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Unloading Claim Rejected
h3lp
post Tue, 28 May 2019 - 07:24
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Hi All,

One of our vans got ticketed whilst unloading on non-restricted double yellow lines.

We appealed with supporting evidence but this got rejected because the van was near a junction.

Can anyone see anything incorrect about the council's letter before we pay?

Cheers.

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hcandersen
post Fri, 26 Jul 2019 - 21:31
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@cp ??

You misgivings are way out:
) The lease company will pay the PCN and seek to recover the money from the OP, or
2) The council won't receive any representations and will, in due course, issue a charge certificate (which the lease company will no doubt re-charge to the OP).


The die has already been cast; the lease company have written to the council and the OP. The OP is merely acknowledging receipt and confirming the meaning and purpose of the letter to the authority.

You seem to have a problem with the straightforward and this action is exactly that, the response of a genuine person who received the two letters.

I have revised my view. It is ESSENTIAL that the OP writes to the lease company.

You seem to forget that if the OP does nothing then the council may indeed ignore the letter from the company and issue a CC. IMO the ONLY way of averting this is to write to the lease company because we know that the details in that letter do not comply with the mandatory elements required to transfer liability, contrary to your thoughts that all that's required is a clear intent to transfer liability - since when did this become the regulatory standard? Therefore BY DEFAULT the OP could be taken out of the enforcement process and find themselves lumbered in the contractual one.

Only the OP can avert this possible outcome and they can't do it by sitting on their hands.

This post has been edited by hcandersen: Fri, 26 Jul 2019 - 21:36
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cp8759
post Sat, 27 Jul 2019 - 17:02
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QUOTE (hcandersen @ Fri, 26 Jul 2019 - 22:31) *
The die has already been cast; the lease company have written to the council and the OP.

No, the lease company has done no such thing.

The lease company has simply notified the OP of the penalty, and it has provided a letter addressed to the enforcement authority, which the OP can use as a Letter of Authority when he writes to the council, should he chose to challenge the penalty.

If there were any doubt that the lease company might have actually sent the third party authorisation letter to the council, any such doubt is dispelled by the letter to the OP clearly stating in relation to the Letter of Authority "You will need to send this with your appeal".

I stand by my advice in post 43, the OP needs to write to the council so he can get a new NtO issued to himself.

This post has been edited by cp8759: Sat, 27 Jul 2019 - 17:04


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Posts in this topic
- h3lp   Unloading Claim Rejected   Tue, 28 May 2019 - 07:24
- - Redivi   Post up all the documents, every page and a Street...   Tue, 28 May 2019 - 07:55
- - stamfordman   Pretty certain this is nonsense as we've seen ...   Tue, 28 May 2019 - 08:07
- - h3lp   Cheers guys, I haven't got the copy of my fir...   Tue, 28 May 2019 - 08:32
- - stamfordman   Observation time was 5 mins which further suggests...   Tue, 28 May 2019 - 08:46
- - PASTMYBEST   What a crock of bull. The exemption applies end of...   Tue, 28 May 2019 - 09:05
- - stamfordman   OP has put on external PMB - just click on them.   Tue, 28 May 2019 - 09:13
|- - PASTMYBEST   QUOTE (stamfordman @ Tue, 28 May 2019 - ...   Tue, 28 May 2019 - 09:19
- - h3lp   No problem, here we go thank you for your help   Tue, 28 May 2019 - 09:43
- - PASTMYBEST   Send this now To Mr Simpson Dear Mr Simpson re...   Tue, 28 May 2019 - 10:03
- - h3lp   Thank you so much! Email sent!   Tue, 28 May 2019 - 10:30
- - hcandersen   Have you actually sent it? If not, then wait.   Tue, 28 May 2019 - 11:14
- - h3lp   yeh i emailed it straight away. why whats up?   Tue, 28 May 2019 - 11:20
- - hcandersen   A matter of preference. I would have included.. ...   Tue, 28 May 2019 - 11:58
- - h3lp   OK thank you for your additional insight i'll...   Tue, 28 May 2019 - 12:27
- - h3lp   Hi All, The council have written and rejected the...   Thu, 6 Jun 2019 - 13:14
- - SurreyNorthern   Long time lurker, but I'm pretty sure that cla...   Thu, 6 Jun 2019 - 14:30
- - PASTMYBEST   You need to show us all of all the documents. When...   Thu, 6 Jun 2019 - 18:07
- - DancingDad   Personally I would write back again. Dear Sirs Re...   Sat, 8 Jun 2019 - 09:41
- - h3lp   Thank you! I love this site Will report back   Sun, 9 Jun 2019 - 08:08
- - h3lp   Hi All, The council are still playing hardball - ...   Tue, 18 Jun 2019 - 05:50
- - hcandersen   OP, it is irritating that you leave off the tops a...   Tue, 18 Jun 2019 - 07:29
- - h3lp   Sorry - i've checked and the letters are comin...   Tue, 18 Jun 2019 - 08:34
- - stamfordman   Who is the registered keeper - if it's your co...   Tue, 18 Jun 2019 - 09:00
- - h3lp   its on finance lease to a friend. shall i ask him...   Tue, 18 Jun 2019 - 09:30
- - stamfordman   QUOTE (h3lp @ Tue, 18 Jun 2019 - 10...   Tue, 18 Jun 2019 - 10:07
- - h3lp   yeh when i used to get tickets on my leased van, t...   Tue, 18 Jun 2019 - 11:10
|- - cp8759   QUOTE (h3lp @ Tue, 18 Jun 2019 - 12...   Tue, 18 Jun 2019 - 13:54
|- - DancingDad   QUOTE (cp8759 @ Tue, 18 Jun 2019 - 14...   Tue, 18 Jun 2019 - 15:24
- - h3lp   Thanks - do you think i'm better just letting ...   Tue, 18 Jun 2019 - 15:51
- - stamfordman   QUOTE (h3lp @ Tue, 18 Jun 2019 - 16...   Tue, 18 Jun 2019 - 15:56
- - cp8759   I would take this all the way. They've mis-sta...   Wed, 19 Jun 2019 - 08:25
- - h3lp   Hi All, NTO has arrived. Can someone please advi...   Fri, 19 Jul 2019 - 19:11
- - hcandersen   its on finance lease to a friend. So pl be exact...   Fri, 19 Jul 2019 - 19:21
- - PASTMYBEST   What's the date of the NTO and who is it addre...   Fri, 19 Jul 2019 - 19:22
- - h3lp   16 07 19 is the date on the letter and it's ad...   Fri, 19 Jul 2019 - 19:37
|- - PASTMYBEST   QUOTE (h3lp @ Fri, 19 Jul 2019 - 20...   Fri, 19 Jul 2019 - 19:41
- - h3lp   Yeh the email from the lease company also came wit...   Fri, 19 Jul 2019 - 20:14
- - h3lp   Can anyone advise on what our reply should be? Ar...   Sun, 21 Jul 2019 - 06:32
- - hcandersen   Post this letter pl, just omit personal details bu...   Sun, 21 Jul 2019 - 07:38
- - h3lp   Thank you hcandersen, there were two letters - on...   Mon, 22 Jul 2019 - 06:43
- - hcandersen   You do NOTHING because there is nothing for you to...   Mon, 22 Jul 2019 - 08:01
- - cp8759   Sorry to have to call you out on this hcandersen, ...   Mon, 22 Jul 2019 - 15:47
- - h3lp   OK thanks for the input. The letter from lease co...   Fri, 26 Jul 2019 - 10:35
|- - PASTMYBEST   QUOTE (h3lp @ Fri, 26 Jul 2019 - 11...   Fri, 26 Jul 2019 - 12:00
- - hcandersen   @cp ?? You misgivings are way out: ) The lease co...   Fri, 26 Jul 2019 - 21:31
|- - cp8759   QUOTE (hcandersen @ Fri, 26 Jul 2019 - 2...   Sat, 27 Jul 2019 - 17:02
- - h3lp   i need to do something about this one - is there a...   Mon, 29 Jul 2019 - 05:53
|- - cp8759   QUOTE (h3lp @ Mon, 29 Jul 2019 - 06...   Mon, 29 Jul 2019 - 12:42
- - hcandersen   The first of the two posted letters seems clear: i...   Mon, 29 Jul 2019 - 08:46
- - h3lp   hi chaps, i emailed the lease company asking for c...   Mon, 5 Aug 2019 - 16:18
- - disgrunt   Phone them?   Mon, 5 Aug 2019 - 16:34
- - PASTMYBEST   What is the last letter from the council Post it h...   Mon, 5 Aug 2019 - 16:42
- - cp8759   Don't lose track of the fact that if you don...   Mon, 5 Aug 2019 - 17:06
- - h3lp   guys im genuinely not being lazy here, im just doi...   Wed, 7 Aug 2019 - 11:16
- - hcandersen   OP, can we just review where we are pl. You are d...   Wed, 7 Aug 2019 - 13:44
- - cp8759   Well regardless of what hcandersen might think, we...   Wed, 7 Aug 2019 - 15:53
- - h3lp   Thank you so much I will update again they reject   Thu, 8 Aug 2019 - 07:38
- - hcandersen   Well regardless of what hcandersen might think, we...   Thu, 8 Aug 2019 - 08:15
|- - cp8759   QUOTE (hcandersen @ Thu, 8 Aug 2019 - 09...   Thu, 8 Aug 2019 - 17:36
- - h3lp   Hi All, Quick update, the council backed down aft...   Fri, 23 Aug 2019 - 06:36
- - hcandersen   Well done. Pl post their letter and, just out of...   Fri, 23 Aug 2019 - 10:06
- - cp8759   QUOTE (hcandersen @ Fri, 23 Aug 2019 - 1...   Sat, 24 Aug 2019 - 17:07


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