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Bus Gate on Carlton Street - Nottingham
525-joe
post Thu, 22 Aug 2019 - 21:16
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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.

This post has been edited by 525-joe: Thu, 22 Aug 2019 - 21:22
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post Thu, 22 Aug 2019 - 21:16
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PASTMYBEST
post Thu, 22 Aug 2019 - 23:44
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a technical argument re the 0845 telephone number for payment, but not sure fired


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cp8759
post Fri, 23 Aug 2019 - 14:08
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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.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Incandescent
post Fri, 23 Aug 2019 - 16:17
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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.
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525-joe
post Fri, 23 Aug 2019 - 17:56
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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
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cp8759
post Sun, 25 Aug 2019 - 11:44
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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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No, I am not a lawyer.
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