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FightBack Forums _ Council Parking Tickets & Clamping and Decriminalised Notices _ Bus Gate on Carlton Street - Nottingham

Posted by: 525-joe Thu, 22 Aug 2019 - 21:16
Post #1509902

Hey all,

The RK has been given the below notice

https://ibb.co/cxdcmWK
https://ibb.co/McGDCyY
https://ibb.co/yRHmc6N

It was a silly move, but is there any way that this can be beaten? I've tried to search past threads but they seem pretty old and inconclusive so would appreciate if anyone could have a look and see if there's any way out. Or is it bang to rights?

Many thanks in advance.

Posted by: PASTMYBEST Thu, 22 Aug 2019 - 23:44
Post #1509917

a technical argument re the 0845 telephone number for payment, but not sure fired

Posted by: cp8759 Fri, 23 Aug 2019 - 14:08
Post #1510045

With Nottingham it's complicated as the revenue goes to their contractor, Cobalt Limited. I never got to the bottom of whether the council derives any benefit from this.

Posted by: Incandescent Fri, 23 Aug 2019 - 16:17
Post #1510104

QUOTE (cp8759 @ Fri, 23 Aug 2019 - 15:08) *
With Nottingham it's complicated as the revenue goes to their contractor, Cobalt Limited. I never got to the bottom of whether the council derives any benefit from this.

Well, they must do as the contract between Cobalt Ltd and Nottingham CC will be priced with this revenue in mind, so Nottingham will pay less than they otherwise would, hence get a benefit.

Posted by: 525-joe Fri, 23 Aug 2019 - 17:56
Post #1510122

Thanks for the replies - is it worth appealing on the basis that the surcharge in demands a cost more than the pcn amount? Are there cases where this alone has won an appeal? I tried searching but couldn't find much

Posted by: cp8759 Sun, 25 Aug 2019 - 11:44
Post #1510428

QUOTE (Incandescent @ Fri, 23 Aug 2019 - 17:17) *
QUOTE (cp8759 @ Fri, 23 Aug 2019 - 15:08) *
With Nottingham it's complicated as the revenue goes to their contractor, Cobalt Limited. I never got to the bottom of whether the council derives any benefit from this.

Well, they must do as the contract between Cobalt Ltd and Nottingham CC will be priced with this revenue in mind, so Nottingham will pay less than they otherwise would, hence get a benefit.

I am not confident this would succeed at the tribunal. Every indication we have had so far is that, because this is a novel argument, even the adjudicators who are minded to accept this ground will only do so if they have a smoking gun, like an FOI disclosure confirming the council made £x profit out of the service charge over the past year. We only really have that for Cambridgeshire.

Once we've won a Cambridgeshire case, it's then easier to expand upon that decision, but I would not take a NCC case without a favourable decision to back it up first.

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