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PASTMYBEST
Posted on: Today, 11:27


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QUOTE (damien6017 @ Sun, 17 Feb 2019 - 11:07) *
Thank you for all advices, looks like there are not reallly chance to get it cancelled also some of my neighbours still parking this way.



I think you could get this one cancelled, but as CP says you are now on notice that parking on the verge will now be enforced. you would have to risk paying the full amount if an adjudicator decides against you. so the decision must be yours

I rate your chances at better than 50/50 with help from here
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462889 · Replies: 10 · Views: 156

PASTMYBEST
Posted on: Yesterday, 23:46


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QUOTE (turkontour7 @ Sat, 16 Feb 2019 - 17:48) *
k - I'm ready to take this on
What happens next?



We nail their nuts to a fence.


it needs to be two pronged attack, first to the tribunal to have the PCN cancelled and second via the council complaints procedure to get the policy changed because it is ultra vires. Member HCA is particularly good at this having an intimate knowledge of the workings of local government
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462845 · Replies: 35 · Views: 589

PASTMYBEST
Posted on: Yesterday, 17:43


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I reckon here

https://www.google.co.uk/maps/@51.6757015,-...6384!8i8192

if so the first thinner kerbstone is sloping so no contravention. That is what the law says though councils like to say otherwise, post the back of one PCN

The situation may differ for each PCN so we need council photos for each
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462752 · Replies: 14 · Views: 126

PASTMYBEST
Posted on: Yesterday, 16:40


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post the PCN as well redact only reg and pcn number and a GSV link
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462741 · Replies: 14 · Views: 126

PASTMYBEST
Posted on: Yesterday, 16:38


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QUOTE (cp8759 @ Sat, 16 Feb 2019 - 13:14) *
I'm not so optimistic. The letter from 2007 suggests footway parking at this location was under review at the time. I suspect that review was completed many years ago, and if they didn't install any signs allowing footway parking, the outcome of the review must have been that footway parking should not be permitted.



That is true, but what action did the council take to inform that the discretionary practice of not enforcing is to be revoked and why 12 years later

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462740 · Replies: 10 · Views: 156

PASTMYBEST
Posted on: Yesterday, 11:08


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That shot highlights the prominence of the sign on the post as against the sign on the wall
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462641 · Replies: 26 · Views: 327

PASTMYBEST
Posted on: Yesterday, 11:06


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QUOTE (HP Intel @ Sat, 16 Feb 2019 - 06:21) *
Do you wait for the NTO to obtain the council photos? I can’t see them on the council appeal site. I will upload the back of the PCN later today. I’ll also get a screenshot of the GSV, but appears there is a car located right where mine was also parked (being a popular place to park and all..).


if the photos are not online phone and ask for them
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462639 · Replies: 6 · Views: 157

PASTMYBEST
Posted on: Yesterday, 11:05


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Who is it that sent the rejection? the council or a contractor
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462637 · Replies: 35 · Views: 589

PASTMYBEST
Posted on: Yesterday, 10:58


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We also need to see what you sent by way of challenge. Failing to consider seems likely as does a claim of legitimate expectation that you may park there
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462634 · Replies: 10 · Views: 156

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 22:06


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QUOTE (DancingDad @ Fri, 15 Feb 2019 - 21:42) *
I thnk this is one where I would be fairly assertive and a little blunt with the appeal.
Tell the adjudicator what happened, directly and what you want them to see.

Ground of Contravention Did Not Occur.

The vehicle did not stop due to stationary vehicles.
Without this, despite the authority saying otherwise within the NOR, there is no contravention.
I do not dispute that the vehicle stopped but do dispute the reasoning of the authority within the NOR to continue enforcement.

The vehicle stopped simply because the driver (my mother) stalled while changing lanes to exit the box junction.
The video clearly shows that she had turned and wasn't impeded by any stationary vehicle when she stopped.
The video shows a clear exit that she was aiming for, an exit that was still clear and that eventually she used with no further stops.
The video obviously cannot show a stall as such but there is no other reason to stop as she did, no brake lights at the point of stopping for instance.
I have discussed this with her, she was simply struggling with an unfamiliar vehicle on her second outing in it.
A vehicle with manual gear box and clutch to control when she is used to automatics.
She stalled, panicked a little but restarted the engine and left the box as soon as possible.
I attach a statement from my mother explaining in her own words what happened.
I ask leave for my mother to attend the hearing to be able to speak first hand.
I ask that the adjudicator confirms my understanding that a stop in these circumstances does not satisfy the requirements of the contravention.


My take on it, relatively simple, relies on credibility at the hearing, doesn't gild the lily with extraneous verbiage.
Do bear in mind that she did muck up in entering the box without a clear exit but fortune sometimes smiles and she was presented with an exit that she could use and was safely aiming for. And that all motorists stall occasionally, usually at inopportune moments, I'll bet the adjudicator has.
It doesn't seek to score points or tell the adjudicator the law...though you may need to remind them at the hearing if they seem to be wavering.... politely.
Only add that your mother will attend if she will, a hearing is relatively informal, not like a courtroom as TV shows depict, simply a room with a table and an adjudicator, nothing to be scared of.
But I cannot see you losing if she simply tells the truth.


Usually with a case like this I would have posted a whole raft of cases to support the argument. But haven't because this tack purported by DD is exactly the right one
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462583 · Replies: 47 · Views: 883

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 17:39


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QUOTE (notmeatloaf @ Fri, 15 Feb 2019 - 15:29) *
Ridiculous that it would be fail to consider.

Almost every organisation sending out letters uses proforma templates to some degree. I would imagine a lot of appeals are a lot more basic then the ones on here. Typing out an individual reply to each one would be a collosal waste of time.

In my hospital Trust we use three different pieces of software to do different letters, and anything that can't be done automatically is dictated and sent to India to type. That's the real world.


Why should it be ridiculous? the law every one of them requires that the council considers challenges and representations If some one says I stopped on a DYL to alight my 100 year old disabled granny and she needs help to get into the house. Their template says you cannot park on DYL so pay up it is wrong the statutory exemption is claimed and if it is to be rejected there must be a reason
  Forum: The Flame Pit · Post Preview: #1462541 · Replies: 10 · Views: 298

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 17:20


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I take it was your car?

Here's the TRO

https://tro.trafficpenaltytribunal.gov.uk/T...rdiff/QC26B.pdf

Can you remember what you were doing there 3 years ago? there are lots of exemptions
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462536 · Replies: 134 · Views: 4,112

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 13:55


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QUOTE (Steve_999 @ Fri, 15 Feb 2019 - 13:43) *
QUOTE (stamfordman @ Fri, 15 Feb 2019 - 13:08) *
How many seconds were you stopped for.


I make it 3 seconds static before reversing.


teach me to watch for a bit longer. The reverse might save you,


box markings difficult to see in the available light, by the time you realise you cannot stop before entering so stop safely then reverse out. Plausible? yes might be 50/50 but given TfL's propensity to mess up worth a shot.

save the cost of a cup of coffee a week from now til you would have to pay if you lose and you will save the difference

post a draft here before you send anythng
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462488 · Replies: 16 · Views: 232

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 13:09


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QUOTE (willy101 @ Fri, 15 Feb 2019 - 12:21) *
QUOTE (PASTMYBEST @ Fri, 15 Feb 2019 - 13:02) *
The only thing I can see is that the markings are faded, but as it would need to go to adjudication at the full £130 I don't think I'd risk it

So should I pay it here and now and not to challenge it ?



only if the are still accepting the discount, if not you might as well challenge
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462477 · Replies: 16 · Views: 232

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 12:02


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The only thing I can see is that the markings are faded, but as it would need to go to adjudication at the full £130 I don't think I'd risk it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462460 · Replies: 16 · Views: 232

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 11:19


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QUOTE (biscuitThief @ Fri, 15 Feb 2019 - 11:11) *
QUOTE (DancingDad @ Fri, 15 Feb 2019 - 10:49) *
QUOTE (hcandersen @ Thu, 14 Feb 2019 - 21:11) *
I don't understand the references to whether the exit was clear or not. Such issues only arise if the motorist subsequently stops because a vehicle associated with exit not being clear stops.

But this doesn't apply here.

The motorist stopped because they stalled.

IMO, that's the long and short of matters.



Simply because it is a dynamic situation and one where an adjudicator can and is likely to take all into account.
The clear exit lane and that the vehicle is steering towards it is positive.
Entering without a clear exit lane is negative.
Neither confirm or deny the contravention but build into a story.

Had the vehicle entered a box with clear exits and simply stopped, stalled or deliberate, there is no contravention.
Had there been no exits and the driver stopped, even if it was a stall, with no chance of being able to exit cleanly, there is a contravention.
The driver here is heading for a clear exit having been frustrated by a stationary vehicle.
The stationary vehicle did not cause the stop directly but the stop could be seen as indirectly caused.

Having said that, if the adjudicator accepts that it was a stall during a manoeuvre to exit the box and as such poor driving there is no contravention.


Thanks for this - sounds like it will come down to the adjudicator's interpretation.

Here's the appeal and the statement from my mum. I'll wait till tomorrow morning before sending it off in case anyone here thinks I should amend it.

Appeal
I would like to ask the adjudicator to consider my case on the grounds that the contravention did not occur.
1) My vehicle would have cleared the yellow box junction had the driver, my mum who was using it with my permission, not stalled the car near the junction's exit
2) The white car and the black car, in front and on the left, were able to clear the box easily and the video shows my vehicle approaching this same clearing space to the left when my mum suddenly stalled it
3) The stalling was the result of switching from an automatic to manual car (I bought the car on 01 Dec 2018, only nine days before the alleged contravention). Previously, my mum had been using an automatic car for six years and was having to readjust to using a manual
4) The Notice of Rejection says the reason for stopping can't be verified by them but evidence of stalling can be seen from the behaviour of the brake lights, the backwards rolling and the fact that the video shows my vehicle still stalled within the junction even after all the cars ahead have moved out of shot

Mum's Statement
I was driving the car when I stalled it in the box junction. I was slowing down and trying to move into the left lane when it happened. It didn't seem like I had stalled for a long time. I did restart the car and continue driving as quickly as possible; there was nothing stopping me from driving out of the box junction. I want to mention that this happened because I had not driven a manual car for about 6 years because my daughter used to have an automatic and that was the only car I drove. It took me 2-3 journeys to get used to driving a manual again. The day I stalled in the box was only my second time driving the manual car because she had bought it just a few days before. I do understand the rules for box junctions and I did make sure to check that the road ahead was clear before entering it on 10 December 2018. I hope that my explanation helps.



It seems a bit contrived to me. Miss out your paragraph 3, let mum say why she stalled you don't really know you were not there
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462444 · Replies: 47 · Views: 883

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 11:14


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Narrow it down a bit that's a six minute video at what point in it is the contravention you are accused of
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462441 · Replies: 16 · Views: 232

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 10:20


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See this case signage compliant my a*se

https://1drv.ms/b/s!AtBHPhdJdppVqkNx3g8q3GPKWApV
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462418 · Replies: 10 · Views: 213

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 08:40


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post the PCN and the council photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462388 · Replies: 3 · Views: 107

PASTMYBEST
Posted on: Fri, 15 Feb 2019 - 08:39


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post the PCN and ask TfL for the video and post that, depending on what it shows you may have a case
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462387 · Replies: 1 · Views: 60

PASTMYBEST
Posted on: Thu, 14 Feb 2019 - 22:35


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QUOTE (BenADI @ Thu, 14 Feb 2019 - 21:31) *
Would something like this make sense as an appeal?

Dear Sir/Madam

I wish to challenge this PCN that was issued onto my vehicle.
The sign which are located on George Street appears to be faded, which makes it hard to read at night (As can be seen by the pictures taken by the CEO). This issue caused my girlfriend confusion as it appeared that no parking restrictions is place at the time.

We ask that you use your discretion on this occasion, as the sign can appear to be misleading and is very hard to see in the dark.

Yours
xxxxx


just been looking at GSV and was thinking that sign lacks prominence
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462356 · Replies: 11 · Views: 234

PASTMYBEST
Posted on: Thu, 14 Feb 2019 - 22:30


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What I see from the video is that mum enters the box the car directly in front of her moves to the left the traffic is moving albeit slowly. The car 3 in front of you comes to a stop outside the box indicating left. I guess that the car in front of him is turning right. The car that was immediately in front of you continues left and clears the box leaving plenty of room for mum to do the same but she stalls

Entering the box when there are vehicles in front of you is not a contravention, stopping in the box because those vehicles cause you to is. There was always a clear exit for mum and she directed the car towards that exit and would have taken it had she not stalled.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462354 · Replies: 47 · Views: 883

PASTMYBEST
Posted on: Thu, 14 Feb 2019 - 22:12


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Post here for review before you send anything,
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462346 · Replies: 4 · Views: 83

PASTMYBEST
Posted on: Thu, 14 Feb 2019 - 21:25


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Your link doesn't work I guess here

https://www.google.co.uk/maps/@52.0536232,1...3312!8i6656


We need to see the back of the PCN and the council photos to give proper advice, but it looks from those you have posted that you have a case
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462337 · Replies: 6 · Views: 157

PASTMYBEST
Posted on: Thu, 14 Feb 2019 - 19:16


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If we had the PCN and knew the location we might find something arguable
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462299 · Replies: 6 · Views: 170

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