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PASTMYBEST
Posted on: Yesterday, 23:44


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QUOTE (Asus802 @ Fri, 22 Mar 2019 - 23:25) *
CP8759
Thank you for taking the trouble to update me on the Hannah Clark case. Do I take it that CCC did not submit any defence?

As you will see from my earlier posts (19/3 @ 17.26 & 20/3 @ 00.39) I have previously raised the issue of how much should be included in the initial representations and Pastmybest has been kind enough to offer his views on this. Whilst I appreciate that the Adjudicator is saying the 0845 argument should have been in the initial appeal to the Adjudicator rather than the representations I do feel that there may be advantages in at least pointing out at the representation stage that the "de minimis and alternative payment options" defences have been previously ruled out by the High Court in the Camden case.

I'm not sure that Pastmybest agrees with my view but he has as you will see offered to consider further after the weekend.

The offer to assist with the tribunal appeal is of course very much appreciated (assuming of course that it becomes necessary) and I hope you will agree that in order to avoid any duplication of effort it might be appropriate at this stage to wait to see if Pastmybest can find time to offer an outline / draft for consideration after the weekend - what do you think?

With regards to the signage issue on which you have previously expressed a view I have looked again at this issue and I am not yet convinced that this is not a reasonable ground for appeal. A birds eye view of the junction of Emmanuel Road and .New Square / Elm Street clearly shows a single exit from Emmanuel Road and the single sign on Emmanuel Road showing the route for traffic to avoid the bus gate show that the required route is the second turn after the sign and suggests that there is a significant distance between the first and second sign. No doubt the experts on this site with knowledge of traffic sign regulations may disagree with me (I claim absolutely no expertise in this area) but it appears that the exit from Emmanuel Road is a single road that subsequently becomes two separate roads only when it divides which is , I estimate some 2 - 3 meters after the exit. Even now looking at the road markings visible on GSV ( https://goo.gl/maps/FwP9WmyYncp ) I am unclear whether a motorist turning off Emmanuel Road could drive up Elm Street - the carriage way markings suggest No , but there is no "No Entry Sign" and there is no indication that it a "One Way" st..

Can anyone tell me if there is any guidance with regards to the the design of road signs which deal specifically with the positioning of stubs in relation to other roads on the sign. If you look at the sign https://goo.gl/maps/eULHAosAnLm on Emmanuel road which indicates the route for through traffic and the actual layout and proximity of the the two roads (New Square / Elm Street) I think you will understand the point I am making?

Once again thank you for your input


I will draft an argument re the signage and together with CPs draft re the 0845 number we can put together a strong argument. All points need to be put to the council its just a matter of how much detail. I like to tell them what they should be considering and let them do the work. As they often are not aware of the law that's when they make mistakes
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473138 · Replies: 17 · Views: 203

PASTMYBEST
Posted on: Yesterday, 21:53


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QUOTE (al22xx @ Wed, 20 Mar 2019 - 10:18) *
Hi PASTMYBEST
As promised I'm posting the Council respond to our letter you helped me compile for the record, unfortunately it wasn't successful but nevertheless Im grateful for your help as I know that was the best respond we could send.

The funny thing is that they provided a photo of the sign during a day & not at the time of offence, not sure if this hold water?
& there is no other evidence of the sign being lit at the time as my car in the photo, all the photos taken are from front & not behind

I have 10 days to pay so if you don't have any other bright ideas I have to bite the bullet on this one?

Thanks again


The choice must be yours Your argument would be the same and also another point that they did not consider tour representation

Fight or fold?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473127 · Replies: 7 · Views: 171

PASTMYBEST
Posted on: Yesterday, 20:28


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The police were told she is upstairs getting dressed. So why did she come down almost undressed? so she could cause a scene and the police are the bad guy's
  Forum: The Flame Pit · Post Preview: #1473114 · Replies: 7 · Views: 194

PASTMYBEST
Posted on: Yesterday, 20:26


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QUOTE (stamfordman @ Fri, 22 Mar 2019 - 19:46) *
Good - glad it worked. I word these ones like that so they click into discretion mode. But it wouldn't have worked with some councils we know.



Well done stamf, must admit I find it hard to draft these pleas for discretion. Just got no faith in councils any more thumbsup.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473113 · Replies: 18 · Views: 198

PASTMYBEST
Posted on: Yesterday, 20:20


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QUOTE (stamfordman @ Fri, 22 Mar 2019 - 19:39) *
Well seems to me the challenge and rejection set the hare running that a bay can be suspended by a sign not in the bay. I'm sure that this can be tackled at NTO stage and if still rejected would win at the tribunal.


three things re the sign


not in the bay so why look for it

its says one space but there is space for two cars

its not a permit bay

I would be carrying on
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473112 · Replies: 26 · Views: 282

PASTMYBEST
Posted on: Yesterday, 20:17


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I think the guidance of the TSM ( not used it for a while and didn't know it had been updated) lends itself to a no repeaters argument as it mentions the potential for confusion with other markings
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473110 · Replies: 15 · Views: 128

PASTMYBEST
Posted on: Yesterday, 18:30


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QUOTE (Mikail-1 @ Fri, 22 Mar 2019 - 17:52) *
QUOTE (PASTMYBEST @ Fri, 22 Mar 2019 - 14:23) *
QUOTE (Mikail-1 @ Fri, 22 Mar 2019 - 14:15) *
I will email it you in Pdf file. Have you got it now.


Yes thanks and a /cr one is that yours also


What is a/ cr ?


M/cr Manchester
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473102 · Replies: 64 · Views: 1,603

PASTMYBEST
Posted on: Yesterday, 17:43


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See 13.10 t0 13.10.5 here

https://assets.publishing.service.gov.uk/go...-chapter-03.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473091 · Replies: 15 · Views: 128

PASTMYBEST
Posted on: Yesterday, 15:49


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QUOTE (PASTMYBEST @ Fri, 22 Mar 2019 - 14:55) *
QUOTE (alfie1968 @ Fri, 22 Mar 2019 - 14:51) *
Also can I confirm that on the London Tribunals website for Grounds Of Appeal I should be ticking BOTH
"The contravention alleged by the authority on the penalty charge notice did not occur"

AND

"The penalty charge exceeded the amount applicable in the circumstances of the case"


PASTMYBEST - i've PM'd you


Yes I have responded


edit
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473055 · Replies: 36 · Views: 725

PASTMYBEST
Posted on: Yesterday, 15:33


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You have 28 days from the date you picked up the car to serve your representations on the council so if posting do so leaving at least 2 working days clear. Also do not send signed for or recorded. Just get a free proof of posting certificate from the post office
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473052 · Replies: 49 · Views: 673

PASTMYBEST
Posted on: Yesterday, 15:30


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Lets see the letter. Something I can say right now is that the sign did not comply with TSRGD 2002
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473051 · Replies: 26 · Views: 282

PASTMYBEST
Posted on: Yesterday, 14:58


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Should be fine
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473043 · Replies: 20 · Views: 439

PASTMYBEST
Posted on: Yesterday, 14:55


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QUOTE (alfie1968 @ Fri, 22 Mar 2019 - 14:51) *
Also can I confirm that on the London Tribunals website for Grounds Of Appeal I should be ticking BOTH
"The contravention alleged by the authority on the penalty charge notice did not occur"

AND

"The penalty charge exceeded the amount applicable in the circumstances of the case"


PASTMYBEST - i've PM'd you


Yes I have responded
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473040 · Replies: 36 · Views: 725

PASTMYBEST
Posted on: Yesterday, 14:32


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QUOTE (alfie1968 @ Fri, 22 Mar 2019 - 14:28) *
Hi PASTMYBEST

Apologies for the delay replying to your last post but I've been out of the country.

Firstly thanks for all your help and effort in creating the Grounds document that you kindly composed.
I see you help a lot of people on here and it must take up a lot of your time which is appreciated.

I'm trying to edit your document in Word but it's moaning saying it's an ODT document and there may
be some compatibility issues. Sure enough when I open it up some of it is garbled in the top right corner.

Here's a pic of what I mean https://ibb.co/3YNK2b4

Also can you confirm you've bolded all the text under section 1 point 3b?
I just want to make sure it's not another formatting issue and that it's not randomly bolding lines.

Thanks


PM me the required details and I will add them for you
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473030 · Replies: 36 · Views: 725

PASTMYBEST
Posted on: Yesterday, 14:27


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Have you got and did you refer to the wakins decision in your submissions? I so I dont think you need to add anything if not then perhaps you do
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473027 · Replies: 20 · Views: 439

PASTMYBEST
Posted on: Yesterday, 14:23


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QUOTE (Mikail-1 @ Fri, 22 Mar 2019 - 14:15) *
I will email it you in Pdf file. Have you got it now.


Yes thanks and a /cr one is that yours also
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1473024 · Replies: 64 · Views: 1,603

PASTMYBEST
Posted on: Yesterday, 13:00


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Yellow lines are legal within a permit bay. permit holders need to comply with the restrictions.

You could argue that there is a lack of repeater signs, these are not a requirement of the TSRGD 2016 but the council are required to comply with regulation 18 of the local authorities traffic orders (procedures) regulations 1996 that require that signage is adequate to inform of the restriction

This case lends support

2190070109 and 2160175899

The rejection is also flawed it two respects. It states the signs are compliant with TSRGD 2002 (as amended) this is not so the permit zone sign needed a special authorisation until the repeal of the 2002 regs to be replaced with the 2016 ones The also breach their common law duty not to fetter their discretion by stating they are unable to cancel. That is not true, They can at any time for any reason cancel



These arguments may succeed, but you would need to take them to the tribunal for a decision the council will not accept them
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472999 · Replies: 15 · Views: 128

PASTMYBEST
Posted on: Yesterday, 12:20


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QUOTE (hcandersen @ Fri, 22 Mar 2019 - 11:51) *
Your points go to mitigation only, they do not form a statutory defence.

Therefore you are asking the authority to exercise discretion.

According to you:
You knew you were not parked wholly within a space, but in mitigation you'd made very effort to do so given the location of other vehicles and recognising that you should maintain reasonable distances from the cars fore and aft to enable them to manoeuvre.

You bought a ticket which was displayed correctly.


Staying wholly within the bay behind would have left more room ant not put you in contravention
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472977 · Replies: 7 · Views: 77

PASTMYBEST
Posted on: Yesterday, 12:17


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QUOTE (princecharles @ Fri, 22 Mar 2019 - 11:57) *
Is anyone able to advise to the above? Thanks


Never wanting to be the bearer of bad news I did not respond earlier. IMO the rejection by the council is fairly comprehensive and the adjudicators would be likely to accept their account. Subject to other views I would pay the discount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472976 · Replies: 24 · Views: 617

PASTMYBEST
Posted on: Yesterday, 11:18


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post the council summary, we've seen the TRO the photos and the video
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472967 · Replies: 20 · Views: 439

PASTMYBEST
Posted on: Yesterday, 08:53


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QUOTE (kash123 @ Fri, 22 Mar 2019 - 06:30) *
I will highly appreciate if someone can let me know if I can personally drop the letter of representation to Newham Council office of Parking Correspondence as its late for me to send it by post and don't want to fax it as it takes long time from my previous experience.

Kind regards


If you step outside the 4 corners of the PCN then you have not complied with the conditions on the PCN and the council will not be obliged to reoffer the discount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472936 · Replies: 14 · Views: 182

PASTMYBEST
Posted on: Thu, 21 Mar 2019 - 15:30


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QUOTE (Mikail-1 @ Thu, 21 Mar 2019 - 14:09) *
Hi Pastmybest,
Thank you for all your hard work and the forum members who commented in this case.

Adjudicator's Decision
Adjudicator: Annie Hockaday | Decision date: 21/03/2019

PCN LQ96224XXX
Mr XXXXX XXXX , you have won this appeal.
There is nothing to pay and the authority will cancel the penalty charge
This is because the alleged bus lane contravention did not occur.
Adjudicator's reasons




Well done I am pleased


please attach the PDF of the adjudicators decision it is very important or e mail it to me

Edit

I have your e mail but it is in a difficult format. Please copy the decision as a PDF and attach that.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472809 · Replies: 64 · Views: 1,603

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 21:25


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You croosed the bridge drove up to the toll booth, then turned around and drove back. So 28 applies you did not pay when you should have
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472645 · Replies: 14 · Views: 225

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 20:39


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The law

https://www.legislation.gov.uk/ukla/1983/5/...19830005_en.pdf


its just not worth going before a magistrate for £16
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472630 · Replies: 14 · Views: 225

PASTMYBEST
Posted on: Wed, 20 Mar 2019 - 20:22


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It doesn't matter cycle track or not the contravention is

Save as provided in subsections (3), (4), (7) and (11), any person who causes or permits any vehicle to be parked in Greater London with one or more wheels [F2on or over any part of a road] other than a carriageway [F3, or on or over a footpath,] shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.]
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472620 · Replies: 14 · Views: 182

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