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Incandescent
Posted on: Yesterday, 22:50


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Getting little "angina attacks" like your friend got are fairly common in the adult population as I understand it. Has he been subscribed any medicine ? Is he morbidly obese ? Normal stuff is something that goes under the tongue, I believe it is nitroglycerine of all things !! If your friend wants to fight it, he will need to get a doctor's letter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1494150 · Replies: 10 · Views: 136

Incandescent
Posted on: Yesterday, 22:43


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Where Mr Knapp is totally wrong in law is to equate the fee for the phone call as just being a cost of using that particular method of payment: -

QUOTE
There is always a cost to an appellant in making a payment whether that is paying for postage, a
telephone call (the cost of which will also vary depending on the device used) or perhaps travelling
to make a payment in person. These costs are part of everyday life and so the cost of a phone
call, even if a proportion, which cannot be ascertained in any particular case unless payment of
the penalty was made and the telephone call timed, is not an additional penalty charge
.


Except it IS an additional penalty charge payment because part of the fee is paid to the council for, presumably, helping the telephone company to make profits. This is different to sending a cheque where postage is paid as the postal fee is retained by Royal Mail, and any account fee for the cheque is retained by the bank, and the council get nothing other than the penalty charge.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1494148 · Replies: 14 · Views: 258

Incandescent
Posted on: Yesterday, 22:32


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QUOTE (cp8759 @ Thu, 20 Jun 2019 - 21:05) *
QUOTE (Incandescent @ Thu, 20 Jun 2019 - 08:51) *
Not the magistrates court, it is the local County Court. Magistrates courts are criminal courts.

A statutory declaration can be witnessed before the magistrates' court, whether to go to the county court or the magistrates' court is purely down to what's more convenient in times of distance / travel time / waiting time.

Thanks for this information; very useful.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1494146 · Replies: 37 · Views: 405

Incandescent
Posted on: Yesterday, 13:13


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I have to say, having looked at the video, that this one is not a winner. The small truck is pretty much over the speed bumps at the moment the OP's car proceeds without any pause at all, past the give-way line. Not one I'd risk the discount on, I have to say. Obviously it is such a huge money spinner the council will never put in traffic lights, they'd lose all that cash ! What a venal and rapacious lot they are.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1494009 · Replies: 6 · Views: 103

Incandescent
Posted on: Yesterday, 10:56


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This story needs to go into the national and local press if the council persist.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493960 · Replies: 29 · Views: 389

Incandescent
Posted on: Yesterday, 09:51


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What is confusing ? As motorist you have a duty when parking to see if there are any restrictions. Here there are three separate suspension signs, one of which will have applied on the day you parked. As there is a duty on councils to give advance warning of restrictions, so if there is another suspension on the same parking bay some time in the future, this sign has to go somewhere.

Please tell us why you appear not to have bothered reading the signs. I would have thought they are difficult to miss.

Edit
Sorry, I seem to have been a bit harsh ! Tell us why you parked despite these signs being very near your car. Did they give conflicting information, for instance ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493931 · Replies: 2 · Views: 46

Incandescent
Posted on: Yesterday, 07:51


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Not the magistrates court, it is the local County Court. Magistrates courts are criminal courts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493899 · Replies: 37 · Views: 405

Incandescent
Posted on: Wed, 19 Jun 2019 - 23:34


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Mitigation is totally within the power of the enforcement authority alone, adjudicators, (London Tribunals), can only decide on the law. Experience of this forum is that most London authorities, including Transport for London, tend not to use their discretion, essentially the money is more important for them than the circumstances.

All you can do is sub it reps on what occurred based on what you have said here. Post up their reply when you get it. One would hope they can show humanity, but I suspect they won't. Others may be able to find a legal reason for cancellation of the two PCNs, but I can't, so before you do anything wait a bit, but don't miss the deadline for submitting reps or paying.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493882 · Replies: 3 · Views: 86

Incandescent
Posted on: Wed, 19 Jun 2019 - 19:12


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This is a deeply wicked council and somebody there should be hanging their head in shame for writing such a wicked letter. But of course we all know its the cash that counts and nothing else.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493816 · Replies: 29 · Views: 389

Incandescent
Posted on: Wed, 19 Jun 2019 - 19:08


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Where there is a restriction sign with not days or times, it applies 24x7. I suppose you were to the left of that sign that is at the boundary between the Loading Only bay, and the 20 minute parking bay. If so, you're bang-to-rights, but the PCN may contain fatal errors of content.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493812 · Replies: 5 · Views: 110

Incandescent
Posted on: Wed, 19 Jun 2019 - 19:02


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If you want to take this all the way, submit reps to the Notice of Enforcement, else pay-up. Your reps will be the same as last time, namely the traffic situation was sucb, (buses in front of you), that you didn't see the signs. If they reject, take them to London Tribunals, the penalty remains the same.

As said before, all the regulars on here give their time freely, we get no fees at all. Some will even post up advice in the middle of the night ! Whilst some people will prepare a submission for you, it is always better if you write your own, and then get it reviewed here before submitting it.

Have we seen the video here ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493808 · Replies: 32 · Views: 628

Incandescent
Posted on: Wed, 19 Jun 2019 - 18:48


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QUOTE (cp8759 @ Wed, 19 Jun 2019 - 19:33) *
QUOTE (Mad Mick V @ Wed, 19 Jun 2019 - 12:58) *
Doesn't this Council use the Code 62 footway restriction?

As it's not London they would need to have orders and signs in place to use that code.

And even if the OP was in London, the PCN stated contravention would still be valid. As I stated before, the DYLs apply to the whole road incl. footways and verges.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493800 · Replies: 12 · Views: 186

Incandescent
Posted on: Wed, 19 Jun 2019 - 18:08


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Please tell us more about the "chest pain". It would be natural to stop in such circumstances, but such is the greed for cash by councils they will only give way if some form of medical report is presented.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493772 · Replies: 10 · Views: 136

Incandescent
Posted on: Wed, 19 Jun 2019 - 11:06


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QUOTE (truescot @ Wed, 19 Jun 2019 - 11:50) *
Photos

I'm not sure if I've done this right, this isn't my strong point unfortunately. Thanks. You should hopefully be able to see everything now? My car was parked pretty much where the taxi is in the picture, inside a car park on the other side of the DYL.

Except the photo of your car shows you partly on the footway. This means the double-yellow lines apply. Yellow lines apply to the whole road including footways and verges. Sorry to say it, but you are bang-to-rights.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493644 · Replies: 12 · Views: 186

Incandescent
Posted on: Wed, 19 Jun 2019 - 10:59


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OP, the fault is yours. You have only now, 6 months after the PCN date, updated your V5C after getting the bailiff notice notice. It is an offence to not keep the V5C up-to-date.

Having said all that, you are not alone, as we see lots of cases like this. My personal opinion is that the DVLA are in the dark ages. When my mother died, I was able to advise all the relevant government departments with a single message, yet here we are with the DVLA having no links at all between driver and vehicle licence databases. To update your V5 you have to send part of it off to Swansea, for heavens sake !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493641 · Replies: 6 · Views: 128

Incandescent
Posted on: Tue, 18 Jun 2019 - 22:00


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Whilst the permit conditions allow 2 hours, there will invariably be a "No return in nn hours" condition as well, or there is nothing to stop you driving off and returning a couple of minutes later. So the question is - is there such a condition and if so, what is the minimum time before returning.

As requested, please post up the documents.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493570 · Replies: 5 · Views: 106

Incandescent
Posted on: Mon, 17 Jun 2019 - 23:43


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Their letter is tosh, basically. Loading applies to non-commercial activity as well as commercial, so stating you should submit proff like an invoice or a receipt is nonsense. However some sort of idea of the size of the goods would be necessary at adjudication where I assume you will take them eventually if they prove intransigent.

So if you want to stand your ground, wait for the Notice to Owner, and submit reps again, but with some evidence of the size and weight of the goods. I you already did this, then they have "failed to consider", so have committed a procedural impropriety.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493269 · Replies: 15 · Views: 348

Incandescent
Posted on: Mon, 17 Jun 2019 - 23:37


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There are two periods defined in law: -

1. Notice to Owner must be served within 6 months of the alleged contravention date.

2. Response to reps to a Notice to Owner must be sent within 56 days of receipt of the reps or those reps succeed and PCN is cancelled

The above applies only to parking under the Traffic Management Act 2004.

Their letter re-offers the discount, but if you don't pay within the period defined, then the full £80 is payable. If you ignore the matter, you'll end up with bailiffs at your door. They will not take you to adjudication, only you have that right. The discount option is lost if you go to adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493268 · Replies: 59 · Views: 1,653

Incandescent
Posted on: Mon, 17 Jun 2019 - 23:30


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Presumably these are in addition to the PCN in your previous thread.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493267 · Replies: 3 · Views: 91

Incandescent
Posted on: Mon, 17 Jun 2019 - 23:28


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QUOTE (shoadam @ Mon, 17 Jun 2019 - 23:22) *
will i have to pay or shall i appeal it? will it best?

possible to get a monthly payment plan?

I regret to say this, but in cases like this, where the debt has not got too large, coughing up is probably your best option, as Neil B suggests. Submitting an OOT will be a gamble, and whilst it is free to submit, if it fails you start to get into having to pay for County Court judge reviews at £100 which is non-recoverable, and if the judge agrees with TEC rejecting your OOT, your £278 bailiff fee now is £378.

Whether the bailiff will accept a payment plan only they can tell you.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493266 · Replies: 86 · Views: 1,230

Incandescent
Posted on: Mon, 17 Jun 2019 - 16:28


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All you have to do is submit informal reps stating that the PCN has been issued in error as your car, (a Golf) is not over the weight and dimensions restrictions for the car park.

Post up their reply when you get it. We will all be interested to see what prestidigitation they use to justify it. They cannot legally re-issue the PCN with a different contravention code and description.

Basically, the CEO made a mistake using his little machine.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493181 · Replies: 16 · Views: 194

Incandescent
Posted on: Mon, 17 Jun 2019 - 16:16


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OK, so you don't believe their statement of notice erection date. Well you have the option to take the matter to adjudication to see if your story is more believable than the council. That, I'm afraid is how things work, as the criminal standard of proof is not required, and ajudicator will decide based on "the balance of probabilities". As it is their word or yours on the sign it is essential you attend the adjudication. The council are very unlikely to attend.

QUOTE
I parked my car in my street at 22:35 on 11th June 2019, opposite my house. I was issued with a PCN for parking in a suspended bay at 14:17 on 12th June 2019. The suspension notice stated that it's applicable from 00:00 12th June 2019. I spotted the PCN when I went to my car at 15:20 on 12th June 2019, having seen the suspension notice when I opened my front door. I have no recollection of seeing it prior to that.


So seeing the sign immediately you open your front door to go to your car on the 12th, it being virtually outside the door, yet did not see it when you went into your house the previous day surely means the sign wasn't there when you parked-up. Either that or it being dark you didn't notice it. You have to convince the adjudicator it wasn't there when you parked.

What you say here is also something to put to the adjudicator: -

QUOTE
Now so far, Merton Council could simply say that it is their word against mine and they erected the suspension notice prior to my parking there on 11th. However, today I went out to look at the suspension notice again and it's been altered so that the suspension now starts from 00:00 14th June 2019.


Could it be they took the sign down to alter it. Even if they didn't, altering the date, means it is effectively a new suspension notice, so when did they alter it. The PCN is surely void as their own sign has a revised date on it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1493178 · Replies: 10 · Views: 213

Incandescent
Posted on: Sat, 15 Jun 2019 - 22:15


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Loading applies to goods only. There is no real legal definition of it, (typical English law fudge), but is generally meant as unloading or loading goods and the activities essential to that activity. Where a council wishes to restrict this to commercial loading, it is done by making the bay available for commercial good-carrying vehicles only, not the nature of the goods.

As far as your wife is concerned, the activity is boarding/alighting passengers, nothing else.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1492793 · Replies: 14 · Views: 158

Incandescent
Posted on: Sat, 15 Jun 2019 - 22:07


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QUOTE (termite x @ Sat, 15 Jun 2019 - 22:03) *
Video here:

https://vimeo.com/user99766984/review/342489498/38478257e2

Agree that he should have just scooted down the left of the stopped car. He is 72 though.

TX.

Link doesn't work for me at least.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1492791 · Replies: 10 · Views: 147

Incandescent
Posted on: Sat, 15 Jun 2019 - 20:32


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Depends on whether she was legless or not !

Seriously, if you are boarding a passenger, that is an exemption to yellow lines, but I'm not sure about loading bays. Everything else you have said is of no relevance.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1492764 · Replies: 14 · Views: 158

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