PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

838 Pages V   1 2 3 > » 

Incandescent
Posted on: Today, 18:08


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Please repost the links, as they do not work.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813728 · Replies: 3 · Views: 0

Incandescent
Posted on: Today, 10:25


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (banjo22 @ Tue, 16 Apr 2024 - 11:03) *
This was very helpful, thank you. I was advised to send a TE9 and TE7 to the traffic enforcement centre. This should call off the bailiffs and the charge should reduce from £426.50 to about ~£37.

It will only revert to the £37 if DART do not object to your OOT Witness statement. Your narrative implies that is what they have told you. Make sure you keep a note of that phone call (date and time), as you may need it.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813677 · Replies: 4 · Views: 0

Incandescent
Posted on: Today, 10:21


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


The second one is registered at TEC, because the amount is the CC (£195), plus the TEC fee (£9). You need to find out from TEC when it was registered, and ask them if you can submit an "In Time" Statutory Declaration. If not, then you'd have to submit an Out-of-Time SD, and the council can object to it.

The first one seems to still be at the Charge Certificate stage, so find out from the council when they intend to register it at TEC.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813675 · Replies: 7 · Views: 0

Incandescent
Posted on: Today, 10:15


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Suspension signs put up on the 11th for a suspension starting on the 12th then ticketing all the carrs, is a gross abuse of power unless it was for an emergency situation.
If the council don't give way, then you need to take them all the way to London Tribunals.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813673 · Replies: 3 · Views: 0

Incandescent
Posted on: Today, 07:54


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Pity you didn't mention that off-carriageway parking is allowed on this street, but only in marked bays apparently. Please post a GSV link to the location, telling us exactly where you parked.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813654 · Replies: 3 · Views: 0

Incandescent
Posted on: Yesterday, 23:37


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (Frustratedmum @ Tue, 16 Apr 2024 - 00:02) *
Whilst I've yet to hear back from TfL, I've noticed that the amount on their website has gone up to £160 outstanding.

Aren't they supposed to put the 14 day £80 discount on hold until they reply to my reps?

No, they're not legally obliged to, but will probably re-offer the discount when they decline your representations.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813642 · Replies: 7 · Views: 0

Incandescent
Posted on: Yesterday, 23:35


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Parking off-carriageway has been an offence in London since the 70s, and needs no signs or lines. Saying you were not aware of this is not an excuse, unfortunately.

Are you new to driving in London, or recently moved there ?

Post the back of the PCN so we can check the "small print" for errors.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813641 · Replies: 3 · Views: 0

Incandescent
Posted on: Yesterday, 21:26


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


The fact they have your address for council tax is totally irrelevant. There is a legal process for parking and traffic contraventions and the council must follow it. This means they must obtain the name and address details from the DVLA and use them for all the statutory enforcement documents sent by post.

You can go onto their website and find out what stage the PCNs have reached, or phone the council direct. Once you have this info, come back here and tell us. If the PCNs have been registered at the Traffic Enforcement Centre (TEC) we need to know the date this was done. There is a fixed period of time after that date when one can submit a Statutory Declaration and have it accepted automatically, but after that you are in the Dragon's Den, I'm afraid.

Have you received anything called an Order for Recovery for the PCNs in that wadge of 80 letters ? The OfR stage is the next one after the Charge Certificate.

So the really urgently required piece of information is whether they've sent out Orders for Recovery yet. If they haven't, there is a very good chance you can get the matter reverted to the PCN stage.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813634 · Replies: 7 · Views: 0

Incandescent
Posted on: Yesterday, 21:10


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


www.bailiffadviceonine.co.uk.

There is very little available to you to rectify the matter in legal terms, which as you realise in your narrative, is entirely down to you. The only avenue is to submit an Out-of-Time Witness Statement that you didn't receive the PCN. You need to submit one per PCN. We see lots of cases like yours where the V5C was never updated to reflect a change of address, and it is usually very difficult to get the process reverted. Successful cases hinge round the V5 being updated shortly after a move or even the V5 is at DVLA going through the address update on the date of the contravention. In your case it seems you never updated the V5 until now, or maybe have yet to update it ? The only positive thing is that paying the bailiff has no influence on whether an OOT WS is accepted or not.

The non-legal avenue, is it might help if you contact DART directly and explain what has happened. Clearly you did pay, albeit only for the bridge crossings. They may help you so give it a go, you have nothing to lose.

I've also posted the address of a website that has been helpful in the past.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813630 · Replies: 4 · Views: 0

Incandescent
Posted on: Sun, 14 Apr 2024 - 18:58


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Notwitstanding the contravention allegation, the PCN is so flawed as to be a significant procedural impropriety, and as such it is void. The PCN fails to include the mandated information in Chapter 1 of the The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

QUOTE
3.—(1) A regulation 9 penalty charge notice must include the following information—

(a)that a person on whom a notice to owner is served may, in accordance with these Regulations, make representations to the enforcement authority against the penalty charge and, if those representations are rejected, appeal to an adjudicator;
(b)that if, before a notice to owner is served, representations against the penalty charge are received at such address as may be specified in the notice for the purpose those representations will be considered by the enforcement authority;
©that if a notice to owner is served despite the representations mentioned in sub-paragraph (b), representations against the penalty charge must be made to the enforcement authority in the form and manner and at the time specified in the notice to owner.


https://www.legislation.gov.uk/ukdsi/2022/9...art/2/chapter/1

I don't see anything relate to 3(1)© at all.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813531 · Replies: 10 · Views: 0

Incandescent
Posted on: Sun, 14 Apr 2024 - 18:47


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE
and we did not really pay attention to the signs to which is our local area.

This is your problem.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813530 · Replies: 9 · Views: 0

Incandescent
Posted on: Sun, 14 Apr 2024 - 18:36


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Have you still got the completed permit ?

Just submit an informal challenge telling of the circumstances. Also say that you are well familiar with the need for a permit where you parked, and whilst you went straightaway to assist your father, your mother prepared a day permit for the parking. When you came out to place the permit on the dash, you found the PCN and two CEOs walking off. Point out that time has to be allowed in normal circumstances to obtain a permit so you do not consider the PCN is justified.
However, be prepared to stand your ground and take them to the Traffic Penalty Tribunal if necessary.The hardest hearts are, today, to be found in council parking deparments. Why ? Because if they reject everything, they make more money, because most people just cough-up
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813529 · Replies: 4 · Views: 0

Incandescent
Posted on: Sat, 13 Apr 2024 - 22:02


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


The video shows a clear contravention. You are seen driving without hesitation into the box, then stopping with half your car in the box, because you couldn't clear it because of the stationary motorcycle. Whether the PCN is compliant, I'm not sure; it seems to handle the periods for payment or submission of reps OK. Then there is the issue of camera authorisation. These two appeal possibilities will only be dealt with at London Tribunals and you would have to put the full PCN penalty into play, the discount option would be lost.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813482 · Replies: 7 · Views: 0

Incandescent
Posted on: Sat, 13 Apr 2024 - 11:44


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


You should definitely submit representations against PCN 2 as it came less than 24 hours after PCN 1. If they play hard-ball, I'd take them to London Tribunals because this sort of thing is just venal money-grubbing. The plain fact is this is a continuous contravention; the car did not move between the service of the PCNs.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813443 · Replies: 4 · Views: 0

Incandescent
Posted on: Sat, 13 Apr 2024 - 11:37


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (elucidate @ Sat, 13 Apr 2024 - 11:35) *
Apologies everyone for the necropost but I thought I owe it to all of you to provide an update on this old thread.

The local authority accepted the argument of continued contravention at the informal representation stage. So that left only the first day's PCN to worry about.
That one was rejected at the formal challenge stage also. So I took it to Tribunal and WON, thank God. The case reference is 2230394052.

A few months later, I got done WITHIN the area of the CPZ, and they cited the same yellow nameplate. I simply referred them to the Tribunal case and they dropped the penalty.

Well done, and thanks for letting is know the outcome.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813438 · Replies: 16 · Views: 812

Incandescent
Posted on: Sat, 13 Apr 2024 - 11:33


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Yes, I would go with that and cite the case you give. Here it's even worse in that the yellow line is ONLY by the raised section, so even more misleading. The downside is that so greedy, venal, and rapacious are councils these days, that you'll probably have to take them to London Tribunals and put the full PCN penalty in play, no discount option.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813437 · Replies: 1 · Views: 0

Incandescent
Posted on: Sat, 13 Apr 2024 - 09:11


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (Little Nell @ Sat, 13 Apr 2024 - 09:20) *
Vehicle details attched

There is no attachment
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813417 · Replies: 13 · Views: 0

Incandescent
Posted on: Sat, 13 Apr 2024 - 09:10


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


The Order for Recovery is dated 10th April 2024, so your submission of a Statutory Declaration will be "in time". This means you only need to submit Form PE3.

Be careful when filling this in. The "applicant" (see top right of the form), is Waltham Forest as per the OfR you have; you are the "Respondent". All you need do is tick the relevant box, get the form witnessed and signed, (the witness observes you signing the form, then also signs). Don't sign before getting the form witnessed. You don't need to put anything in the "Reasons" box.

Your dad's friend can witness if he is a solicitor. Normal fee is around £5-10
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813416 · Replies: 1 · Views: 0

Incandescent
Posted on: Fri, 12 Apr 2024 - 15:20


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


But does an adjudicator quoting the wrong regulations in the judgment negate the judgment ?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813368 · Replies: 16 · Views: 0

Incandescent
Posted on: Fri, 12 Apr 2024 - 13:37


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE
Adjudicator’s Decision
This case comes before the Adjudicator by way of a Witness Statement referred under Paragraph 23(7) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007

Something wrong here, surely ?
Aren't these superceded by these ? : -
https://www.legislation.gov.uk/uksi/2022/71/contents/made
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813355 · Replies: 16 · Views: 0

Incandescent
Posted on: Thu, 11 Apr 2024 - 22:51


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


If you're the driver you can tell us, as with the legislation, the owner as per the V5C Registration Certificated for the vehicle has full responsibility for paying or appealing a PCN.

The supermarket have clearly fobbed you off, because unless you know the ins and outs (this forum and its regulars contributors), you could well struggle to overturn this PCN.

Anyway, first off, can you post the full pages of the PCN back and front so we can check if for fatal errors. In order to enforce car park use conditions, they have to all be in the Order for the car park, so entry of vehicle registration has to be one of these conditions or the PCN is void.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813325 · Replies: 3 · Views: 0

Incandescent
Posted on: Thu, 11 Apr 2024 - 21:04


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (Slapdash @ Thu, 11 Apr 2024 - 20:26) *
Add the case number for the adjudication. Then the decision can be read

Add the case number for the adjudication. Then the decision can be read

+1
Then we can advise. At the moment we're in the dark.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813317 · Replies: 16 · Views: 0

Incandescent
Posted on: Thu, 11 Apr 2024 - 21:02


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


QUOTE (Bobby786 @ Thu, 11 Apr 2024 - 19:23) *
QUOTE (Incandescent @ Thu, 11 Apr 2024 - 17:38) *
And here is the sign: -
https://maps.app.goo.gl/bo3t9m1JTf76TRoq5

Can you please post all of the PCN incl.the side with the "small print" so we can check for fatal errors.



I have already paid it mate as I was passing by post office so i just pop in and paid since it was my mistake. But sign was not really visible may be covered by trees. Anyways Since i dont live there so i cannot go there and take the new pictures. So i decided to pay it.

OK, fine.
I have to say there didn't seem to be much to go on in your case, but remember for the future that councils have to obey the law same as you, and if they don't follow the enforcement process defined in law, they commit a "procedural impropriety" which is automatic grounds for cancellation of the PCN. and this includes the content of the PCN, which is also defined in law. Anything missing or not stated correctly is again grounds for cancellation.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813316 · Replies: 9 · Views: 0

Incandescent
Posted on: Thu, 11 Apr 2024 - 20:58


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


So here: -
https://maps.app.goo.gl/MXuB27H1BDC3ep8fA
I'm not sure about the law where the dropped kerb leads to commercial premises, and not even sure if the owner caveat for dropped kerbs to residential properties applies any longer, but hopefully somebody will know. If you submit reps on your suggested basis you may well get a load of lies in their inevitable rejection, as most of the staff in council enforcement offices have no knowledge of the law at all, even senior officers. Yes, really ! However, submit an informal challenge anyway and see what they say. Post up your reps and their response. Also see what the others here say, but don't miss any deadlines on the PCN, though.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813315 · Replies: 11 · Views: 0

Incandescent
Posted on: Thu, 11 Apr 2024 - 20:42


Member


Group: Members
Posts: 21,014
Joined: 22 Apr 2012
Member No.: 54,455


Sorry, but your pics won't zoom so we can't read 'em or see them properly. Please re-post so they can be zoomed. In the meantime, give us a GSV link telling us exactly where the vehicle was parked.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1813314 · Replies: 12 · Views: 0

838 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Tuesday, 16th April 2024 - 22:39
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.