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PASTMYBEST
Posted on: Yesterday, 19:52


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QUOTE (cp8759 @ Thu, 23 May 2019 - 18:05) *
I don't see how a suspension sign for a shared use bay can relate to a permit holders bay.


nor do I, This case covers a few of the grounds for representations.

2160397824

The Appellant has been unable to attended and the Authority is not represented.
The Authority's case is that the Appellant's vehicle was parked in a suspended bay when in Central Parade on 24 June 2016 at 10.41.
The Appellant's case is that the suspension notice was unclear and inadequate to indicate the suspension at the location where she had parked.
I have considered the evidence and, on a balance of probabilities, I find that the signage falls short of being adequate for the following reasons:
First, I agree with the Appellant that 'outside 11 to 17' should have been amplified - not all the shops are numbered.
Second, the suspension notice is not of the type usually in use by London Authorities, which has three sides.
Third, the presence of blue screens and bollards has added some confusion as to where a motorist may or may not park.
Fourth, I find that where bollards etc. are used they should where possible enclose the entire suspended area.
Taking these matters together I find that this contravention is not proved.
The appeal is allowed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487430 · Replies: 26 · Views: 404

PASTMYBEST
Posted on: Yesterday, 19:33


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Thanks for letting me know. You could never appeal at the reduced rate so would have had to be prepared to risk the full£130
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487424 · Replies: 57 · Views: 912

PASTMYBEST
Posted on: Yesterday, 19:24


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a perverse decision, IMO made to justify a finding that as the OP could evidence the mistake the adjudicator wanted to cancel. The BB regulations state a clock should be displayed when there is a time limit Without it in those circumstances a BB is not valid
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487421 · Replies: 21 · Views: 271

PASTMYBEST
Posted on: Yesterday, 16:56


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Wait for the order for recovery post it here when you get it

QUOTE (PASTMYBEST @ Thu, 23 May 2019 - 17:55) *
Wait for the order for recovery post it here when you get it


it is just about due it might be best to phone and check if the debt has been registered
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487374 · Replies: 2 · Views: 34

PASTMYBEST
Posted on: Yesterday, 15:44


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No. There is no time limit set by regulation, so it would come down to fairness six months is the maximum under parking regs so is a good starting point.

dart are usually fair about these things, if you phone them now they may well accept the payment
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487349 · Replies: 3 · Views: 69

PASTMYBEST
Posted on: Yesterday, 13:02


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QUOTE (01greg01 @ Thu, 23 May 2019 - 10:48) *
Thanks Pastmybest,

Should I take this same text and put my name instead of 'Mr Dogan' and 'Threadneedle street' instead of 'Lombard street'?


No that's the finding of an adjudicator, you must draft something usinfg the facts re the regulations
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487315 · Replies: 4 · Views: 66

PASTMYBEST
Posted on: Wed, 22 May 2019 - 19:56


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QUOTE (Incandescent @ Wed, 22 May 2019 - 18:44) *
Well done !! So maybe Bury Council can be removed from my "venal and rapacious" list.


don't be hasty Inc, but good result The area does look more to be sunken and degraded rather than purposefully lowered
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487214 · Replies: 16 · Views: 133

PASTMYBEST
Posted on: Wed, 22 May 2019 - 16:02


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QUOTE (Helpmeifyoucanplease @ Wed, 22 May 2019 - 15:07) *
help.gif

Hi Pastmybest,

Just a reminder for my letter.

Thanks.


Ok in the next day or so
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487164 · Replies: 57 · Views: 912

PASTMYBEST
Posted on: Wed, 22 May 2019 - 16:00


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The PCN is for cornhill, but for all of bank junction the reasoning in this case is sound

2180198194

Representations are made by Mr Dogan on the basis that the signage in Lombard Street does not comply with the requirements of the Traffic Signs Regulations and General Directions 2016. The appellant refers to a decision of Adjudicator Edward Houghton appeal 2170469229. In that appeal the Adjudicator initially adjourned the appeal and asked the City of London to explain why the legend Bus Gate was not on the carriageway. The Enforcement Authority did not reply. The appeal was allowed on the basis that the requirement for the legend Bus Gate was mandatory. No application for review was made.
In this appeal the local authority argues that the legend Bus Gate is not mandatory because there is no link from the Route for Bus and Cycle Only sign in the Traffic Signs Regulations and General Directions 2016. The case summary does not refer to Schedule 9 Part 5 para 1 TSRGD 2016 which provides that the information etc. of a description in column 2 of an item in the sign table in Part 6 “must” be conveyed by a road marking shown in column 3. The legend bus gate is one of the items in column 3 of part 6 of Schedule 9.

Item 15 of the sign table in part 6 contains the description ” Road or part of a road with access permitted only for buses and other vehicles when so indicated by any of the signs at items 10, 33 to 35 and 37 to 40 in the sign table in Part 2 of Schedule 3”.

The restricted access of that type in the present case is indicated by a (permitted variant of) a sign to Diagram 953 shown in the Schedule 3 Part 2 sign table at item 33.
I find that the Traffic Signs Regulations and General Directions 2016 state that the bus gate legend is mandatory.
The local authority refers to a decision of Adjudicator John Lane. I am not bound by the decision of any Adjudicator. In this case I follow the decision of Adjudicator Edward Houghton.
The appellant was well aware that the restriction was in operation and to that extent the appeal has little merit. Previous Penalty Charge Notices issued to the appellant had been cancelled.
I am satisfied that the bus gate requirement is mandatory therefore I must allow this appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487162 · Replies: 4 · Views: 66

PASTMYBEST
Posted on: Wed, 22 May 2019 - 15:45


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What is going to work against you is that you impeded a car trying to move over correctly. The discount is a good option
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487159 · Replies: 7 · Views: 118

PASTMYBEST
Posted on: Wed, 22 May 2019 - 15:38


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You need to check with TEC when the debt was registered and when the warrant was issued IIRC they expire after a year

tel:0300 123 1059
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487157 · Replies: 4 · Views: 100

PASTMYBEST
Posted on: Wed, 22 May 2019 - 13:32


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QUOTE (Incandescent @ Wed, 22 May 2019 - 12:14) *
QUOTE (adambuzz14 @ Wed, 22 May 2019 - 10:51) *
What i would like to know for going forward is how are APCOA and the council being allowed to operate like this?
What happened to councils having to have an independent adjudication step after their own appeals process? This council have given APCOA the power to be judge Jury and executioner.

thanks

I suspect that like most dozy and stupid councils operating the ECN system, they haven't a clue what the law says on challenges to ECNs. I cannot see how they can contract out the whole process to a private company. However our legal eagle, CP5789 will not doubt respond soon.


They are mixing together the two schemes (criminal whereby if you dont pay they take you to court) and decriminalised where it is adjudication) APCOA cannot make the final decision but in this case it would be a magistrate unless you appeal to the high court as is your right,


I wonder if the common law duty to act fairly is being breached here, there are others more knowledgeable than I on this
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487119 · Replies: 9 · Views: 114

PASTMYBEST
Posted on: Wed, 22 May 2019 - 13:26


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QUOTE (nocupnocoffee @ Wed, 22 May 2019 - 12:17) *
QUOTE (PASTMYBEST @ Wed, 22 May 2019 - 11:40) *
No you are feeding the reasons to reject. I will draft something in the next few days


Thank you.

I don’t know if it’s relevant, but they increased one of the tickets to £130 before the date they should have.



Oh yes its relevant how do you know get and post the evidence
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487117 · Replies: 31 · Views: 500

PASTMYBEST
Posted on: Wed, 22 May 2019 - 13:18


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QUOTE (Mad Mick V @ Wed, 22 May 2019 - 13:30) *
I have been through this thread again, very quickly.

Did we ever ask whether that was your own vehicle or leased/hired?

Bus lane contraventions under the 2003 Act usually cannot be passed to the lessee/hirer.

Might explain the delay in getting the PCN.


Mick


That's the 1996 act for bus lanes Mick but correct the liability cannot be transfered
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487114 · Replies: 62 · Views: 2,152

PASTMYBEST
Posted on: Wed, 22 May 2019 - 13:13


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your only real problem is that the council send a NTO to the hire company and they pay it. You need to write to them tell them of the PCN and that if a NTO transpires you intend to fight it and that they should transfer liability under the statutory ground allowed, that they are a hire company meanwhile send a copy of the PCN to the council along with a copy of the hire agreement showing the correct reg Tell them you found this PCN on the car you have hired but it is not for that car so it must be cancelled
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487112 · Replies: 13 · Views: 296

PASTMYBEST
Posted on: Wed, 22 May 2019 - 10:41


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I don't object to making the argument. just pointing out potential pitfalls
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487063 · Replies: 17 · Views: 270

PASTMYBEST
Posted on: Wed, 22 May 2019 - 10:40


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No you are feeding the reasons to reject. I will draft something in the next few days
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487062 · Replies: 31 · Views: 500

PASTMYBEST
Posted on: Wed, 22 May 2019 - 10:28


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post all of the documents
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487057 · Replies: 4 · Views: 67

PASTMYBEST
Posted on: Wed, 22 May 2019 - 10:24


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QUOTE (stamfordman @ Wed, 22 May 2019 - 11:19) *
I agree Mr M - the appeal should include the point that OP was engaged in a driving manoeuvre that was not observed and this is not a no stopping contravention. The shortcomings on the docs should cement this - as we know it sometimes only one aspect that an adjudicator accepts out of a list.


The biggest thing against the OPs account is the left hand indicator. If I was making a U turn/3 point turn I would use my right hand indicator and so I think would most
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1487055 · Replies: 17 · Views: 270

PASTMYBEST
Posted on: Wed, 22 May 2019 - 10:19


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post the pcn it looks to be a private ticket
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487053 · Replies: 4 · Views: 79

PASTMYBEST
Posted on: Tue, 21 May 2019 - 22:25


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Forget the signage. You can argue if true that the reason for the suspension had ended (if it had I;e no works taking place ) and for the second continuous contravention


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1486983 · Replies: 12 · Views: 148

PASTMYBEST
Posted on: Tue, 21 May 2019 - 22:20


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Were seeing quite a few of these ACPOA issued ECN at the moment but truth is for the sake of a tenner make it go away. You would have to be willing to say sod off lets go to court.

If you are fighting post the documents and the council photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1486980 · Replies: 9 · Views: 114

PASTMYBEST
Posted on: Tue, 21 May 2019 - 21:52


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We need to see the council pics, loading is an exemption to parking on a yellow line but but we do not know if a grace period would apply until we see those photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1486968 · Replies: 2 · Views: 45

PASTMYBEST
Posted on: Tue, 21 May 2019 - 20:58


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QUOTE (Anastasia62 @ Tue, 21 May 2019 - 21:55) *
That is the road I was parked on, although I don't understand what you mean by 'this is why we need the council pics'. Could you explain please? (Sorry I'm a bit naive with all this!)

Anyway, I have looked on the Bury Council website & also on the website of a company called NSL Services Ltd, who appear to be the parking management service they use, but I cannot find anything relating to any photos. I think I will have to contact one or the other to request them.


Get them if you were parked as you describe there is a good chance to beat this but we need to see exactly
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1486953 · Replies: 16 · Views: 133

PASTMYBEST
Posted on: Tue, 21 May 2019 - 19:55


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I've looked and looked and cannot find a post by CP in that thread. And Freeman only used a precedent that was made after Peterguk (where is he by the way) to his case to the appeal court. Before my time on here but IIUC with a lot of help from people here



Bevis was doomed to fail as was Herron and IMO so would any attempt to prosecute the driver of the fire engine for the same over riding reason.

  Forum: The Flame Pit · Post Preview: #1486930 · Replies: 92 · Views: 1,956

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