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Incandescent
Posted on: Today, 07:30


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QUOTE (cp8759 @ Wed, 19 Sep 2018 - 07:46) *
Dart charge are known for being very reasonable, try giving them a call and see what they say.

+1

And why might the agents have had the wrong address ? Issue of all the enforcement documents including the original PCN is sent to the address on your V5C for the vehicle. Is this up-to-date ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417917 · Replies: 2 · Views: 15

Incandescent
Posted on: Yesterday, 18:12


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Raise an official complaint with Brighton council at their failure to answer your question re the parking bay. I'd be interested to see what prestidigitation they employ in their answer..

Raise an official complaint with Brighton council at their failure to answer your question re the parking bay. I'd be interested to see what prestidigitation they employ in their answer..
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417778 · Replies: 10 · Views: 437

Incandescent
Posted on: Yesterday, 14:27


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1. Bank holidays are not exempt from parking or any other road restrictions unless stated on the signs
2. 28 days are allowed to issue a postal PCN
3. Code for the contravention is not a legal requirement

So nothing to base an appeal on, but if you tell use more about the circumstances, there might be something, but thinking Bank Holidays are exempt is not a winner, sorry.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417692 · Replies: 3 · Views: 67

Incandescent
Posted on: Yesterday, 14:18


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One does ask oneself why the monthly tickets can't be "virtual" and treated like PbP parking. Too logical for the muppets at the council, no doubt.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417689 · Replies: 9 · Views: 84

Incandescent
Posted on: Yesterday, 11:15


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Unfortunately it is enforceable, being issued following your drive-away. The TMA 2004 allowed postal PCNs following drive-aways, provided CEO has started preparing the PCN. Photos are not a legal requirement.

As the saying goes - "never let a good deed go unpunished" !!

You could submit humble reps, and point out the CEO would have seen you assisting the elderly lady. However, this is Barnet and they are a hard-nosed bunch. Mr Mustard on here may be able to assist.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417592 · Replies: 9 · Views: 136

Incandescent
Posted on: Yesterday, 10:03


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So, you chanced your arm on double-yellows hoping a CEO would not come along, and got a PCN. I can't see an adjudicator being sympathetic if you take it all the way, and the council are extremely unlikely to give way. Best pay the discount, I reckon.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417562 · Replies: 3 · Views: 55

Incandescent
Posted on: Yesterday, 10:00


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PbP systems really call into question a contravention of "not displaying", and they really should use "no payment made". However if they did this, they'd lose the cash from fluttering tickets like yours. Yes, cynicism rules in parking departments ! Problem is the PCN is valid and would seem not to contain any fatal errors, (or so it seems to me). Your best bet is probably to submit informal reps on the basis of being a regular user, (give them details), and ask for them to use their discretion in this case. Better to try to find an old tax disc holder and use this for your permit in future.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417559 · Replies: 9 · Views: 84

Incandescent
Posted on: Yesterday, 09:48


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QUOTE
I'm in similar situation to the OP. Never really in Cambridge and was caught off guard (or wasn't paying enough attention). Either way, ended up with the same penalty notice in the same spot as the OP (bus lane).
The date of service isn't on a weekend day - perhaps they learnt from OP's experience and use them correctly now.
But the automated payment telephone number is still a 0845 number - can I appeal based on that?
Anything else in the PCN that can help to make the case?
Thank you!

Please start your own thread, but keep an eye on this one, but note that sometimes a thread just goes quiet.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417554 · Replies: 6 · Views: 160

Incandescent
Posted on: Mon, 17 Sep 2018 - 21:15


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QUOTE (cp8759 @ Mon, 17 Sep 2018 - 20:43) *
QUOTE (Incandescent @ Mon, 17 Sep 2018 - 17:47) *
They are typical council liars, and get away with it because there is nobody to call them to account. For me, they have committed malfeasance. I would like to see these people in jail without parole like they do in the States. A 10 year sentence should do the trick.

And your evidence of a deliberate conspiracy, as opposed to incompetence, is what exactly?

You might find this salutary reading: http://www.civillitigationbrief.com/2018/0...ove-dishonesty/ just to get a feel of how allegations of dishonest are dealt with in general, and remember that the burden of evidence in a criminal case is much higher, and the defence are not required to prove anything at all.

There actually was a case some years ago when de-crim enforcement had not been running long when a council person was in court for falsifying evidence. There was a guilty verdict too, but nothing since. I suppose nobody can now be bothered to follow up cases of council mendacity.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417440 · Replies: 22 · Views: 420

Incandescent
Posted on: Mon, 17 Sep 2018 - 16:47


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They are typical council liars, and get away with it because there is nobody to call them to account. For me, they have committed malfeasance. I would like to see these people in jail without parole like they do in the States. A 10 year sentence should do the trick.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417351 · Replies: 22 · Views: 420

Incandescent
Posted on: Mon, 17 Sep 2018 - 11:37


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Please post up the PCN, all sides, with car details blanked out. Don't worry about councils looking at this forum, most haven't the time, and anyway what can they do with the information ?

However, from what you've said so far, the notice period is not an appeal afgument as you parked after they were erected; did you not look around when you parked-up ? Notice for routine works should be a week, although I don't think there is any legal minimum.

For car details all they need is the registration number, the rest is optional.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417252 · Replies: 8 · Views: 131

Incandescent
Posted on: Thu, 13 Sep 2018 - 20:51


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Your next action is quite simple. You cannot appeal a Charge Certificated, only pay it, but if you wait for the Order for Recovery, there will be a form to submit a Statutory Declaration. You fill this in, ticking the box for "I submitted reps but did not receive a notice of rejection" (or similar words). TEC then cancel off the OfR, advise the council and the matter reverts to the PCN stage at which point you can appeal or pay.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1416398 · Replies: 14 · Views: 266

Incandescent
Posted on: Thu, 13 Sep 2018 - 13:46


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If OP was engaged in buying a parking ticket when the PCN was served, then this is a reason for cancelling it. Time to buy a ticket is allowed, although time to go and get change in order to buy a ticket isn't. Question is - was the OP engaged in buying a ticket or chanced his arm hoping no CEO would appear ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1416273 · Replies: 7 · Views: 107

Incandescent
Posted on: Thu, 13 Sep 2018 - 11:40


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QUOTE (maxparking @ Thu, 13 Sep 2018 - 11:40) *
Well, hopefully OK now - more than 56 days and I've received nothing in the post non-recorded or recorded so guess we won?"

No, unfortunately.
They could have sent their response but you didn't receive it. Why is another matter; is the name and address on your V5 up-to-date ? If it is, then you would be prudent to contact them to ask when they propose to reply to your reps received by them on 16th July. The next document they can send is a Charge Certificate if they claim to have sent a Notice of Rejection of Formal Representations, followed by an Order for Recovery. If they have an on-line facility to view PCNs which gives the status of the PCN, then have a look to see what the latest is.

In this game one should never assume anything.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1416212 · Replies: 47 · Views: 1,660

Incandescent
Posted on: Thu, 13 Sep 2018 - 08:01


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What documentation did you think you would receive ? You already received a PCN, presumably. Have you done nothing at all so far ? If so, then you have lost the option to pay the discounted amount, and by now should have been served with a Notice to Owner, sent to the name and address on your V5 vehicle registration document. Is the V5C in your name and do you have possession of it ?

Submit representations now, immediately, stating you had forgotten to place you BB on display and ask for their forbearance this time. They may respond, but may just ask for the full PCN amount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1416171 · Replies: 3 · Views: 64

Incandescent
Posted on: Wed, 12 Sep 2018 - 15:59


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QUOTE (comptonsid @ Wed, 12 Sep 2018 - 16:06) *
The PCNs were mailed to me, the registered owner and driver, at my current address. There is no redirection in place, or change of address involved. At first glance it's hard to see how i can prove the PCNs were delivered after the expiry of the discount period...

On the other hand, if you submit reps that you only received the PCNs late, and they appear not to have posted them on the date of the PCN, (a legal requirement for postal PCNs), they are obliged to prove they did. If they bluff their way when responding, take them to the adjudicators. I would certainly not cough-up at this stage as by receiving them late, you have lost the discount option. They may, of course, re-offer it when responding, so give it a go.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415996 · Replies: 13 · Views: 214

Incandescent
Posted on: Wed, 12 Sep 2018 - 15:53


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QUOTE (HelmholtzWatson @ Wed, 12 Sep 2018 - 14:19) *
Okay, that's frustrating. We had driven around for 15 mins looking for alternative spots, but with the car park being closed every other off-road space was occupied mad.gif


Thanks for your advice - like you said, hopefully someone else can find a technicality smile.gif

Well, I for one, cannot find any technicality. Omissions of legally mandated information on the PCN can win appeals, but over the years most councils have upped their game not least because of the actions of this forum leading to too many successful appeals !! We do still see the odd one from the duffer councils.

The discount beckons, I'm afraid.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415994 · Replies: 3 · Views: 102

Incandescent
Posted on: Wed, 12 Sep 2018 - 09:47


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The key thing to be aware of is that Out-of-Time submissions as you propose to submit can be opposed by the enforcement authority, and invariably are. TEC then refuse the OOT. At this point, the facility for a review by a County Court judge then becomes available, but costs money, - £100 for papers-only review of the TEC decision, and £255 for an interview with the judge "in chambers". Neither sum is reimbursable, and there is no guarantee of success. As you failed to update your V5 or put in place mail redirection the case may go against you.

If you do decide to go down the OOT route, rather than pay the bailiffs, then get assistance with the submission. We see lots of cases on here where people have not updated their V5, it is the commonest reason for them having bailiffs at their door. The problem is we don't get much feedback on the success or failure of OOTs based on house moves without updating the V5. Those that succeed are generally those where the PCN or NtO was sent whilst a V5 was in course of updating.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415862 · Replies: 26 · Views: 378

Incandescent
Posted on: Tue, 11 Sep 2018 - 21:16


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Unfortunately you look to be bang-to-rights, but could argue "legitimate expectation" if you've parked right there for years on end. Also one could argue that the dropped kerb on your side is not placed for pedestrians and others being an old entrance to fields and unused. However you'd have to convince an adjudicator as all councils are desperate for money no matter how they get it these days. Discount is lost at adjudication stage.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415777 · Replies: 21 · Views: 385

Incandescent
Posted on: Tue, 11 Sep 2018 - 21:12


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You first have to wait for the Notice to Owner, submit reps to that, (same as the informal challenge), get rejected, and only then can you appeal to the adjudicators. I agree it is badly signed. If they had put the sign up on both sides you would not have a case, but as it is the sign would seem applicable to the off-road parking bays. If they don't want people to park where you did they should have placed double-yellow lines.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415776 · Replies: 7 · Views: 195

Incandescent
Posted on: Tue, 11 Sep 2018 - 14:19


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You've blanked out too much ! We do need to know where this is. Photos don't show a contravention, but that's because they don't show the car from the side. Give us a GSV link and tell us exactly where you parked.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415644 · Replies: 14 · Views: 177

Incandescent
Posted on: Tue, 11 Sep 2018 - 09:13


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Whilst there was a successful appeal some time ago on the dropped kerb-yellow line confusion issue, I believe later ones have not been successful, although haven't any details. There may be something in the LT section "Key Cases".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415569 · Replies: 8 · Views: 153

Incandescent
Posted on: Mon, 10 Sep 2018 - 20:20


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QUOTE (hcandersen @ Mon, 10 Sep 2018 - 20:30) *
You’re overthinking this, especially with the ‘shall I wait 14 or 28 days’ scenario.

Just challenge.

I was parked in.

As far as I know, this car park allows unlimited parking for vehicles displaying a valid BB. Even if my understanding is wrong and there is a time limit, I displayed a clock with my valid BB which shows I was well within any limit.

I enclose a copy of the BB.

Does it need to be any more complicated?

+1

OP, you're only making informal representations at the moment, and completely puzzled why the PCN was served, so best do as HCA says and post up their reply when you get it. This will decide you on whether to pay-up or appeal it all the way. If you look carefully on the PCN, somewhere it usually says they will re-offer the discount if rejecting challenges.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415428 · Replies: 18 · Views: 238

Incandescent
Posted on: Mon, 10 Sep 2018 - 20:14


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Presumably the car used for the crossing was registered in your daughter's name. So all the statutory documents that precede bailiff action would have gone to her address. Can you confirm this, please. Have you managed to find any of them ?

However, a few questions -

1. You submitted reps and apparently a letter was sent asking for the £2.50 and the PCN would be cancelled. How do you know this if you never received the letter ?
2. You submitted a TE7/TE9 which was accepted on 11th August- how do you know this ?
3. After acceptance of the above, the original PCN remains outstanding - Did you ever contact DART again to find out what would happen next.
It does seem to me that DART management have acted with forebearance, but eventually, with no response from the recipient of the PCN, enforcement action starts and as you have found out soon generates very large sums of money.

The bottom line here is that the owner of the vehicle as recorded on the V5 is responsible for payment or appeal of all PCNs (parking, DART, bus lane etc). Yet the decision to use the Dartford Crossing and not to pay thinking you were exempt is yours.

I would strongly suggest you contact the following: -

www.bailiffadviceonline.co.uk

A small fee is payable, but nothing compared to the bailiff fees. You may find the matter too far gone to reverse it, but Sheila of the above website will know if it is possible or not.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415426 · Replies: 44 · Views: 646

Incandescent
Posted on: Mon, 10 Sep 2018 - 17:59


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QUOTE (DancingDad @ Mon, 10 Sep 2018 - 17:33) *
I don't understand ???
PCN for non display, Walsall allow all day free parking for BB holders in all but short stay off street and CEO had pictures of the BB.
So unless outside the 4 hour limit for short stay or BB is out of date/invalid, dunno ??
https://go.walsall.gov.uk/disabled_blue_badge_parking

According to the map link on the page, Lower Rushall St has four 'All Day' car parks. Question then becomes - is the BB still valid because photos show the attached PCN, and the BB and clock clearly visible ?. I would not have thought a clock is needed in the All Day car parks.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1415384 · Replies: 18 · Views: 238

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