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hcandersen
Posted on: Today, 13:37


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And the contravention's wrong.

As printed, it means you parked in a shared use bay (in this case permit or pay) but not when the payment option was in force.

Therefore the only defence available to you under this contravention would be to produce a valid permit, it does not allow you to present valid proof of payment because not paying the parking charge is not alleged.

But it's wrong, it was a shared use bay with payment as an option and therefore the correct contravention was 'blah blah or without payment of the parkng charge'
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435588 · Replies: 3 · Views: 47

hcandersen
Posted on: Today, 13:24


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if it's operational. I was and still am genuinely under the impression that they don't even use machines any more

No more freelance thinking pl.

If it's on the other side and unless YOUR sign directed you to it, then it is IRRELEVANT legally. I don't care whether it works or not, takes euros or accepts wampum, it doesn't matter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435586 · Replies: 19 · Views: 397

hcandersen
Posted on: Today, 12:14


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Why bother? It's a fishing expedition and the more complex you make it the less chance you'll get what you want in time.

Compile reps now, but post draft here.

Writing under FOI is frankly a waste of time and risks you losing control of time.

You state:
I parked my car at the location on or around *****.
I last attended my car on **** in order to display my new permit.
I did not notice any suspension signs in place advising of the forthcoming suspension.
The car remained in situ until removed by the council on ******.
As the signs were not in situ when I became aware that the car had been removed, I have to rely wholly on the evidence provided by the council in the form of photographs.

My representations are as follows:
1. The contravention did not occur.
The PCN states the location as ***** Street. No further information is supplied.
The photos of the suspension sign do not show my car neither can the details of the suspension be made out.
I therefore assert that my car was not in contravention at the alleged time. If the authority reject these grounds then they are obliged to supply objective evidence with any NOR(as indeed they would with any appeal to the adjudicator), a simple statement would be insufficient.

2. The 'penalty charge or other charge paid.....in the circumstances of the case'
This follows because I assert that my car was parked prior to any signs being erected and that under the council's policy, which is binding on the authority, my car had to be removed to another location on a road and that the authority had no power to remove my car to a pound (for these purposes the Removal and Disposal etc. Regs and the RTRA are not relevant, the authority's officers had no delegated authority to act outwith the council's policy).
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435562 · Replies: 23 · Views: 274

hcandersen
Posted on: Today, 11:45


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No, as you've already rightly pointed out the challenge was late.


No, it was late as regards automatic entitlement to 50% discount, but the policy (of obligating the council to giving a weitten response) applies to all submissions and is not limited to those made within 14 days.


I'm curious exactly where it was 'hand delivered' and doubting the enforcement team ever saw it?


The PCN gives written submissions as an option. Providing the OP used the specified address, then handing in is perfectly acceptable even if that office was not PO Box 5539......... which begs the question.....

.....OP, your post gives PO Box 4439! A mistype or what?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435550 · Replies: 9 · Views: 90

hcandersen
Posted on: Today, 10:14


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You have until 29 Nov to make reps.

There are two aspects to this: facts as regards the contravention and procedure.

As regards the latter:
Did you include your name and address in your challenge?

This is their policy:
https://www.southend.gov.uk/info/100011/par...t_parking_fines

They reply in writing to all challenges.

And yet you suggest you did not receive a reply.

Why?

For example, if you didn't give an address, then that's your problem ( NB. note their reference to 'you' on their website, this is nonsense. The owner gets the 'reminder' (how quaint) not the person who challenged) because although you were also the owner they would not track back and say aha, you know that reply we couldn't send for want of an address, well the owner's the same person, shall we snd it now?

But if you gave an address and did not receive a response and if this would have offered the discount then the procedural grounds of 'penalty exceeded ...in the circumstances of the case' apply.

Summary:
Do not pooh-pooh procedure, it's often the only prospect of a positive outcome.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435516 · Replies: 9 · Views: 90

hcandersen
Posted on: Today, 09:58


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As you're nearly at the end of the enforcement process, we need to know EXACTLY where you are.

The only info I need immediately is the date of their Notice of Rejection of Representations.

Even if you cannot post docs, tell us the date the NOR was issued.

If you miss deadlnes then whistle goodbye to at least £110.

Tme is not your friend.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435514 · Replies: 3 · Views: 72

hcandersen
Posted on: Today, 09:19


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No photos; no PCN; no reps;

OP apparently takes matters to their time limits and beyond giving themselves no margin for error (did not submit challenge- website not working(for28 days??)- missed NOR discount AND submitted reps on day 28 AND hasn't yet registered an appeal on day 21 of 28 - there's a constant theme here it appears)

OP, register your appeal NOW.
Grounds
Contravention did not occur

Details to follow.

And then we can look at arguments in more detail. Otherwise you'll revert to type and miss the appeal deadline without good reason- sorry if this sounds harsh but it's borne out by the track record.

The timeline is important here, so think hard.
At what time did you park? What evidence do you have of your attempts to pay?

And as for their comment 'there is a paid for ....on the street' this is not only meaningless, it's disingenuous. The traffic sign makes no mention of machines, where they might be etc..therefore a motorist CANNOT with any confidence:
a. Traipse up and down looking for something which they don't know is there, or
b. Even if they found one, know that its tariff applied.

I would certainly zoom-in on this nonsense in any appeal.

By the way, where was the machine relative to where you parked and is it within the same parking place?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435505 · Replies: 19 · Views: 397

hcandersen
Posted on: Today, 08:55


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At what time did you park which, by the way, was probably also in contravention of the dropped footway prohibition?

The issue is what were you doing at the time of the contravention. Your comment '(Not specially stating that I was doing any of those)' seems to suggest that you were there for an extended period, but this is not the point, it's what you were doing 11.15-11.16.
Don't be economical with the truth pl, just let us have the facts.

The obs period is short and would not allow any reasonable CEO sufficient time to consider loading etc. You're perfectly entitled to put this to them and get them to tell you what their standard practice is and why the CEO departed from this, if this happened.

And the back of the PCN pl.

14-day period ends on 23rd, so time's tight.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435501 · Replies: 1 · Views: 38

hcandersen
Posted on: Yesterday, 10:41


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Excellent result

I wonder what Wandsworth make of this result. Clearly they felt their approach was justified and for me I hope they apply for a Judicial Review so this matter can be nailed by the courts - 44 years is a long wait. Don't worry OP, your involvement is over, any further action would be between Wandsworth and the adjudicator, not you.

And I don't like his option (b), what's the legal basis for this?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435238 · Replies: 77 · Views: 2,386

hcandersen
Posted on: Yesterday, 10:33


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I hand delivered the following letter to SOuthend COuncil on the last available day,


As we're in the season I can write....oh no you didn't. You missed the 14-day discount period because day 1 is the day of service therefore day 14 was 9 October.

Doh.

And did you include your name and address?

And the NTO date ??? and therefore you have until ?? to submit reps.

Let's establish these parameters.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435236 · Replies: 9 · Views: 90

hcandersen
Posted on: Yesterday, 10:24


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OP, you are rather dancing around this.

Forget getting in a complaint about 'their' fault, at present it's clouding your thinking.

So, your priorities are to get the owner to submit reps in time. Not you, you have no standing.

But what is 'In time'?

We don't know, but it is the single most important issue at present.

So, dates PCNs issued please and let's take things one step at a time.
Also, take a photo of the V5C page with the vehicle description, including colour, and of the car itself with numberplate in clear view.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435234 · Replies: 8 · Views: 156

hcandersen
Posted on: Yesterday, 10:15


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+1

The account must read as one would expect:

Car not there. Initial shock, then maybe I'm out by a little, perhaps senior moment.
Carry out simple checks.
Satisfied that it's missing and notified those agencies you'd expect i.e. police and insurer.
Gave statement to police which carried an implied if not actual statement of truth.


Personally I would add a note of disaapointment that the police were not able to find the vehicle which was hiding in plain sight albeit a few streets away. If they had, you'd have moved it before it was in contravention.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435231 · Replies: 30 · Views: 504

hcandersen
Posted on: Yesterday, 09:05


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Are you sure?

Sums payable to recover the vehicle should be total owing, I don't know that an authority has any right to claim otherwise.

Vehicle may only be removed if PCN served and it is that PCN which legitimises removal.
But IMO once removed the charges to recover should be the toal outstanding, not just that PCN.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435206 · Replies: 30 · Views: 504

hcandersen
Posted on: Sun, 18 Nov 2018 - 22:37


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I accept that I was parked outside of the marked bays and for this I apologise.

I can also see that this is a contravention of the Terms and Conditions of use displayed on the noticeboard.

However, this is not the alleged contravention.

Obstruction is neither referred to on the noticeboard nor anything which may be determined objectively. In addition, as no egress or access was blocked or the circulatory function of the car park affected in any way then in my opinion there has been no obstruction.

If the authority claim that obstruction was caused then they are obliged to prove this, simply stating that I parked outside of marked bays being totally insufficient for this purpose.



Don't fudge the marked bays. You parked incorrectly. State it, apologise and move on: there's nothing they could do about it, so admit it, hopefully to stop them waffling on about this aspect.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435167 · Replies: 13 · Views: 168

hcandersen
Posted on: Sun, 18 Nov 2018 - 11:22


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We're off message here.

Control of Goods shows clearly that the enforcing authority is Tower Hamlets and contravention is waiting/loading in restricted street, in this case Fieldgate Street E1.

OP's concern is not return of sums paid but that this was served after sums were paid and would his mother be harassed because of the agent's error.

First priorities:
Get paperwork for her payment, to what does it relate?
Is the CoG the same contravention?

CoG dated 9 Nov, so precious time has been lost. You must get back to the agents tomorrow, hopefully armed with above info.

Not that you would, but don't discuss matters to do with the contravention, just deal with your priority.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435048 · Replies: 10 · Views: 278

hcandersen
Posted on: Sun, 18 Nov 2018 - 10:30


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With respect,

If these documents show that a resolution has been made by the council which lifts the footway parking ban from the entirety of Selwyn Avenue, then the lengthy argument is ill-directed. The issue is not the absence of a resolution, it's that one exists and applies to the whole length of the road including the location of the alleged contravention which therefore did not exist.

I refer the authority to the attached which *****(name/title) claims is a resolution passed by the council pursuant to s15(4) of the GLC(General Powers) Act 1974. As you will see, the footway parking prohibition has been disapplied along the whole length of ***** and therefore the contravention did not occur. To pre-empt you from saying that the signs delimit the extent of the area, they do not. The signs may beplaced nly to show the effect of the resolution and as near as possible to its limits. Whether there are practical or traffic management reasons forplacing the signs other than at the limits, I do not know. But what is clear is that wherever they are placed does not redefine or amend the resolution.

Not only must my PCN be cancelled, as the authority are now aware of the situation CEOs must be directed to not issue further PCNs based on the location of the sign.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435037 · Replies: 36 · Views: 1,290

hcandersen
Posted on: Sat, 17 Nov 2018 - 23:01


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Does their track record support this idea?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434996 · Replies: 20 · Views: 358

hcandersen
Posted on: Sat, 17 Nov 2018 - 22:09


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@MMV, you seem to be reading into the decision more than is justified on the facts.

The objective facts are that the adjudicator took *** months to determine an appeal.

B****r anybody else's duties, this is shameful and IMO MUST be challenged and justified.

To acquiesce would be unforgiveable.

If they choose to justify, so be it. But don't assume the door is not ajar, kick the b****r and see.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434987 · Replies: 20 · Views: 271

hcandersen
Posted on: Sat, 17 Nov 2018 - 17:36


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With respect, we can't just apply the principles applicable to a public body to the court.

And why would the adj not be embarrassed, they should be either on their or their organisation's behalf.

To not register implies acceptance, but it is not acceptable. The recommendation to the council option is my preferred outcome, which is why it's included, as it doesn't require Knapp to fall on his pen and allows the authority a say.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434932 · Replies: 20 · Views: 271

hcandersen
Posted on: Sat, 17 Nov 2018 - 17:31


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Wih respect, the answer is in the decision:

In the absence of any direct evidence of a failure to observe the policy I am reliant on the logic of Mr. Campbell’s argument to infer that the EA did not have regard to it,


that no decision-maker who had regard to the guidance could have proceeded to enforce the PCN. It is quite marginal as to whether less than 50% of the vehicle was over the box; the decision maker was entitled to treat is as a marginal case. Even if s/he had accepted that less than 50% of the vehicle was over the box, as I read the guidance it requires the decision-maker to exercise a discretion. The guidance does not stipulate in which way the discretion should be applied

So do not let the matter rest with having to be determined by the adj, YOU MUST put the matter to the authority. The adj then has the authority's reply to consider and their guesswork is not needed.

Put the question smartly

Given that **** states **** and given that the facts of this case as shown in the video evidence show **** then I submit that my circumstances fall within **** and that the policy of the council requires that *******.

If the authority do not consider that **** applies then they must respond in detail to the following:
Do the authority:
Accept that the *** is 'large' for the purposes of the policy;
Accept that *******

OP, do you get my drift?

You do not leave it all until the last minute at adjudication, you would inevitably lose for the reasons above.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434930 · Replies: 16 · Views: 220

hcandersen
Posted on: Sat, 17 Nov 2018 - 17:16


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The photos will show all.(more in hope than expectation!)

IMO,
The time plate shows that the yellow line is governed by an on-street order.
The driver would IMO be entitled to consider and rely on the yellow line being on-street and not off-street, certainly for that stretch apparent in GSV i.e. to the far end.
The time plate applies to the yellow line on the kerb radius and its effect stops at the entrance to the car park.
We know nohing about time plates beyond the entrance on either side of the road.

OP, could you revisit if necessary, you probably need to do some legwork.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434921 · Replies: 25 · Views: 256

hcandersen
Posted on: Sat, 17 Nov 2018 - 17:07


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I misread the initial post, the OP's wife is still at the NTO stage.

The discount would be re-offered even if the reps were unsuccessful.

The OP's comment.. As I have come so far from July 25th, I may as well have my 15 minutes of fame (or go up in flames)
is, frankly, ill advised.

If your wife does not have a strong case based on what we know are consistently winning arguments(sorry cp, I do not include your 0845 argument in this class, any more than will/may, as it remains untested over time)

And OP, if you don't post docs but continue to transcribe, goodness knows what relevant info might be denied to us.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434916 · Replies: 20 · Views: 207

hcandersen
Posted on: Sat, 17 Nov 2018 - 16:58


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Why has the extra-procedural hare been set running..

BANG, BANG......

Now back to the regs:

http://www.legislation.gov.uk/uksi/2007/3482/schedule/made

12(b)(vi) refers:
vi)the interests of justice require such a review.

You use and ultimately exhaust all your regulatory options before considering other avenues.

So, submit a request for a review. You have until 30 Nov.

Your ideal outcome is to allow your appeal. Your fallback is a recommendation to the authority to cancel the penalty based on the justice delayed is justice denied principle.

I note the adjudicator's reference to the inordinate and, with respect, unacceptable delay of *** between registration of the appeal and its determination and suspect that this must have been due to an administrative error - you cannot bring yourself to even consider that the adjudicator himself took *** months to make his decision.

But whatever the cause, you were denied a decision for **** months. You submit that this is contrary to all concepts of fairness which is an overriding principle for the court and the authority. This delay also denied you the opportunity to consider other possible grounds for review i.e. new evidence coming to light, because the passage of time has rendered memories unreliable and increased the likelihood that records have been discarded.

If the adjudicator is not able to allow the appeal on these grounds, you request that at least the decision be varied with a recommendation to cancel the penalty made to the authority.

Just some thoughts.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434913 · Replies: 20 · Views: 271

hcandersen
Posted on: Sat, 17 Nov 2018 - 16:33


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Sorry if it appears harsh, but:

I am currently appealing a PCN in this road , but you're not, your wife is and it is she who appeals, not you.

Joe Public has 28 days but the Council can wilfully take up to 6 months to respond. One rule for me, another rule........., is not a misunderstanding of the law, it's clear you know it but disagree with it.


But we're beyond this now, or at least I hope you are.

Who made the reps(signed them) and to whom was the NOR addressed?

What does the website say regarding the outstanding penalty. If it is still at the discount, she should consider paying. As far as I can see, comments as to what could be included in an appeal are wholly predicated on the discount being lost and it being a financial no-brainer. But is it?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434897 · Replies: 20 · Views: 207

hcandersen
Posted on: Sat, 17 Nov 2018 - 11:20


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Your post conveys an angry motorist who is aware of but disagrees with the law and is on the verge of flirting with Freedom of the Land and similar nonsense.

And as is often the case, what could be a defence is obscured by padding.

RPZ - Restricted Parking Zone. No yellow lines permitted or needed.
Repeater signs recommended, but these are as they say i.e. repeaters. What counts are the gateway RPZ signs.
They have responded to the challenge: they've issued a NTO. They are under no regulatory duty to issue a written response to a challenge, merely consider.
The owner is the only person liable for this contravention: you have no standing.

So, having dispensed with the above...
1. Did the PCN or their policies obligate them to issue a written response?
2. As above, but to re-offer the discount subject to conditions?
3. Were those conditions met e.g. challenge submitted within the 14-day discount period?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1434830 · Replies: 20 · Views: 207

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