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DancingDad
Posted on: Sun, 20 May 2018 - 18:19


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You did all you should have.
Waited till clear exit and a little more, allowing two cars to join.
Then cut up by a twonker who pulled out when they shouldn't.
Travesty to cop a PCN and it should be cancelled.
Whether it will is a different matter
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383547 · Replies: 11 · Views: 175

DancingDad
Posted on: Sun, 20 May 2018 - 11:14


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QUOTE (Neil B @ Sun, 20 May 2018 - 12:10) *
QUOTE (chrisSz @ Sun, 20 May 2018 - 10:55) *
No, it says Penalty Charge Notice.

How do you have it if not yours?

Presumably cos lives with partner biggrin.gif

But is valid, don't forget you can only deal with in on partner's behalf and if anything in writing, they need to countersign or be in their name.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383492 · Replies: 7 · Views: 393

DancingDad
Posted on: Sun, 20 May 2018 - 11:13


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I think the big problem is that you were static in the box before the video starts, although were creeping.
White car is irrelevant, did not nick your space
Blue van.... should not have gone but .......
Depends on adjudicator but I think discount may be a good option.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383491 · Replies: 17 · Views: 580

DancingDad
Posted on: Sun, 20 May 2018 - 11:08


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Phone dart bridge people, they sometimes are lenient, especially if first offence and it looks like an honest mistake.
Be polite, remember you are asking for a favour.
If that doesn't work, can challenge in writing by telling your story and asking for them to exercise discretion and cancel.
Or grab discount.

I'd phone them first.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383489 · Replies: 7 · Views: 393

DancingDad
Posted on: Sun, 20 May 2018 - 07:35


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Never any doubt this was going to win.
Only question was when.
Well done for sticking with it, your neighbour should have done the same.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383478 · Replies: 22 · Views: 1,080

DancingDad
Posted on: Sat, 19 May 2018 - 21:42


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QUOTE (flabbergasted @ Sat, 19 May 2018 - 19:45) *
QUOTE (DancingDad @ Sat, 19 May 2018 - 16:21) *
If you are in area, take a photo now.
Between mine, yours and streetview it would enhance balance of probability that it is all one and the same sign.


I took photos of the signs recently, the one at the entrance and lo and behold, it still reads: "Excel parking services ltd Manage and Control this private car park".


Put the photos together and it certainly makes a nail for the coffin.
To me that sign is the only sign that can be used to form a contract with any driver entering the car park.
What other signs in the car park may say is irrelevant IMO, they cannot be seen or read from a vehicle and can only be digested after parking and when getting a P&D ticket.
If the driver did not park, they could not read the signs, certainly not the small print and they cannot form any contract.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383466 · Replies: 68 · Views: 1,643

DancingDad
Posted on: Sat, 19 May 2018 - 21:36


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I'm impressed.
Well done lass.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383465 · Replies: 19 · Views: 442

DancingDad
Posted on: Sat, 19 May 2018 - 18:12


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Don't panic if they reject, just get back to us.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383444 · Replies: 39 · Views: 1,474

DancingDad
Posted on: Sat, 19 May 2018 - 15:21


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If you are in area, take a photo now.
Between mine, yours and streetview it would enhance balance of probability that it is all one and the same sign.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383417 · Replies: 68 · Views: 1,643

DancingDad
Posted on: Sat, 19 May 2018 - 13:59


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I got nothing to add but agree that if there is a TMO, the signage ought to reflect it and the TMO should be taken into account, even if it is an S36 sign.

To me this has always been about citing a contravention when the specific did not take place.
But that will not get a review.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383411 · Replies: 150 · Views: 8,411

DancingDad
Posted on: Sat, 19 May 2018 - 13:31


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QUOTE (flabbergasted @ Sat, 12 May 2018 - 09:04) *
And this is the entrace to the carpark. How is the driver supposed to read that whilst entering carpark? also, the sign is placed outside the fence of the carpark, so surely it cant even be taken into consideration?


If it helps with signage and contract, I have a clear photo of the entrance sign dated Aug 2016.
Clearly shows Excel "Manage and Control this private car park"
Looks exactly the same as the one on streetview (latest date seems to be April 2017)
If it comes to court, PM me and I can sort a copy for you.
My date with destiny is likely to be a little before yours so should have a better idea of its worth.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383409 · Replies: 68 · Views: 1,643

DancingDad
Posted on: Sat, 19 May 2018 - 10:35


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I'm still thinking on that this is all about one employee.
If they are taking the pee, a discussion, possibly into formal warnings etc may be all that is needed.
The unexplained mileage may be perfectly justified, may not be but it seems that someone is assuming the worst at moment.

For example, years back I worked for a company where all expenses had to go through a jobsworth, who we will call Mary.
She kept a meticulous record of "Standard" journeys and woe betide anyone who deviated from the list.
One such standard was collecting urgent spare parts from Red Star at New Street Station.
Direct route was via main roads into Birmingham, went through neighbourhoods where you wanted all doors locked and guaranteed slow crawl.
12 miles round trip IIRC.
Alternative was straight onto M5 at junction 1, onto M6 south, off at Spaghetti and straight into city centre and train station, summat like 20 miles total.
So a choice, frustration in traffic and a 2 hour round trip or 40 minute trip with fast cruise (could be done then on M5/6) but almost double the mileage.
(and not paid for the extra)
It may simply be something like that but unless someone asks, no one will know.
  Forum: The Flame Pit · Post Preview: #1383398 · Replies: 61 · Views: 1,415

DancingDad
Posted on: Sat, 19 May 2018 - 09:21


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QUOTE (cp8759 @ Sat, 19 May 2018 - 09:55) *
QUOTE (WillW @ Sat, 19 May 2018 - 09:50) *
QUOTE (Sia18 @ Fri, 18 May 2018 - 21:59) *
Incandescent. Thanks for that. I'll try to appeal saying. How was I meant to move my car if the sign going up & PCN was all done while I was at work. Just hope their honest (Camden council) about the sign going up yesterday at 6pm. At least the PCN is dated 10am this morning.


Surely they would have to provide photographic evidence of the sign installed with reasonable notice. Not sure if all councils do this but the suspension signs often include the date the notice was put up on them.

They will have records confirming when the sign went up.


They will have records of when they think the sign went up.
Many councils use contractors to place the signs and where there is a chain of records there is scope for embellishment.

Get whoever witnessed to sign a short statement on when they saw signs being placed.
Be very clear in any challenge that there were no signs in place when you went to work, give times etc, include the statement.
While the vehicle may have been in place, motorists can only be expected to comply with signs that are there.
This is not a case of someone parking car for two weeks and never checking, it is a guy going to work and being penalised cos the council couldn't get signs up in good time.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383391 · Replies: 7 · Views: 176

DancingDad
Posted on: Sat, 19 May 2018 - 09:06


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While I understand anyone's desire to see the council photos, at the moment this is not about the PCN or whether it is valid.
It is about process.
OP has choice of paying the £105 on the charge certificate or waiting for the Order for Recovery and sending off a witness statement to TEC (Traffic Enforcement Centre, Northampton) which will get things reset.
I am assuming that OP can claim ground that NTO was not received. But would caution against lies if this is not the case.

If you are going to wait for Order for Recovery, be proactive, phone council weekly and ask where it is, you do not want to miss this.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383388 · Replies: 24 · Views: 620

DancingDad
Posted on: Sat, 19 May 2018 - 08:55


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QUOTE (cp8759 @ Sat, 19 May 2018 - 09:48) *
....I'll draft formal representations for you.....


biggrin.gif biggrin.gif biggrin.gif biggrin.gif
Probably at least half a dozen of us in the queue to do that

TBH, I am thinking of a collateral challenge to Lambeth Council in the form of an official complaint.
Enforcement Authorities have a mandatory duty to consider challenges fairly and fully.
This has obviously not happened.
Any further letter to parking now (until NTO) will delay matters and likely to result in a simple "we have already considered, you must wait for NTO"
But a complaint may result in someone with some sense seeing it and a speedy cancellation.
Thoughts ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383385 · Replies: 10 · Views: 186

DancingDad
Posted on: Sat, 19 May 2018 - 08:43


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Jeez.... they aren't even arguing a different interpretation to the sign, just saying that you were in a suspended bay and ignored your very clear challenge.
I am afraid it is typical of Lambeth, they employ muppets to send out template rejections.

Worst case, as long as you meet deadlines, is that full penalty will be in play, no added costs to worry on. £130 is tops.
I simply cannot see the worst case happening, this is as clear a case of a PCN issued when it should not have been as we ever see.

Next stage is a Notice to Owner. Which gives you a second chance to challenge and hopefully will be dealt with a little more sensibly (no guarantees, it's Lambeth)
This will be sent to the registered keeper's address on the vehicle registration document (V5c)
Is this up to date with your current address?
And all spelt properly, house number, post code etc
Please check, now.

After NTO and a formal challenge, if not accepted, you get chance to appeal to independent adjudicators... no cost for this and TBH, so clear, a decision on papers is warranted so no need to even go to the hearing (unless you want to)
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383376 · Replies: 10 · Views: 186

DancingDad
Posted on: Sat, 19 May 2018 - 07:07


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QUOTE (glasgow_bhoy @ Fri, 18 May 2018 - 23:25) *
..........How long does the poor guy have to declare the cancelled policy for? Lifetime seems really excessive IMO... especially considering offences with points or actual claims only need to be declared for 5 years.


I was asked the question yesterday while shopping about for insurance "Have you ever had insurance declined or cancelled?"
  Forum: The Flame Pit · Post Preview: #1383369 · Replies: 21 · Views: 1,043

DancingDad
Posted on: Fri, 18 May 2018 - 21:20


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QUOTE (stamfordman @ Fri, 18 May 2018 - 21:57) *
QUOTE (DancingDad @ Fri, 18 May 2018 - 21:52) *
QUOTE
There must be some application of common sense.


Key words and a resource often lacking in councils.



I take it we are exempting TFL from this regarding the congestion charge.


Not for a few fecking seconds we shouldn't.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383346 · Replies: 43 · Views: 1,086

DancingDad
Posted on: Fri, 18 May 2018 - 21:01


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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: #1383340 · Replies: 10 · Views: 186

DancingDad
Posted on: Fri, 18 May 2018 - 20:52


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From: Area 51
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QUOTE
There must be some application of common sense.


Key words and a resource often lacking in councils.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383337 · Replies: 43 · Views: 1,086

DancingDad
Posted on: Fri, 18 May 2018 - 20:21


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On finance....check the bottom line, forget interest and the like, at end of term, how much in total will you pay?
Sometimes shorter term may cost a little more per month but save hundreds if not thousands.
Or longer term will have better interest rates so final tally is less.
  Forum: The Flame Pit · Post Preview: #1383327 · Replies: 19 · Views: 389

DancingDad
Posted on: Fri, 18 May 2018 - 20:01


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Anyone for popcorn ?
  Forum: News / Press Articles · Post Preview: #1383323 · Replies: 18 · Views: 437

DancingDad
Posted on: Fri, 18 May 2018 - 19:49


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Check what warrantee is left on car anyway.
Many cars from new have 5 years on major components and paint.
Some longer on paint.
Apart from that, if dealer is not willing to give 12 months on a 3 year old car in this day and age, I'd look elsewhere.
  Forum: The Flame Pit · Post Preview: #1383321 · Replies: 19 · Views: 389

DancingDad
Posted on: Fri, 18 May 2018 - 19:37


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Excellent find Mr M
Copy for OP
QUOTE
218015398A
Decision Date...17 May 2018
Adjudicator....Sean Stanton-Dunne
Appeal decision...Appeal allowed
Direction....cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
This PCN was issued for the alleged contravention of being stopped in a restricted area outside a school when prohibited. The alleged contravention occurred in Clovelly Avenue at 4.14pm on 8 March 2018.
I have looked at the CCTV footage and also the site images submitted by the Council. These show that Mr Byanouni's vehicle was stopped on entrance markings in front of Colindale Primary School. They also show that there is a sign at the location warning motorists that there is no stopping on the entrance markings between 2.45pm and 4.15pm Mondays to Fridays.
Mr Byanouni appeals because he says that he stopped to pick up his children from school. He says that he is well aware of the restrictions and that the clock in his car showed the time of 4.15pm. The Council says that its clock is calibrated according to the Atomic Clock, ensuring 100% accuracy. The CCTV timing shows the vehicle stopping at 4:14:18.
I accept the evidence of Mr Byanouni that the clock in his car showed the time of 4.15pm. I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second according to the Atomic Clock. A motorist reading an ordinary watch will not be able to know the time calculated to the exact second.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383320 · Replies: 43 · Views: 1,086

DancingDad
Posted on: Fri, 18 May 2018 - 16:02


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QUOTE (hcandersen @ Fri, 18 May 2018 - 16:09) *
I think it's 6 months as with the original NTO, ,,,,,,,,,,,,


Yum are right.... apologies
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383284 · Replies: 24 · Views: 620

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