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Incandescent
Posted on: Yesterday, 22:38


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I see one of the the council reps said it was not about revenue raising, no doubt with fingers crossed behind the back. What a brass neck !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463454 · Replies: 5 · Views: 36

Incandescent
Posted on: Yesterday, 22:09


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No "templates" are maintained on this forum as their use is unwise. It is always better to write your own reps, (with our help, of course).

Many people have appealed bus lane PCNs at the location you were issued one, and succeeded at adjudication.In fact adjudicators have excoriated the wholly inadequate and badly placed signage so you would serve yourself best by standing your ground and taking them all the way. However this can take weeks, so you need to be of stout heart and not a worrying type. In the unlikely event of you losing at adjudication, if you start saving up the difference between the discounted amount and the full amount, you'll have it ready if you lose, and if you win, enough for a few celebratory drinks !! Councils like Manchester dine out on people who just pay the discount and never argue.

It is, however, important you view the video.

This looks like the place you entered the bus lane.

https://www.google.co.uk/maps/@53.4733394,-...33;8i8192?hl=en

Please describe your journey up to this point.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463449 · Replies: 5 · Views: 36

Incandescent
Posted on: Yesterday, 20:31


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Your link doesn't work, at least it doesn't for me, anyway.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463393 · Replies: 6 · Views: 62

Incandescent
Posted on: Yesterday, 20:29


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Where are the signs for the street ? It looks as if they have an unofficial rule that the cars must be half on and half off the carriageway. This has no basis in law at all, so you should win at adjudication, although some adjudicators can be a funny lot. I would love to see their CVs to see which ones worked in local government !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463391 · Replies: 6 · Views: 41

Incandescent
Posted on: Yesterday, 20:22


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As usual, (and the rule) for this forum, please post up the PCN, (all sides), redacting PCN Number, and car details. Leave everything else in. Also post up your reps and their response. From what you say they have failed to consider your reps, so have committed a "procedural impropriety", which can make their PCN void. If you are at the formal reps stage, then you have the Notice to Owner, and the discount option is no longer available, (unless they re-offer it). Going to London Tribunals has no additional cost, but the full PCN penalty is in play. It's a double-or-quits gamble really.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463388 · Replies: 14 · Views: 118

Incandescent
Posted on: Yesterday, 20:16


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This is a typical London "trap" designed to make money, lots of it. If traffic management were the objective, then the best way is to control passage of the bridge by traffic lights.Ah, but this costs money and then after completion of the lights installation, doesn't make any. Call me cynical if you like, but the cash that can be generated by these clever wheezes has to be a factor in council decision making. It was even admitted as a factor when the Mayor of Liverpool proposed eliminating virtually all the bus lanes. Officials complained the cash generated by bus lane PCNs would be lost.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463384 · Replies: 15 · Views: 167

Incandescent
Posted on: Yesterday, 16:04


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QUOTE (Bmstom @ Tue, 19 Feb 2019 - 14:29) *
Hello everyone new member so hope this is right!

Firstly I received a PCN 2017! When I received it the pcn had the wrong car make on it so thro bad advice from another forum I contested the pcn! While I had contested the i also moved property and forgot to change my address with the DVLA! And then sold my car and bought another! So I suppose use can see where this is going!

So 3 weeks ago I received a letter posted off the bailiff saying he will remove goods from property the next morning. I done some investigation and filled a couple forms in with TEC and they said it would be reviewed and bailiff put on hold! Well that was reviews and Sunderland council rejected the contest as they said they’d emailed me a reply which I didn’t get. So now bailiffs have been back to the door today and now don’t know me next step.

Cheers

So, from what you say, you have submitted an Out-of-Time Witness Statement (parking PCN) or Statutory Declaration (bus lane or traffic PCN). As expected, the council opposed it and would have said they sent all the documents to the address on the V5C. Following this, TEC have rejected your OOT. The only avenue open to you now is to have the OOT papers reviewed by a County Court judge who has power to overturn or confirm the rejection of your OOT. However, you admit you did not update your V5C so are the architect of your own misfortune. We cannot predict what decision a judge may come to, but for me, it don't look good frankly, and there is also a £100 fee for the judge, so maybe you need to consider paying up and put this down as a very hard lesson in English civil law.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463300 · Replies: 2 · Views: 62

Incandescent
Posted on: Yesterday, 12:39


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The bus lane legislation and regulations are seriously flawed except for London where the process mimics the parking process, (PCN, then an Enforcement Notice). With outside London you only get a PCN, and there is no Enforcement Notice. Many councils have latched onto this, especially venal and rapacious Nottingham, and will not re-offer the discount when answering representations sent in during the enforcement process. However you do have the absolute right to pay the discounted amount any time within the discount period even if you have submitted reps but have not had a reply. Some councils do re-offer the discount, realising that if they don't, the appellant can go to adjudication without any extra costs, but it makes extra work for them. Re-offers of discounts are mostly always taken up.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463230 · Replies: 4 · Views: 58

Incandescent
Posted on: Yesterday, 09:14


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There are two exemptions from double-yellow lines, (1) loading/unloading, <but NOT shopping> and (2) boarding/alighting passengers. Hence we need to know why you were on the DYLs.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463141 · Replies: 7 · Views: 184

Incandescent
Posted on: Yesterday, 09:11


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The only thing you can do to revert the process to the original PCN stage is to submit an Out-of-Time Witness Statement that you did not receive the original PCN and also explaining why. Great care is needed in completing the forms which must be sent to the Traffic Enforcement Centre at Northampton. If these are received before 16.00 they will be processed and then the council ordered to cease bailiff action until the matter is decided. The council can, and will, oppose your statement.

Assistance can be given by: -

www.bailiffadviceonline.co.uk

A small fee is payable, but nothing like the bailiff amount. However there is no guarantee that the OOT will be accepted if the council object. At that point you can ask for the OOT papers to be reviewed by a County Court judge. This costs £100. A key date that really we need to know, is when did you send off the first V5C update letter that was lost in the post ? If it was sent soon after you moved address, then your chances are better.

This forum has been off-line for 24 hours, reason not known, that's why you have had no responses
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1463140 · Replies: 5 · Views: 150

Incandescent
Posted on: Sun, 17 Feb 2019 - 08:52


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You need to ask yourself why all the enforcement documents are going to your old address. Most cases we get here are because the recipient of the PCN(s) has not updated their V5C (registration document), for the vehicle with the new address when moving house. So check yours. Did you move around the time of these PCNs and didn't update your V5, or were rather late in doing so ? Updating driver licence details does NOT update the V5.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462874 · Replies: 5 · Views: 150

Incandescent
Posted on: Sat, 16 Feb 2019 - 12:43


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QUOTE (PASTMYBEST @ Sat, 16 Feb 2019 - 10:58) *
We also need to see what you sent by way of challenge. Failing to consider seems likely as does a claim of legitimate expectation that you may park there

+1
However this is the kind of situation we see where the residents need to put pressure on their local councillor. At the moment, the parking department look upon it as a "nice little earner".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1462683 · Replies: 11 · Views: 191

Incandescent
Posted on: Wed, 13 Feb 2019 - 17:05


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Yes, you do. Wait for the NtO and submit the same reps. Reps against NtO are normally looked at more carefully as the next stage is adjudication when the council have to actually do some work other than sending out Bum's Rush letters
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461879 · Replies: 15 · Views: 422

Incandescent
Posted on: Wed, 13 Feb 2019 - 12:50


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Was the Charge Certificat correctly addressed and delivered ? Reason I ask is that sometimes people fail to update their V5C registration document when moving house. One document you do not want to go astray is the Order for Recovery as it's the last one before bailiffs are instructed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461770 · Replies: 6 · Views: 153

Incandescent
Posted on: Wed, 13 Feb 2019 - 12:45


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QUOTE (cp8759 @ Tue, 12 Feb 2019 - 21:41) *
The exemption is probably made out providing you can persuade the tribunal that the bike was not left unattended (I recently saw a case where the vehicle was deemed to not be unattended if it was within the sight and hearing of the driver, even if the driver was inside adjacent premises). Still not a sure thing though.

Indeed, not a sure thing, and the full PCN penalty of £130 is in play at London Tribunals. Much then depends on whether one gets a pedantic adjudicator or not. In the old criminal courts there were well known "hanging judges".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461769 · Replies: 10 · Views: 193

Incandescent
Posted on: Tue, 12 Feb 2019 - 19:16


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QUOTE
It feels very cynical therefore, that the day after this construction business began (it went on for another 2 weeks or so) the TFL guys show up, knowing we had no where to park, and quickly "sprinkled" out tickets like it was confetti, catching many of us unawares and off-guard. What would have been wrong with a warning?

Nothing wrong with a warning except it doesn't make TfL any money, and money is what they are desperate for. TfL recently lost all of the buses subsidy but the Mayor has frozen the fares.In addition to this, traffic on the buses and the underground is significantly down. The upshot of this is that TfL are in deep financial doo-doo. Hence they grub around looking for money as in your case. TfL will deny this, naturally, but why pounce like this when it seems clear there is no traffic management reason for it.

Unfortunately, Parliament has allowed the law to be passed, and if the contravention is made out (i.e. true), there is little you can do unless you can claim the loading exemption. As PMB says, we need to see the PCN and other information for considered and accurate advice.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461526 · Replies: 10 · Views: 193

Incandescent
Posted on: Tue, 12 Feb 2019 - 19:07


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So, you received a Notice of Rejection which offered the choice of paying or appealing to the London Tribunals, but you did nothing. Unfortunately by ignoring this letter you have made it impossible to revert the process, and must pay-up now. Whilst there is the possibility of submitting a Statutory Declaration, there are only a limited set of reasons why you are submitting it, and none would seem to match your circumstances, which is a basic failure to act on receipt of the OfR.

What happened to the Charge Certificate notice that would also have been sent before you received this Order for Recovery ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461519 · Replies: 18 · Views: 494

Incandescent
Posted on: Mon, 11 Feb 2019 - 21:36


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We see lots and lots of threads on here from people who are late or fail in updating their V5C when moving house. As the onus is on the motorist to keep the V5C up-to-date, it is normally very difficult getting the matter reverted via an Out-of-Time declaration as outlined above. Where the V5C update is taking place at around the time a council are obtaining name and address details for issuing a PCN then reversion is normally much more straightforward. You have to explain why the documents were not received. The council will object to the OOT and then TEC reject it. You can then have this reviewed by a County Court judge for £100.

Therefore please provide the data requested by PMB above and better advice on whether an OOT will succeed can be given.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461177 · Replies: 2 · Views: 97

Incandescent
Posted on: Mon, 11 Feb 2019 - 21:26


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QUOTE (markadams @ Mon, 11 Feb 2019 - 19:51) *
Ok back again for a quick update, they have written and refused my evidence, shame really as i find the fact that i `didnt have a proper invoice` etc to mean that loading bays are only for people with proper invoices from proper businesses, so ok fair enough, my problem now is that in the original letter it said i can either forward the above information (asking for proof) or
pay £35 being the discounted amount of the penalty or wait for the formal appeal procedure.
Problem is, by virtue of them asking for evidence etc, the discounted amount has now passed and it is now £70 to pay. Surely this cannot be? they are basically saying that they have asked for evidence and therefore i didnt pay, and now they have decided not in my favour, that the £35 doesnt apply. Surely that cannot be right or it is saying you can pay £35 less to shut up and go away !! How does this sit with you guys?

Of course with the discount option gone, you may as well take them all the way to adjudication as the cost is the same, other than a bit of your time to prepare the appeal submission (with our help). I don't see how you can lose an adjudication as your purpose being there was loading/unloading. However you need to provide some sort of proof of loading, and a letter from your customer is sufficient, plus some detail on the weight and bulk of the goods. Don't pay until an adjudicator tells you to !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461173 · Replies: 41 · Views: 885

Incandescent
Posted on: Mon, 11 Feb 2019 - 19:36


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QUOTE (hcandersen @ Mon, 11 Feb 2019 - 19:00) *
@Incandescent, with respect this is not the point. The rejection relies on the Permit Holder's Only sign and restriction and by implication claims, wrongly, that its provisions apply within what appears to be a clearly marked bay. If they were to repeat this nonsense in a NOR then IMO it would be all over for them because they don't know the law they're supposed to be applying.

Fair enough
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461138 · Replies: 29 · Views: 568

Incandescent
Posted on: Mon, 11 Feb 2019 - 17:25


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Until we see what the PCN was issued for, we can't give advice. The marked bays may have their own restrictions of time allowed or whatever. Of course each bay will need a sign indicating what the restrictions are, so must be present.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1461093 · Replies: 29 · Views: 568

Incandescent
Posted on: Mon, 11 Feb 2019 - 10:32


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YOu are going to struggle with this one as the "Disabled Only" sign is right by your car, so you should have been more diligent despite the bad road markings. I can't see a win here at adjudication, but its worth submitting reps on the almost non-existent bay markings, as they may shoot themselves in the foot when replying.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1460869 · Replies: 3 · Views: 83

Incandescent
Posted on: Mon, 11 Feb 2019 - 10:28


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It might be worth submitting reps on the basis of a simple error on your part resulted in what is a rather excessive penalty. They may cancel two of the PCNs, but most London councils are venal and rapacious, I'm afraid, but at least you will have tried.

Never, ever, assume anything regarding parking and bus lanes in London; the councils dine out on simple errors like yours.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1460867 · Replies: 19 · Views: 264

Incandescent
Posted on: Mon, 11 Feb 2019 - 10:23


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Worth submitting reps based on the last part of your narrative, (road works etc). They may give way, but don't hold your breath ! Only if the signs are missing or inadequate would any appeal be worth it at London Tribunals.

However, the PCN might contain fatal errors of content, so please post it, redacting PCN Number, car and address details
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1460864 · Replies: 12 · Views: 130

Incandescent
Posted on: Sun, 10 Feb 2019 - 19:48


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Keep this safe and have it ready for your reps and possible appeal at London Tribunals. There are a lot of YBJs around like this and one does wonder what they are there for; now we know. Yet the venal and rapacious councils keep on issuing PCNs to those the box is intended to help. The key thing with a YBJ is that the contravention is having to stop due to the presence of stationary vehicle.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1460734 · Replies: 13 · Views: 255

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