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Neil B
Posted on: Yesterday, 23:40


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QUOTE (Chaseman @ Fri, 23 Feb 2018 - 18:56) *
Timings look OK to me i.e. date of notice is 5 days after offence and deemed date of service two business days thereafter.

But the descriptions of timescales to pay, etc. are rubbish.

and yes, 'will' has won as well.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361437 · Replies: 2 · Views: 87

Neil B
Posted on: Yesterday, 23:31


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While I agree with the previous two replies I remain constantly amazed that these YBJ PCNs make people
come out with such a load of old tosh.
QUOTE (D14mond @ Sat, 24 Feb 2018 - 21:25) *
You can't know whether you will clear the junction until you get around the corner.

This is the view before you enter the box -
https://www.google.co.uk/maps/@51.4971819,-...3312!8i6656
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361436 · Replies: 6 · Views: 107

Neil B
Posted on: Yesterday, 23:18


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Ramy.
What is the CEO number?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361435 · Replies: 52 · Views: 990

Neil B
Posted on: Yesterday, 21:55


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QUOTE (mike08 @ Sat, 24 Feb 2018 - 21:00) *
i own the car since Nov 2015.

And there's a clue on the two years !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361420 · Replies: 12 · Views: 208

Neil B
Posted on: Yesterday, 15:55


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QUOTE (mike08 @ Sat, 24 Feb 2018 - 13:33) *
im not sure if its a malpractice. when i got the email on my gmail i went to the brent council web site to check it and all there. so what i did i challenge it and never hear anything from them and then i get the second letter via post this time after few weeks.

Confused.
What e-mail?

The letter you've shown says you challenged a PCN. Is that right?

Was the car yours in Feb 2016?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361310 · Replies: 12 · Views: 208

Neil B
Posted on: Fri, 23 Feb 2018 - 23:09


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QUOTE (Incandescent @ Fri, 23 Feb 2018 - 22:19) *
Thanks for qualifying my advice. I do not know all the ins-and-outs by any means. Yes, good idea to submit one to at least suspend bailiff action so a pause for breath can be taken and considered thoughts made without undue pressure. One thing we all know is that bailiffs are very good at applying pressure !!

On the other side of the coin I agree with you: A 4-6 week sweat and some work, with the odds against you, to save a net £143.
I guess, as you say, OP weighs up the value of their time.

tbh I might not even bother myself in the same position but you lot would never hear about it! biggrin.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361173 · Replies: 27 · Views: 345

Neil B
Posted on: Fri, 23 Feb 2018 - 23:02


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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 22:31) *
No suggestions other than putting what the OP has said

Well you've amended it now from -
QUOTE (hcandersen @ Fri, 23 Feb 2018 - 17:40) *
as the authority do not challenge that a BB is held by the occupier of **** and that the driver was in the process of obtaining this in order to transport the holder

to-
QUOTE (hcandersen @ Fri, 23 Feb 2018 - 22:31) *
as I have suggested and that as they were in the process of collecting a BB holder for pre-arranged transportation


The latter being accurate and the former I was referring to.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361172 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 22:51


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QUOTE (adam108 @ Fri, 23 Feb 2018 - 22:19) *
To summarise my issue:

You are the first person I can recall ever having problems with DC.

In our experience they are extremely forgiving and helpful.

And this came about through you forgetting to pay the toll.

Are communications always clear? Well one experienced member understood you to have paid the PCN
and I wasn't at all sure.

The only suggestion I can make, for best possible outcome, is to make reps accordingly.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361167 · Replies: 10 · Views: 157

Neil B
Posted on: Fri, 23 Feb 2018 - 22:15


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QUOTE (adam108 @ Fri, 23 Feb 2018 - 15:33) *
I said I would make consider making a representation and we ended the conversation.

4 - After a few moments, I decided it wasnt worth the time and effort and rang back the number to pay the £35 penalty charge. By coincidence I got through to the same Tom. I said I was ready to pay the pc - he said the amount was £37.50
I said that makes no sense I have already paid the £2.50 on the 13th Feb and you have a record of it.
He said you still have to pay £37.50 - that £2.50 is a credit against a future crossing.
I was amazed and totally frustrated! I said you must be joking you never told me that before. And neither did the person taking the payment. I would never have paid £2.50 for anything else but the crossing I had just made. He didnt tell me when I paid it. And you have only just told this to me now.
He said 'You didnt ask'

* * *

Is it worth contesting this? If so what line should I take?

Have you paid or not?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361158 · Replies: 10 · Views: 157

Neil B
Posted on: Fri, 23 Feb 2018 - 22:07


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QUOTE (Rose73 @ Fri, 23 Feb 2018 - 21:17) *
Any thoughts anyone? (on the fact that there is no mention of an increased charge if the PCN is not paid or if no representation is made)
I'd be grateful for any thoughts

There is. ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361155 · Replies: 9 · Views: 177

Neil B
Posted on: Fri, 23 Feb 2018 - 22:03


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QUOTE (Incandescent @ Fri, 23 Feb 2018 - 21:42) *
PS: Does the sum demanded of £173 include the £98 or is it the sum of the two ?

Included.
QUOTE (Incandescent @ Fri, 23 Feb 2018 - 21:42) *
There is nothing to prevent you submitting a request to submit an Out-of-Time Statutory Declaration, but unfortunately, you not updating the V5 and the ability of the council to oppose the application means you would invariably have to pay out money to get a County Court judge to review the refusal with a view to overturning this.

I think it's important that the OP understands the OOT application is free.
You did go on to qualify that only 'if' it is refused is there a charge for pursuing it further but it being refused, although likely,
is not a forgone conclusion.

--
At the same time, the OP should be aware that while the next, additional, bailiff fee is £235, filing the OOT
suspends bailiff action while the matter is decided.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361153 · Replies: 27 · Views: 345

Neil B
Posted on: Fri, 23 Feb 2018 - 20:10


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QUOTE (Incandescent @ Fri, 23 Feb 2018 - 19:25) *
There is, unfortunately, a disease rife amongst officials, it is called "bureaucratic tidiness syndrome" the symptoms are a complete failure to consider or even to understand that people can occasionally forget to carry out some small or apparently trivial task imposed on them by statute. When the duties on a citizen can possibly add up to a couple of hundred separate obligations one can see that things can get missed. However a huge pile of legislation is imposed on the basis that a statutory obligation will always be undertaken. Personally, I don't think any enforcement authority should be able to oppose a statutory declaration. Do they want justice done or just the money ? I think we all know the answer.

Not sure about never being able to oppose; I can think of some reasonable grounds.

But agree your thoughts on admin.
Forgetting can be a single instant, then, of course, you've forgotten: There isn't really any relevance to how long.

We see people made aware only by bailiffs or DVLA tax clamping all the time. Those are the the end of forgetting;
the period between isn't relevant.

--
OP hasn't given any dates in relation to the JBW notice.
As OOT is free it may be worth submitting and I disagree that Council objection is invariable.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361130 · Replies: 27 · Views: 345

Neil B
Posted on: Fri, 23 Feb 2018 - 19:56


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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 17:40) *
The OP is perfectly entitled to assert that their understanding of the sign is that, as it states clearly on the tin, it is a class of resident's permit, therefore under the council's policy, which their letter set out clearly and which is reproduced below, a BB was valid without time limit in the bay.

The OP has not stated that is their understanding; exactly the opposite.

and
QUOTE (hcandersen @ Fri, 23 Feb 2018 - 17:40) *
and that the driver was in the process of obtaining this in order to transport the holder when the PCN was issued,

OP has stated was definitely NOT the case.
Are you suggesting they make things up?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361128 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 14:05


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QUOTE (DancingDad @ Fri, 23 Feb 2018 - 12:57) *
QUOTE (Neil B @ Fri, 23 Feb 2018 - 12:55) *
QUOTE (DancingDad @ Fri, 23 Feb 2018 - 12:50) *
I'm on the side of HCA's interpretation

The letter or the sign? I see the latter.

That it is a resident permit bay for a class of resident and therefore BB is valid

And I agree in terms of the sign.
But it clearly isn't what Newham think or state and for the [oint to be made then their stance
is open to challenge. But I don't see how saying they've stated something they haven't achieves that.

Much of this ties in with Mick is saying I think.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1361012 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 12:55


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QUOTE (DancingDad @ Fri, 23 Feb 2018 - 12:50) *
I'm on the side of HCA's interpretation

The letter or the sign? I see the latter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360982 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 12:21


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QUOTE (hcandersen @ Fri, 23 Feb 2018 - 11:54) *
Was the driver entitled as a matter of law to rely on an interpretation of the sign which conveyed the meaning that it was a class of res permit holder bay? IMO, absolutely, and I would argue this at adjudication.

Therefore the BB provisions would apply.

This is potentially a valid argument but only presented like that I think.

It doesn't change their clearly stated stance; that BB is irrelevant and only a specific permit will suffice.
And it is clearly stated in the letter: The later sentence you are reading is advisory, pointing out
that, according to their rules, OP had the option of using anywhere except where he chose.

So if presented in terms of 'the letter says so' when it clearly doesn't, you endanger your otherwise
valid point imho.

--

Mick has a point about whether the Newham invention of such a permit can legally exist.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360971 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 11:24


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As boarding might ultimately need to be presented at adjudication may I make an observation.

Sabs, get your story straight!

First an appointment, then it's not.
First your husband picking up Dad, now it was you.

Sounds harsh but thankfully it's us noticing and querying and not an adjudicator.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360944 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 11:12


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QUOTE (stamfordman @ Fri, 23 Feb 2018 - 10:10) *
I see that in the rejection they say the bay is for anyone with a BB

They don't say that and it isn't their position.

Which means I think HCA is mistaken too.
The bay is for holders of a'disabled resident permit' for that zone.

It is NOT available to those displaying BB only.
On the face of that, the BB angle falls down.
It is a permit space for a specific permit (and I repeat -
I don't see how it can then have road legend?)

BB holders may use resident bays (NOT this one) with unlimited time.

Rightly or wrongly, that is the Newham position. I don't know why we have to revisit it every time
one of these crops up.

I can understand what they are trying to do: Not directly allocating but giving nearest disabled
resident a better than standard chance the bay will remain available most of the time.

Whether they are doing so correctly is another matter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360938 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 01:42


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I've never really understood why smoking itself isn't banned.
One over exuberant flick off of ash and -- well you try driving standing up while looking down.
  Forum: The Flame Pit · Post Preview: #1360883 · Replies: 13 · Views: 358

Neil B
Posted on: Fri, 23 Feb 2018 - 00:37


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QUOTE (stamfordman @ Thu, 22 Feb 2018 - 23:38) *
This is the bay sign:


Do we know that one?
I found five -- but all the same as yours shown.

QUOTE (Mad Mick V @ Fri, 23 Feb 2018 - 00:00) *
My view is that these bays are illegal anyway because of the heap of work we did with designated bays with Namster here:-

http://forums.pepipoo.com/index.php?showto...t&p=1137921

He got a Code 16 (5).

Mick

Not revisited the thread Mick but I'd say I agree.
If they now want to use '16' which, as I've said, suits better on the face of it, then the
road legend becomes superfluous and misleading to BB holders - doesn't it?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360878 · Replies: 40 · Views: 642

Neil B
Posted on: Fri, 23 Feb 2018 - 00:30


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+1 to DD.

Can we please have the TPT case ref.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360877 · Replies: 10 · Views: 241

Neil B
Posted on: Fri, 23 Feb 2018 - 00:27


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QUOTE (kiloecho @ Fri, 23 Feb 2018 - 00:12) *
Thank you very much for your responses on this one.

Can I check the only grounds is the misprint and I think Neil B said another legal error on the PCN, could you please help me out with the other legal error?

That doesn't mean don't use your point: A bit of real life and 'how you see it' never hurts as a lead in to
hitting them with legal matters.

The statement re increasing the penalty refers to the wrong timescale - but I don't have time at mo.

Noting you posted here late and have now missed the discount, you have to fight.

QUOTE (PASTMYBEST @ Fri, 23 Feb 2018 - 00:18) *
Some two days later

4 here mucker.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360875 · Replies: 23 · Views: 608

Neil B
Posted on: Fri, 23 Feb 2018 - 00:16


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QUOTE (John Bravo @ Thu, 22 Feb 2018 - 22:04) *
I can see one letter dated 18th of October - a formal Notice of Rejection.
where they ask to pay £130 or appeal to ETA
I have never received this letter!

Yes we know that but, as has been said, stop getting out of your pram and concentrate on what you are
supposed to be doing.

It was always going to be either -
- they didn't receive your reps, or
- you didn't receive the rejection.

All that has happened is that we now know which one.

And they've referred the matter to LT, which is correct in law*.

So, as I said, phone LT to find out the current position -
- has a hearing been scheduled?
- have they written to you?
- when can you make your own submissions to Tribunal?

---
* @ members. Interesting that Council have not followed the LT instruction circular for such
cases and re-sent NoR for OP's consideration? Just the demand for payment.

Instead they open their summary statement with an inference that the Witness Statement was
untrue: For me, it smacks of trying to sway the adjudicator before the facts of the alleged
contravention are even discussed (and I believe these can influence adjudicators, from
personal experience).
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360872 · Replies: 124 · Views: 7,862

Neil B
Posted on: Thu, 22 Feb 2018 - 21:40


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QUOTE (PASTMYBEST @ Thu, 22 Feb 2018 - 20:21) *
If this is a disabled bat then it could be the wrong contravention is used

I think it's correct. Newham conscious of defeats for these when using '40'.

Use of the bay requires display of a 'Disabled Resident's Permit' for that zone.

QUOTE (sabs @ Thu, 22 Feb 2018 - 19:30) *
resident disabled bay which is allocated to his father,

None are 'allocated': Where did you get that idea?
I suggest you read the explanation in the rejection.

QUOTE (PASTMYBEST @ Thu, 22 Feb 2018 - 20:21) *
Can we see the PCN, and the councils rejection letter. You have a claim to the exemption for boarding/alighting

If that's an exemption in those bays then yes - and Newham have ignored it clearly stated in challenge.

Evidence of the appointment will help.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360805 · Replies: 40 · Views: 642

Neil B
Posted on: Thu, 22 Feb 2018 - 14:24


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QUOTE (John Bravo @ Thu, 22 Feb 2018 - 14:14) *
It looks like 1st they have not acknowledged my online representation on 1st of October - implied that I have not submitted one , but from the paperwork they have sent I can see page Correspondence: Online Post-NTO Representation
with my input: "There has been a procedural impropriety by Enforcement Authority..." which they have rejected.

There is a bunch of Evidence Forms, scans and past correspondence including scans of County Court forms. I cannot see a definitive statement from them apart from initial contravention.

Ok.
You are seeing (and interpreting) we can't.

Please SHOW us.

You need to keep on top of this.
Phone LT tomorrow to find out what is happening.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360657 · Replies: 124 · Views: 7,862

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