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DancingDad
Posted on: Mon, 30 Dec 2019 - 15:55


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QUOTE (Rob232 @ Mon, 30 Dec 2019 - 13:54) *
………….
Today I received a PCN at my address, but with the spelling mistake mentioned above in the name, one letter wrong. My question here is do I just return the PCN with "not known at this address" or do I try to get them to send me another PCN with the correct name on it?

As someone who has lived with mis-spelt names on just about everything all my life, just deal with it.
Unless the name is obviously not you a minor error will not affect the validity of the PCN and your liability.
  Forum: The Flame Pit · Post Preview: #1539569 · Replies: 15 · Views: 1,086

DancingDad
Posted on: Sun, 29 Dec 2019 - 12:43


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QUOTE (PASTMYBEST @ Sun, 29 Dec 2019 - 12:31) *
I'm no expert but can't deleted Instagram/facebook pages be recovered ?

Can possibly be recovered direct from her phone but no guarantees on that and would need to be via someone who could attest to the evidence found.
  Forum: The Flame Pit · Post Preview: #1539413 · Replies: 36 · Views: 1,838

DancingDad
Posted on: Sun, 29 Dec 2019 - 12:26


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Strength of evidence??
Which as he has "lost" his phone and the pictures were deleted from hers would seem to be towards a valid excuse.

However, if you have screenshots, contact the governing body of the sport and where he trains.
Sporting organisations take allegations of child abuse and potential grooming very seriously these days.
If they don't, the threat of newspaper coverage may well concentrate their minds.

I have seen two cases where British Gymnastics took action on this sort of thing btw.
  Forum: The Flame Pit · Post Preview: #1539409 · Replies: 36 · Views: 1,838

DancingDad
Posted on: Wed, 25 Dec 2019 - 09:13


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And Season's Greetings to one and all from here as well.
  Forum: The Flame Pit · Post Preview: #1539076 · Replies: 8 · Views: 381

DancingDad
Posted on: Wed, 25 Dec 2019 - 00:15


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Nice Christmas pressie.
Well done.

However an even better one would be costs.
You pre-warned and even though the council DNC'd (Did not Contest) their actions in forcing an appeal to the adjudicator were wholly unreasonable.
I would be putting forward an application for costs, won't be a lot if any, £19/hour, say 4 hours.

I often feel that a DNC for no apparent reason should be awarded costs anyway, if they think they have a case, follow through, if they haven't, it should not have got beyond the informal stages let alone the formal.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1539062 · Replies: 53 · Views: 3,805

DancingDad
Posted on: Tue, 24 Dec 2019 - 11:17


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Second that.
To me, the council may believe that one sign and some cones (that can be moved) are enough but when a motorist parks as close to a machine with post and sign and there is no suspension sign, they are entitled to rely on what they see.
There is no requirement to check all posts and signs, just in case.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538988 · Replies: 29 · Views: 765

DancingDad
Posted on: Sat, 21 Dec 2019 - 13:07


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Must admit, in any parking or moving traffic PCN I would happily say to supply the tracker information, that the vehicle is in contravention is irrelevant in those cases, it was not in contravention where they said it was.
But with the ULEZ being a zone, placing inside the zone could be seen as enough.
Not enough experience on how adjudicators decide on zonal contraventions.
Hence my reticence in supplying information that confirms within the zone.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538558 · Replies: 64 · Views: 1,990

DancingDad
Posted on: Sat, 21 Dec 2019 - 12:40


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I am looking at this in that the authority have to provide evidence that your vehicle was in the Zone.
This they have done by specifically stating that the vehicle was in Borough Street and using video/photographic evidence in support.
If you can show that their evidence is incorrect, their own evidence disproves their case.
Streetview and their piccies does that.

Just be clear.
Contravention did not occur.
The vehicle in question was not in Borough Street as alleged…. screen shots of Borough Street v Their piccies to support.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538553 · Replies: 64 · Views: 1,990

DancingDad
Posted on: Sat, 21 Dec 2019 - 11:30


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QUOTE (stamfordman @ Fri, 20 Dec 2019 - 18:08) *
..............They can't change what their system says.


Why not?
Devil's advocate but it is purely an internal system.
Had the cancellation been sent out on an official notice, different matter but this is simply historical data from an internal system.

What bugs me over it is that the dates suggest that the system/people had cancelled it and it was resurrected when the challenge was received.
I would be asking for an explanation, especially given that the location is incorrect.
The question would be part of any appeal I put in.

2nd the motion not to supply tracker information btw.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538546 · Replies: 64 · Views: 1,990

DancingDad
Posted on: Sat, 21 Dec 2019 - 01:20


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Good result, someone at the council checked and decided that the CEO notes were iffy.

Liability.
Lease company as the owners come first.
They can "transfer" liability to the person (or company) that leases the vehicle via Hire Company ground.
Strictly speaking, that would be your company.
In your case, as the only driver and assuming that your company put you in the frame, you are the person who normally uses so in legal terms, could be taken as the "owner"
But hire company ground says that the person (company) hiring has to sign an agreement, that isn't you.
So could get a situation where the council have accepted Hire Ground and cancelled the PCN but you can claim "not the owner" as you are not the signatory.
Caveat is that the company could end up with a PCN and be peed with you and that your employment T&Cs may actually cause you to have effectively "signed"
Not one I'd like to test though, could be a case of winning the battle but losing the war.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538517 · Replies: 17 · Views: 351

DancingDad
Posted on: Sat, 21 Dec 2019 - 01:09


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London bus lane...assumption has to be that there will be a camera that can cop you.
Assumption not definite.

Given London boroughs and their penchant for not accepting any mitigation, this is Haringey?, air tickets and a signed note from the Lord Mayor would count for little.

Honest mate, your best bet is to arrange for someone to check your post while you are away.
  Forum: The Flame Pit · Post Preview: #1538516 · Replies: 5 · Views: 429

DancingDad
Posted on: Fri, 20 Dec 2019 - 22:19


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By the time you get back you may in the position where you not only cannot pay at discount but will have missed any chance of challenging.
And the penalty payable will have increased by 50%...from the full amount.
Where is this bus lane?
Has it got cameras on it?

If you are fairly certain it will result in a PCN, you'd best think on postal arrangements, someone checking or similar.
  Forum: The Flame Pit · Post Preview: #1538499 · Replies: 5 · Views: 429

DancingDad
Posted on: Fri, 20 Dec 2019 - 14:04


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QUOTE (CarrsCheeseMelts @ Fri, 20 Dec 2019 - 13:59) *
Sorry for being slow but where would I find post 17? I’m new to this forum and I don’t know what you mean.

And no I don’t live in Ealing or even close, I live outside of London.


http://forums.pepipoo.com/index.php?showto...t&p=1527709

Right hand side of each post is a number.... 17 is on page 2 of this thread.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538385 · Replies: 50 · Views: 1,452

DancingDad
Posted on: Fri, 20 Dec 2019 - 00:47


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I think this would be better in the criminal forum.
I've asked mods to move if it should.
  Forum: Speeding and other Criminal Offences · Post Preview: #1538293 · Replies: 17 · Views: 1,230

DancingDad
Posted on: Thu, 19 Dec 2019 - 22:01


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QUOTE (mickR @ Thu, 19 Dec 2019 - 21:23) *
QUOTE (DancingDad @ Thu, 19 Dec 2019 - 14:37) *
QUOTE (CarrsCheeseMelts @ Thu, 19 Dec 2019 - 08:39) *
…………...
What is a cease and desist letter?


Post 6


do you post mean17? wink.gif

Ah, not sure whether to claim dyslexia or senility.
Yes Post 17.

It is the only letter I would be sending but would also be seriously thinking on a formal complaint.
Not sure if I asked this before but do you live in Ealing?
And know who your local councillor is?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538257 · Replies: 50 · Views: 1,452

DancingDad
Posted on: Thu, 19 Dec 2019 - 21:48


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Just dropping in having read through the thread.

One point to make to the OP, you seem worried that the judge may refuse the SD in the same way TEC did.
May I make it clear that TEC did not reject the SD.
They rejected the Out of Time request.

This may seem a little pernickety but it is important.
You must focus on that the Out of Time be accepted.
There has been lots of discussions on that and whys and wherefores and if the moon is made from cheese...
To me, the simplistic points are:-
TEC refused the OOT against the authority's objection. The objection clearly stating that all statutory documents had been sent.
The authority's own submission and evidence within their objection made it clear that this was not the case, that no PCN had been re-served.
It is totally wrong for the Authority to issue a statement of truth, avowing that they did everything right when it is clear from their evidence, they did not.
This alone should have been enough to reject the council's objection and I respectfully ask that the court does so and allow my Out of Time request to be accepted.


The details and legislation come next in my opinion.
My only concern is if the DJ is finicky and wants to reject the OOT cos the SD could have been sent in time, that is where confusion and council's erroneous actions come to the fore.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538253 · Replies: 82 · Views: 1,669

DancingDad
Posted on: Thu, 19 Dec 2019 - 15:34


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Dunno what to make of that.
It seems that the PCN was cancelled prior to you sending reps ??
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538176 · Replies: 64 · Views: 1,990

DancingDad
Posted on: Thu, 19 Dec 2019 - 13:37


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QUOTE (CarrsCheeseMelts @ Thu, 19 Dec 2019 - 08:39) *
…………...
What is a cease and desist letter?


Post 6


  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538147 · Replies: 50 · Views: 1,452

DancingDad
Posted on: Thu, 19 Dec 2019 - 13:33


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What else have you to evidence the deal?
You mention WhatsApp.... any messages relating?
Texts?
Emails?
Anything?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1538144 · Replies: 50 · Views: 1,202

DancingDad
Posted on: Wed, 18 Dec 2019 - 10:33


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I'm okay with that.
I expect them to reject but it sets them up for a successful appeal.

Last line, paper copy of your parking enforcement policy and how that applies to Blue Badge holders.

  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537892 · Replies: 98 · Views: 2,680

DancingDad
Posted on: Tue, 17 Dec 2019 - 17:29


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The one line, that if you can show the vehicle was at a different location.
That is about the only thing that pays any lipservice to your assertion that your vehicle was not where they said.
Otherwise they just seem to be thinking "it was not my vehicle" and rebutting that.

Got a copy of what you sent?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537736 · Replies: 64 · Views: 1,990

DancingDad
Posted on: Tue, 17 Dec 2019 - 14:22


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Got a copy of what you wrote ?
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537688 · Replies: 29 · Views: 765

DancingDad
Posted on: Tue, 17 Dec 2019 - 14:19


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The video is the evidence that an adjudicator will look at.
What the stills show is largely irrelevant.

You have described but we have seen optimistic descriptions before.

However, if you insist on an answer to your questions.
1/ If the time on the PCN is incorrect you win, if it is within the minute, ie 9.19 and you are shown stopped at 9.19.36, that is within the PCN time frame.
2/ If any part of the vehicle is overhanging the yellow box, that is enough.

But there is so much more to be considered.
Post the PCN and the Video if you want a full and considered answer.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537687 · Replies: 4 · Views: 156

DancingDad
Posted on: Sun, 15 Dec 2019 - 19:28


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Guys
It's all here
http://forums.pepipoo.com/index.php?showtopic=132088&hl=

I've asked mods to merge.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537243 · Replies: 31 · Views: 941

DancingDad
Posted on: Sun, 15 Dec 2019 - 11:58


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I think HCA has laid out the necessary, agree fully.

QUOTE
They observed me for 8 minutes so they haven’t given me a 10 minute window in which to pay and i’ve explained why it took so long in my post.

Be wary on comments like this. The authority have to allow as long as necessary to pay. But not one second more, there is no 10 minute allowance.
In fact there is no allowance except a pragmatic, if they want payment they must allow time to pay.

Lay out your story, give the explanation and stress that you paid as soon as you could get a good signal and effect the payment.
Do not dwell on getting into the warm or needs of the baby, understandable but that has no bearing on the legal need to pay ASAP.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1537175 · Replies: 13 · Views: 276

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