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CPM, Received a PCN was just dropping off my daughter!
bellarose
post Thu, 29 Sep 2016 - 16:53
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Hi,
I took my daughter to the hairdresser. I took her into the salon whilst my other daughter stayed in the car (only few seconds inside) when I came out there were 2 guys standing on the other side of the road, one had a body camera around his chest. I thought nothing of it until I received the PCN through the post. I'm fuming as I didn't see a sign but when I've gone back to check there's a sign on the other side of the rd from where I parked. Any advise much appreciated
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post Thu, 29 Sep 2016 - 16:53
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bellarose
post Wed, 5 Oct 2016 - 11:46
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Hi Churchmouse, the address of where I stopped is The Quartz Way, Sittingbourne ME10 5AB .
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cabbyman
post Wed, 5 Oct 2016 - 12:53
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No GSV available. Google Maps still show it as a building site.

You could try the local authority to see if either they have adopted the road or if they know the current status.


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Cabbyman 10 PPCs 0
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bellarose
post Sun, 9 Oct 2016 - 18:58
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Should I send a letter stating that I was the driver but by law they have to give me a certain amount of time to read the signs?
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Autolycus
post Sun, 9 Oct 2016 - 19:05
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QUOTE (bellarose @ Sun, 9 Oct 2016 - 19:58) *
Should I send a letter stating that I was the driver but by law they have to give me a certain amount of time to read the signs?

No! At no point should you say who was driving. If and when you do write to them you refer to "The driver did this", "The driver did that", "The driver should have been allowed a grace period to read the signage" etc etc.

You should also edit the scanned images to remove ALL identifying info - your name, the PCN number, etc etc. And edit any previous posts that say who was driving.


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peterguk
post Sun, 9 Oct 2016 - 19:06
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QUOTE (bellarose @ Sun, 9 Oct 2016 - 19:58) *
Should I send a letter stating that I was the driver


Have you read ANY other threads in the PPC forum?


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bellarose
post Mon, 10 Oct 2016 - 09:20
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thank you very much Autolycus
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bellarose
post Mon, 10 Oct 2016 - 09:32
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can someone please advise how I remove/edit my photos? thank you in advance

Hi petergurk yes I've been reading through all of the post but to be honest I haven't come across one that resembles mine and I'm not sure on how best to word my letter.
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nosferatu1001
post Mon, 10 Oct 2016 - 11:50
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The underlying details are often unimporant. the same reasons to appeal / deny debt are there, as ever.

How about you post something up, and we can say if youre on the right lines?

You can manageattachements undewr your username I believe.
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bellarose
post Tue, 11 Oct 2016 - 08:33
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If I don't say that I'm the driver but then state that there should have been a grace period for reading the signs wouldn't that be a contradiction?
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nosferatu1001
post Tue, 11 Oct 2016 - 08:46
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No, why would it be? Stop overthinking this. this advice is given out daily, you are not unique, and if it were bad advice it would have been knocked back already.

The driver needs time to enter, find a space, park, find signs, read signs, understand signs and decide whether or not to accept. That is true in all cases, and is why the BPA code of practice requires "adeuqate" time. They dont define this, but as leaving requires 10min grace then as entering requires more processes, it must be AT LEAST 10 minutes to be equitable.

Notice how I can state all of that despite NEVER HAVING BEEN THE DRIVER? smile.gif And note how I just called the driver...dum dum dum...the driver? smile.gif

This post has been edited by nosferatu1001: Tue, 11 Oct 2016 - 08:47
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southpaw82
post Tue, 11 Oct 2016 - 08:56
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QUOTE (nosferatu1001 @ Tue, 4 Oct 2016 - 11:59) *
Npothign there indicates it is a private road. In fact the roadway would be covered under teh RTE until the edge of the highway, which would be the property line. So theyre enforcing somewhere they cannto do so.

Can you explain the basis for this post? If the road is private property, and is nevertheless subject to the traffic laws, how does this prevent a contract from arising?

As an aside, I find a lot of the responses in this thread to be overly aggressive. You know who you are, please stop it.

OP, if you want your images removed let me know - today - and I will do so.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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emanresu
post Tue, 11 Oct 2016 - 09:16
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Public or private? Oddly Kent CC has a free gazetteer of public roads here. Manchester charges for such information.

http://www.kent.gov.uk/__data/assets/pdf_f...teer-report.pdf

STREET NAME: QUARTZ WAY
USRN: 39010354
TOWN: SITTINGBOURNE
DISTRICT: SWALE
STATUS: PUBLICLY MAINTAINABLE HIGHWAY

Seems they may be issuing tickets on the highway. You may want to ask the council about this and those signs. Or it could be similar to the Brent one where the loading bay is private while the road alongside is public. Again the council should be able to advise.

This post has been edited by emanresu: Tue, 11 Oct 2016 - 09:18


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Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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bellarose
post Tue, 11 Oct 2016 - 22:09
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thank you southpaw82. if you can please remove my my photos as I've been made aware that my name and PCN number are visible. I've tried doing this myself without success. Thank you again
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bellarose
post Fri, 14 Oct 2016 - 11:45
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Ok so heres goes my letter, please do let me know what you think or if there's anything else I should be adding?
Thank you in advance,


Dear Sir/Madam,

In reference to the PCN received on the 22nd September 2016. Can you please provide me with photographic evidence of the length of stay that the car in question was parked for? As per code of practice clearly states:

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

Can you also provide photographic evidence of the signs that are visible on the street to where the offence is said to have taken place?

What do you guys think? I have stated the photographic evidence as the only sign that I saw was one on the other side of the rd & one half way up a lamp post.
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Lynnzer
post Sat, 15 Oct 2016 - 08:30
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QUOTE (bellarose @ Fri, 14 Oct 2016 - 12:45) *
Ok so heres goes my letter, please do let me know what you think or if there's anything else I should be adding?
Thank you in advance,


Dear Sir/Madam,

In reference to the PCN received on the 22nd September 2016. Can you please provide me with photographic evidence of the length of stay that the car in question was parked for? As per code of practice clearly states:

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

I require you to provide photographic evidence of the signs that are visible on the street to where the offence is said to have taken place?

It is my understanding that the road on which you claim to have authority to operate on, is actually part of the public highway. I would require evidence that it is either privately owned or you have a contract with the council to operate a parking service on the road before further consideration is made on this matter.

What do you guys think? I have stated the photographic evidence as the only sign that I saw was one on the other side of the rd & one half way up a lamp post.

Added red text.

This post has been edited by Lynnzer: Sat, 15 Oct 2016 - 08:31


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bellarose
post Sat, 15 Oct 2016 - 10:21
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thank you so much Lynnzer really appreciate it :-)
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bellarose
post Sat, 29 Oct 2016 - 18:39
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Evening,
This is the letter that I received today. The photograph of the sign on the letter is on the other side of the road to where I stopped and I did not see it until I returned to the area to investigate further.

Any advice as to what I should do next very much appreciated.

Thank you
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cabbyman
post Sat, 29 Oct 2016 - 19:03
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Page 2 is too small to be read. Can you host it externally and post the IMG tag please.


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bellarose
post Sat, 29 Oct 2016 - 19:12
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hope this is better :-)
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cabbyman
post Sat, 29 Oct 2016 - 19:48
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They have failed to address the matter of the status of the road. Have you been in touch with the local authority to see if it is in fact public highway?


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Cabbyman 10 PPCs 0
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