preview: #903202 · Replies: 8 · Views: 4,956 |
Posted on: Sun, 5 May 2013 - 00:44 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
You could confuse them wth this pic. Morrisons at Skipton where PE's life was short lived. (Pay and Display machines are now covered) http://lmgtfy.com/?q=Parking+Eye+Morrisons+Skipton Parking Eye Morrisons Skipton |
Forum: Private Parking Tickets & Clamping · Post Preview: #816420 · Replies: 26 · Views: 35,122 |
Posted on: Fri, 3 Oct 2008 - 23:44 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Case Number BO 05411G Page 1 of 2 Adjudicator’s Decision P*** ****** and Bolton Metropolitan Council Penalty Charge Notice BO51091844 Penalty Charge £60.00 Appeal Allowed on the ground that the alleged parking contravention did not occur. I direct the Council to cancel the Penalty Charge Notice and Notice to Owner. Reasons The PCN was issued on 27 August 2005 at 11:46 to vehicle XXXXXXX in Jones Street Horwich for being parked in a restricted street during prescribed hours. This appeal was listed before me today as a personal appeal. In that respect, the Appellant attended but the Council did not attend. The circumstances are as follows. At 11.46am on 27 August 2005, a Parking Attendant issued a Penalty Charge Notice (PCN) to the Appellant’s vehicle, registered number XXXXXXX, at a time when it was parked on a single yellow line in Jones Street at Horwich. The ground on which the PCN was issued was that the vehicle was parked in a restricted street during prescribed hours. In that respect, waiting is not permitted on this single yellow line between 8am to 6pm on Mondays to Saturdays inclusive. The Appellant accepts that his vehicle was parked there at the time. However, he appeals on the ground that it was there for the purposes of loading/unloading. In that respect, there is the usual exemption for loading/unloading in the Council’s Traffic Regulation Order (TRO). Case Number BO 05411G Page 2 of 2 However, there is a preliminary issue, which I need to address in this case. It is this. In my opinion, the Council’s PCN is invalid because of the decision of the High Court of Justice in the case of The Queen on the Application of the London Borough of Barnet Council v. The Parking Adjudicator [2006] EWHC 2357 (Admin), in which judgment was given on 2 August 2006 and a written transcript thereof issued on 26 September 2006. In that case, Mr Justice Jackson held that, in order to comply with Section 66(3) of The Road Traffic Act 1991, two dates, albeit that they might be the same, must be included on the PCN itself as separate entries, ie. the date of the contravention and the date of the Notice. In the Council’s Case Summary, the Council state that “This appeal is for a PCN which has been revised to include the date of contravention and the date of issue.” However, with respect to the Council, this is not the case. A copy of the PCN is on page 4 of the Council’s evidence. It contains the date of the Notice but does not additionally contain the date of the contravention as a separate entry. In these circumstances, the PCN in this case is unenforceable. Accordingly, I allow the Appellant’s appeal on this ground. In view of the fact that I have allowed the Appellant’s appeal on this ground, I would not propose additionally to adjudicate on the issue of loading/unloading raised by him. Clifton Barker Adjudicator Date: 07 May 2008 |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #297117 · Replies: 3 · Views: 2,023 |
Posted on: Fri, 3 Oct 2008 - 17:48 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
There is no god given right to park anywhere on the highway unless signs/lines confirm parking is allowed. Highways are meant to be kept clear so anything parked is technically causing an obstruction. The police usually act like the fire service and only act when called on to do so. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #297070 · Replies: 12 · Views: 2,550 |
Posted on: Sun, 28 Sep 2008 - 20:40 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #295495 · Replies: 11 · Views: 2,784 |
Posted on: Mon, 22 Sep 2008 - 20:56 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
I was told it was down to me to request the contract before attending court, using some request, not sure if it was FOI or SAR or disclosure. But will find out, was disappointed because i hoped the judge would say to defendant that he should have brought it with him as i did request it in my claim. But alas no. I will get all the details from the court as was in a rush after to get to my car but was 2mins too late and was doubly spanked by getting a council ticket:( And stop laughing....now! Request for Specific Disclosure of the Contract Had you made a request for Specific Disclosure of the Contract, the other side would have had to comply with the request or they could not have relied on there being a contract. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #293976 · Replies: 72 · Views: 11,425 |
Posted on: Sat, 13 Sep 2008 - 19:40 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291846 · Replies: 406 · Views: 153,744 |
Posted on: Sat, 13 Sep 2008 - 19:12 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
dont think the lines have been replaced recently, but what would thathave to do with the ticket? It was Blackhorse Street Car Park Nothing to do with the ticket but the area across from the court (Cheadle Square) has had the bays repainted but still have faults I believe. The previous reply had been done but not uploaded before you put the PCN up. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291841 · Replies: 25 · Views: 4,670 |
Posted on: Sat, 13 Sep 2008 - 11:32 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
I think you will find Feenix on holiday at the moment. Which car park was you on, have the lines been replaced recently? |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291757 · Replies: 25 · Views: 4,670 |
Posted on: Sat, 13 Sep 2008 - 00:18 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291714 · Replies: 55 · Views: 10,580 |
Posted on: Thu, 11 Sep 2008 - 20:34 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Hello DW190. The road markings do state "Loading Only". The Loading Only marking is in a dreadful state and can only just be read as such (it is badly worn). Does the 'Loading Only bay' therefore have to comply with other bays , eg. other parking bays as indicated in Richard Bentley's article? Ther are diagrams on Opsi http://www.opsi.gov.uk/si/si2002/023113bm.gif |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291431 · Replies: 6 · Views: 2,323 |
Posted on: Thu, 11 Sep 2008 - 20:09 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Hello All. I have read the frequently asked questions section, and have logged onto the various web pages, and noted signage and road markings for parking bays. However, there does not appear to be specific reference anywhere to 'Loading Bays'. I had a pre-trial review last week, in which I have pleaded not guilty and I am to appear in court to defend myself in early October. I have a good idea how I intend to defend myself, but I need confirmation that the road markings that are applicable to normal 'parking bays', are the very same as those that are applicable to 'loading bays'. Is there an expert on here that can advise me. I have noted Richard Bentleys excellent photo examples. Many thanks in advance. Stirling You shouldn't find any signs for "Loading Bays", the correct term is Loading Only which should be painted on the road. If it says Loading Bay it's non compliant. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #291422 · Replies: 6 · Views: 2,323 |
Posted on: Mon, 8 Sep 2008 - 07:31 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
adopting TMA has to be done accordinmg to rules. Chester could be a fertile ground for mistakes especially as they are jumping from the 1984 regs. this looks like one council that will have to send a signed document that says all the TROs and signs have been checked and are compliant - but will they be ? . . . http://www.dft.gov.uk/pgr/roads/tpm/tmapor...perationalguid/ From the previous link to the Cheshire Council site I think I noticed that their TRO's can be accessed from the website. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #290500 · Replies: 11 · Views: 2,746 |
Posted on: Sun, 7 Sep 2008 - 21:58 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #290461 · Replies: 11 · Views: 2,575 |
Posted on: Fri, 5 Sep 2008 - 20:24 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Yeah, agreed SP but I was just looking to slam-dunk it via flawed photo evidence. i.e. if he was in a bay and they took pics and the other street only has yellow lines. - The street on the PCN (St Edmunds Street) has D/Y on both sides from memory. I only look down from Deansgate today as it was pisting down. The road where the vehicle was parked (outside of the dentist) is on street P & D which explains the overstay. I must make a note of the CEO's number so I can take the P out of him/her and offer them a Streetmap. Slam Dunk Case. The Contravention did not occur as the vehicle was never in the street detailed on the PCN. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #290005 · Replies: 36 · Views: 5,921 |
Posted on: Fri, 5 Sep 2008 - 17:47 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Just had a look at St Edmunds Street today. This street is at the rear of the Smile Clinic and does not have on street parking. If you parked outside The Smile Clinic and Pizza Hut you was parked on Marsden Road. I'll let the others give you the run down but its a clear cut case of "The contravention did not occur" |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #289966 · Replies: 36 · Views: 5,921 |
Posted on: Thu, 4 Sep 2008 - 19:37 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
If I have time on my break tomorrow I'll take a look. Bolton have been busy painting lines around the town that in some cases comply with legislation. Many of the TRO's are defective. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #289679 · Replies: 36 · Views: 5,921 |
Posted on: Thu, 4 Sep 2008 - 19:15 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Take pictures of any pedestrian zone signs if you find them. Plates without lines can be used in them, subject to certain conditions. That's not to say this plate can be used in them though. Thxs will do that. The signs have to be at the beginning and end of the streets ? I'm confident there aren't any as I remember seeing those pedestrian signs on the street that runs parallel to it (Gerrard Street) and it also doesn't have lines on the road. It is not necessary to have signs on every street. Signs must be at every possible entry into the zone. (the zone can be many streets/roads within it) |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #289674 · Replies: 20 · Views: 5,225 |
Posted on: Mon, 1 Sep 2008 - 21:14 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
Okay, that's great! The terms looked fairly concrete to me, but then I'm not a lawyer... I guess that's how they dupe people. So what I'm going to do is: 1. Do some more research into the CCA and the various acts linked to in Southpaw82's post above. 2. Phone the cc co and request a chargeback. If they refuse, I'll write to them and spell out the reasons why we believe the charges were unlawful. Remind them of their obligations under the CCA and of the Financial Ombudsman and if that doesn't get anywhere, close the account. 3. If all that fails, go to small claims court. I must say, when I first started on this I wasn't too confident, and the prospect of going to court really didn't appeal. But in a way I'm actually rather relishing the idea now. Do you recommend proper representation in court? I've never even been in a courtroom. It might take me a few days to get all the various paperwork in order, but I will keep checking this forum so if anyone has any other ideas, please keep posting! Many thanks for your help everyone. pembo Also remind the CC Company of their Liabilities under Section 75. 75 Liability of creditor for breaches by supplier (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or © has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. (2) Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #288804 · Replies: 24 · Views: 5,102 |
Posted on: Mon, 1 Sep 2008 - 21:05 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
I asked for a copy of a TRO from our friends at Bolton Parking. The numpties replied saying my correspondence had been passed to their Legal Department. Now if its the same Legal Department who have made many cock ups lately I can understand why they have gone very quiet and not responded. FoI request will soon be on its way to the Legal Department for copies of all the TRO's soon as well as copies of the signed documents relating to when they first encountered into the world of DPE. tecno, Have you a copy of your appeal letter to hand so we can see what frightened them. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #288803 · Replies: 49 · Views: 10,253 |
Posted on: Mon, 1 Sep 2008 - 00:13 | |
Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #288534 · Replies: 83 · Views: 21,896 |
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