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Neil B
Posted on: Yesterday, 12:49


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QUOTE (Dundermoose1 @ Mon, 16 Jul 2018 - 13:05) *
I can't for the life of me fathom under what grounds the Counsel are opposing our application. But to cut a long story short, we are now awaiting the Court's decision.

Council should have sent you a copy. Query where that is.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399411 · Replies: 53 · Views: 2,450

Neil B
Posted on: Yesterday, 09:49


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QUOTE (evemaila @ Mon, 16 Jul 2018 - 09:07) *
QUOTE (ford poplar @ Mon, 16 Jul 2018 - 03:32) *
Your chances of a refund from Bailiff is 'slim'.
What is the 'docref date' on the new V5c?
Another reason why people should obtain min 3 month mail redirection when moving property.


It's 27/03/2018. Would it be a good idea to send a copy of this with the PE2 and PE3 forms, as well as maybe a council tax bill?

The detail should have been on PE2 not 3 and as much of your statement supported by evidence as possible.

The fact that DVLA updated your address before a Charge Certificate was issued and well before the debt was registered
should have been highlighted. As should the PCN being very close to when you sent your update to DVLA (probably).

QUOTE (evemaila @ Mon, 16 Jul 2018 - 01:24) *
Also, what's the chance that DVLA will give us the £1000 fine for not updating the V5C in time?

We can't say it won't happen but I don't recall us ever hearing of it here.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399338 · Replies: 14 · Views: 303

Neil B
Posted on: Sun, 15 Jul 2018 - 23:22


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QUOTE (cp8759 @ Sun, 15 Jul 2018 - 22:14) *
QUOTE (Incandescent @ Sun, 15 Jul 2018 - 21:59) *
QUOTE
As for the other two, is there any possible chance of us getting the money back from the bailiffs?

Almost nil, I'd say. UK civil law can be very harsh, as you have found out. I'd say it's more harsh than the criminal law. People have committed suicide on being told they owe hundreds of pounds they haven't a clue about.

Not really though, if you owe a criminal fine they'll take your door off its hinges with a big read key and take you to court in cuffs, and even if you go bankrupt that won't write them off. You also can't go to prison for owing a lawfully incurred civil debt.

And the Local Authority Ombudsman has also disagreed !
The target for refunds would primarily be the Council anyway and, since filing an OOT is free, why not try?

QUOTE (evemaila @ Sun, 15 Jul 2018 - 20:45) *
Ok I understand, we are getting the forms for the latest one witnessed tomorrow and will email them to TEC before 4pm.

Erm, I did think you might ask questions on content or show your draft here first.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399298 · Replies: 14 · Views: 303

Neil B
Posted on: Sun, 15 Jul 2018 - 00:52


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QUOTE (KipDFaith @ Sun, 15 Jul 2018 - 01:25) *
Well I have lost the discount since the ticket was issued in April, the week just before I left the country until June when I found the reminder.
I am not sure how to get the photographic evidence from the council's website, but I have emailed the council requesting for it and hope to hear from them soon. Once I get it I shall post them on here.

Are there any dates involved in this?

By "reminder", presumably mean the Notice to Owner?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399119 · Replies: 9 · Views: 230

Neil B
Posted on: Sun, 15 Jul 2018 - 00:48


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QUOTE (hopingforhelp @ Sat, 14 Jul 2018 - 18:00) *
Seriously, thank you so much to everyone who has helped. Mr Meldrew, I have to thank you very much for the written appeal, I have used it pretty much word for word and will let you and everyone else know the outcome as soon as I hear.

Thanks once again,

Nooooooo. You are rushing.
Have you sent it?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1399118 · Replies: 14 · Views: 269

Neil B
Posted on: Sat, 14 Jul 2018 - 11:23


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QUOTE (evemaila @ Thu, 12 Jul 2018 - 09:25) *
The form we were recommended and sent were PE2 and PE3 for the congestion charge, and TE7 and TE9 for the parking.


These have to be completed very carefully and focus on the right things.
I'm normally one of those that helps but I have zero time available this week.

You should file the forms for the latest one asap because it seems a warrant has not yet been issued and, in terms
of being 'outside the normally permitted time', you are only a couple of weeks late.

There are numerous previous cases on the forum as examples but remember they are case and circumstance specific.
Read up, ask questions and someone here might help.

--
For the other two, no rush and no time limit.
You need to get the details of the parking one.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398903 · Replies: 14 · Views: 303

Neil B
Posted on: Sat, 14 Jul 2018 - 11:10


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Nice one DD. Good result.

What is the date of that order?


For those interested in the process, it is almost certainly inside the time allowed for a Council to
object. That means, to get such a result now, the Council must have specifically responded to the effect they did
not wish to object/contest.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398895 · Replies: 22 · Views: 741

Neil B
Posted on: Sat, 14 Jul 2018 - 00:07


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QUOTE (Roarers @ Fri, 13 Jul 2018 - 23:07) *
QUOTE (Neil B @ Fri, 13 Jul 2018 - 22:45) *
QUOTE (Roarers @ Fri, 13 Jul 2018 - 22:18) *
There's no video,

Of course there's a video; it's the prime evidence.

Clearly you know about these things and I don't. How about if I rephrase to:
"There's no video offered on the View PCN evidence site provided by Haringey Council, as far as I can tell."
Screenshot one and two.

Fair point.
But it exists as it's the only proof of a contravention, if there was one.

So if you've followed the instructions on the PCN, follow the next instruction, or call them if they are accessible.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398841 · Replies: 12 · Views: 221

Neil B
Posted on: Fri, 13 Jul 2018 - 23:59


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QUOTE (DancingDad @ Fri, 13 Jul 2018 - 23:10) *
Nevertheless, Legislation says it is up to date and there is no text in S144 ?

That is what confuses me too but all Councils still quote it. A writing up glitch?

QUOTE (DancingDad @ Fri, 13 Jul 2018 - 23:10) *
Actually I can't even work out when it was repealed for Wales.

In brackets - at inception of TMA, 2008, which Welsh use and -

commenced 2007/3174

--
As I see it, 2005 England Regs are written only under the authority of TA2000.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398840 · Replies: 14 · Views: 269

Neil B
Posted on: Fri, 13 Jul 2018 - 21:48


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QUOTE (DancingDad @ Fri, 13 Jul 2018 - 21:42) *
May as well throw into the mix that they cannot enforce against S144 of the Transport Act 2000.... it don't exist.

No don't -- because it does.

Fooled me a few months back too.

Repealed for Wales only.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398824 · Replies: 14 · Views: 269

Neil B
Posted on: Fri, 13 Jul 2018 - 21:45


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QUOTE (Roarers @ Fri, 13 Jul 2018 - 22:18) *
There's no video,

Of course there's a video; it's the prime evidence.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398821 · Replies: 12 · Views: 221

Neil B
Posted on: Fri, 13 Jul 2018 - 19:43


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Don't rush.
There's a mistake on the PCN and we need the rest of it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1398786 · Replies: 14 · Views: 269

Neil B
Posted on: Tue, 10 Jul 2018 - 22:40


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QUOTE (fazzy @ Tue, 10 Jul 2018 - 17:37) *
I’m not familiar with the whole tribunal process but it sounds scary from what I’ve read in the forum.

Eh? Where was that?

It's cool and relatively informal.

--
A friend of mine recently got a charge certificate for one of these because the PCN failed
to arrive.
She only e-mailed to query that and they just cancelled.
It was as if they would cancel at the first sign of contact, so 'bertie' may have a point.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1397771 · Replies: 7 · Views: 209

Neil B
Posted on: Tue, 10 Jul 2018 - 22:29


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QUOTE (Incandescent @ Tue, 10 Jul 2018 - 22:07) *
you contact the TEC giving PCN details to find out if the debt has been registered by the council. Once TEC has registered the debt, the council can issue the OfR, so you know it is imminent. They cannot issue an OfR without this registration at TEC.

<<< Just that.

And, as an OfR gives you 21 days to act, you can just phone TEC every couple of weeks as above.
0300 123 1059

But do come back if it drags on.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1397767 · Replies: 12 · Views: 223

Neil B
Posted on: Mon, 9 Jul 2018 - 18:17


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QUOTE (thegeneral88 @ Mon, 9 Jul 2018 - 17:43) *
I am now just looking to see what options I have

Post #2

Come back in a week if nothing further received.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1397228 · Replies: 8 · Views: 149

Neil B
Posted on: Mon, 9 Jul 2018 - 15:34


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QUOTE (stamfordman @ Mon, 9 Jul 2018 - 15:23) *
So no PCN on car,

Has OP said that?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1397140 · Replies: 8 · Views: 149

Neil B
Posted on: Fri, 6 Jul 2018 - 22:25


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QUOTE (stamfordman @ Fri, 6 Jul 2018 - 14:27) *
QUOTE (Neil B @ Fri, 6 Jul 2018 - 14:22) *
So where did the suggestions that 'pay' might be best come from???

From the OP getting the PCN and then moving...

Which is only a mistake in conflict with a a process that we on the forum know backwards, forwards and sideways; not any kind of 'fault' in
terms of the result or, more importantly, of no relevance to what action he could later take.
Noting you did also mention the correct course of action.


QUOTE (hcandersen @ Fri, 6 Jul 2018 - 22:40) *
...and not making reps but just asking for photos.

I think it was sufficient to count as reps; certainly in terms of being able to make a Stat Dec? Obviously we disagree on that.



QUOTE (hcandersen @ Fri, 6 Jul 2018 - 22:40) *
But they did the sensible thing, didn’t get bogged down in parking regs and contacted the authority to explain what’s what.

Both sides to blame, but the OP’s the amateur, so the optimum outcome achieved.

He did and as a result of your advice. But at no point do I see you having suggested he pay, which was the point of my
comment.

To be honest, the result of a SD being referral to adjudicator, that may well have led to the OP being considered
more to blame than the Council. But, to shout 'pay' without explaining the possibilities available, was, imho, a bit off the mark.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396604 · Replies: 21 · Views: 369

Neil B
Posted on: Fri, 6 Jul 2018 - 13:35


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QUOTE (Sparrows @ Thu, 5 Jul 2018 - 10:07) *
The total amount they are claiming is now £513. Is there any course of action I can take to avoid paying this huge amount of money?

Yes.


QUOTE (Sparrows @ Thu, 5 Jul 2018 - 10:07) *
Also am I under a time pressure?

Yes !
Making your lack of response even more bemusing.


QUOTE (Sparrows @ Thu, 5 Jul 2018 - 10:07) *
No date for paying the outstanding monies is mentioned as far I can see.

Immediate. So ----- as above.

We (you) also need ALL relevant dates of events and notices.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396539 · Replies: 3 · Views: 166

Neil B
Posted on: Fri, 6 Jul 2018 - 13:22


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Just caught up with this after asking to see reps and acknowledgement.
The former were produced, albeit flimsy and the hiccup of PCN number, and the acknowledgement produced.

What on Earth happened to the advice since then?

OP is at OfR stage (NOT bailiffs). Unknown timescale but easily checkable with TEC and, from Islington's response,
'in time'.

So where did the suggestions that 'pay' might be best come from???

There was an automatic right to make a Stat Dec to achieve the automatic reset: There being no 'fault' of
the OP, of any relevance, to that reset process.

In many threads recently there seems a great emphasis on the failures of individuals, not updating details promptly
when moving home. We can't all be perfect.
Yet that is one of the main reasons the reset process is available, recognising
also, the single application for address from DVLA as Council working practice.


Thankfully it's resolved at the cost of only the Court registration fee..
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396535 · Replies: 21 · Views: 369

Neil B
Posted on: Thu, 5 Jul 2018 - 22:43


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When you're being chased by a bailiff for £513 and there are potential solutions, it's kinda odd to read a response and not reply to it?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396466 · Replies: 3 · Views: 166

Neil B
Posted on: Thu, 5 Jul 2018 - 22:39


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QUOTE (R4mzes @ Thu, 5 Jul 2018 - 16:42) *
What Islington advise is to email them in 14 days to apeal, which I did https://www.islington.gov.uk/parking/parkin...-parking-ticket
I've advised them that I did not receive sufficient evidence and I request all footage and evidence they have. after that I receive an automatic reply.

Can we see those two please.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396465 · Replies: 21 · Views: 369

Neil B
Posted on: Thu, 5 Jul 2018 - 15:25


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QUOTE (DotCom @ Thu, 5 Jul 2018 - 16:23) *
Correct, but as never received the actual PCN, it was mislaid till the yesterday when the 14 days were up.

No, not correct.
The 14th day is Sunday 8th !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396344 · Replies: 22 · Views: 308

Neil B
Posted on: Thu, 5 Jul 2018 - 15:23


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QUOTE (DotCom @ Thu, 5 Jul 2018 - 16:20) *
TE7/TE9

This is nothing to do with TE9 and even less TE7.

I recommend you don't go basing your actions on reading other cases.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396337 · Replies: 22 · Views: 308

Neil B
Posted on: Thu, 5 Jul 2018 - 15:20


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Yes but something else is amiss.

QUOTE (DotCom @ Thu, 5 Jul 2018 - 16:18) *
QUOTE (PASTMYBEST @ Thu, 5 Jul 2018 - 15:11) *
Post up the PCN, lets check it for errors



As i dont have the PCN only the charge certificate

So it was the PCN that didn't arrive?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396331 · Replies: 22 · Views: 308

Neil B
Posted on: Thu, 5 Jul 2018 - 15:07


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QUOTE (PASTMYBEST @ Thu, 5 Jul 2018 - 15:19) *
QUOTE (Neil B @ Thu, 5 Jul 2018 - 15:13) *
QUOTE (John U.K. @ Thu, 5 Jul 2018 - 11:11) *
Adj found no evidence of re-use after he'd examined CEO's photos under magnification.

So a failure on the adjudicator's part or a failure by Newham to submit appropriate evidence?


I think, a total absence of evidence. The reason we encouraged the OP. There are far to many of these " permit not filled in correctly or re used" from Newham and a tow on something as spurious as this must be bordering on misfeasance

I'm not disputing the second half of that, as you know but evidence? Wasn't too difficult.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1396322 · Replies: 68 · Views: 3,619

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