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Neil B
Posted on: Yesterday, 18:09


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Only thing I can think of --- VRM -are entering a zero for the 'O' ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453487 · Replies: 19 · Views: 299

Neil B
Posted on: Yesterday, 15:56


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QUOTE (Amir khan @ Sun, 20 Jan 2019 - 03:18) *
I got one more problem I just tried paying the fine and it says the pcn number isn't right, do they change it after they accept or decline my first appeal

Works fine when I entered it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453460 · Replies: 19 · Views: 299

Neil B
Posted on: Yesterday, 00:43


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QUOTE (hcandersen @ Sat, 19 Jan 2019 - 22:59) *
deliberately failed to register their car ...in order to avoid being pursued by the state.

Eh?
QUOTE (DX3P0 @ Sat, 19 Jan 2019 - 10:52) *
- I filled in the V5C details when I bought and taxed the vehicle in March 2018.

But -
and you taxed it how exactly? Having done it myself I can't remember the process
and another but -
QUOTE (DX3P0 @ Sat, 19 Jan 2019 - 10:52) *
posted in and V62 lost in the mail ?

Was it V5 or V62 and, if the latter, why?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453359 · Replies: 14 · Views: 262

Neil B
Posted on: Fri, 18 Jan 2019 - 16:29


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QUOTE (PASTMYBEST @ Fri, 18 Jan 2019 - 15:58) *
( within 14 or 28 days from) not beginning with as it should be. This adds one day to each period

We can't use the 14; they can set any period they like for discretionary re-offer of discount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452922 · Replies: 19 · Views: 293

Neil B
Posted on: Fri, 18 Jan 2019 - 12:52


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Just to answer an earlier question.
QUOTE (tkens @ Thu, 17 Jan 2019 - 21:45) *
Do you know if I can pay (to stop any further action) and then submit the n244 to ask the judge to look at it and get the money refunded?

If it were a TE7 application, the answer would be yes but N244 is time limited and you're already over two weeks late.
Your N244 would first have to address the delay --- and, ok, your only recently having discovered the mail problem is a starting point.

If successful, having paid £423 and the £100 Court fee it may be difficult to recover the money. I'm only basing that on
the reported experiences of other cases on the forum.

You'd be better off either fighting or paying.
If you intend to try then enforcement is again suspended (arguably) once an N244 is filed.
I suggest you start by looking at the form. https://www.gov.uk/government/publications/...lication-notice

--

On current risks of increasing costs, the only possible additional fee is £110 'preparation for sale', which bailiffs
sometimes apply when just removing goods.

More directly a risk is that the vehicle will be the easiest and therefore prime target.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452810 · Replies: 60 · Views: 761

Neil B
Posted on: Fri, 18 Jan 2019 - 11:55


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and the three statutory notices that count were not found with the neighbour.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452787 · Replies: 60 · Views: 761

Neil B
Posted on: Thu, 17 Jan 2019 - 22:10


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I can't tell you what a Judge will think and I've pretty much exhausted all thoughts on the matter.

One thing that came to mind is the complexity of the matter and even completing the forms. I refer back to your TE7.
an N244 needs to be correctly formatted, clear and detailed while remaining relatively concise. I'd baulk at the idea
of putting it together, even myself.

Have you explained your recent discovery to the Council?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452664 · Replies: 60 · Views: 761

Neil B
Posted on: Thu, 17 Jan 2019 - 19:50


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QUOTE (zwekk @ Thu, 17 Jan 2019 - 15:52) *
QUOTE (tkens @ Thu, 17 Jan 2019 - 13:45) *
I really do not want to escalate the situation between myself and my next door neighbour, they are a tyre place and other than being good neighbours they have provided a number of freebies and repairs over the years so it is better just to call in a favour when I need a new set of wheels.


Maybe see if you can get them to agree in writing that they'll offer half the £400 in "labor", as a good solution, and that they will agree to pass mail on within 3 days in future. In return, you'll accept the loss of £400+ and will consider the matter settled.

Reality check needed there. You're neither listening to the OP or earlier members' opinions on the matter.

QUOTE (tkens @ Thu, 17 Jan 2019 - 16:45) *
The letter from the court was 17th December. So I take it it doesn’t matter that the letter wasn’t actually delivered to me?

No it does matter, if you can prove it, as a reason for late filing of N244.
But I still can't recommend it with any confidence.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452601 · Replies: 60 · Views: 761

Neil B
Posted on: Thu, 17 Jan 2019 - 15:46


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QUOTE (DancingDad @ Thu, 17 Jan 2019 - 15:40) *
I see no harm in responding as the draft and including the bank statement with a note saying processed the following day.
Maybe a few more details such as had dropped wife off and agreed to meet at 7.15, just to flesh it out.

To be clear.
I believe you have enough for the boarding exemption to be applied.
That you left the vehicle is not enough to damn it (Makda) but does leave it open to questions like "are you sure you didn't park and go off to do some shopping?"
Short observation period is in your favour.
IMO council unlikely to cancel so probably means being prepared to go to adjudication.
Decision will rest on credibility and possibly mood of the adjudicator on the day.


If you are not prepared to keep fighting or risk the full payment, grab the discount.
While I think it is winnable and would put it better then 50/50 by no means a certainty.

A good summary if I can +1.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452460 · Replies: 26 · Views: 506

Neil B
Posted on: Thu, 17 Jan 2019 - 13:55


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QUOTE (tkens @ Thu, 17 Jan 2019 - 13:45) *
Finally can I pay and still make the application and ask for a refund? I do not want bailiffs taking my van.

You're already too late to make an N244 application. The letter you've just found explains the timescale.
Other than 'December' you still haven't told us the date of the TEC refusal Order.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452431 · Replies: 60 · Views: 761

Neil B
Posted on: Thu, 17 Jan 2019 - 11:49


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QUOTE (zwekk @ Thu, 17 Jan 2019 - 11:26) *
The council did not claim, when opposing the cancellation of the warrant, that they did not receive any representations. The council also did not claim that they received no further correspondence after sending letters escalating. It would appear to be an error in law to have rejected the application.

We haven't seen the Council objection, their SoT to the Court. We've seen the front sheet only. (post #12, 2nd attachment, image 1
and image 3 being the covering letter.
Either they didn't enclose it with the communication or OP has not shown it.

I don't understand what image 2 is, addressed (in text body at least) to the OP or what forms they are referring to.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452400 · Replies: 60 · Views: 761

Neil B
Posted on: Thu, 17 Jan 2019 - 00:43


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QUOTE (Benhil14 @ Wed, 16 Jan 2019 - 22:35) *
QUOTE (stamfordman @ Wed, 16 Jan 2019 - 22:27) *
We need to see council pics and any pics you took. Also, we need the google street view location.

Put pics on https://imgbb.com or such like.

If you PM me details I'll see if pics are online.


Hiya,
The council haven’t taken any pictures.

How do you know?
Stamf is offering to hejp.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452339 · Replies: 8 · Views: 206

Neil B
Posted on: Wed, 16 Jan 2019 - 23:51


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QUOTE (DancingDad @ Wed, 16 Jan 2019 - 23:09) *
For Neil or others who may think a library visit is a strange day out, the new library is a tourist attraction.
Not only a library but hosts exhibitions, architecturally interesting and a viewing area that overlooks a lot of the city.
It would not be seen as a strange visit by any Brummie.

I don't.
I was just pointing out that it might help if they described their movements. Whether it was joining the parents or going shopping
matters not, the car was left there for the BB holders use, ready for the return trip. i.e. badge in the use of badge holder throughout.

QUOTE (DancingDad @ Wed, 16 Jan 2019 - 23:09) *
On the yellow line suggested removal.
Assuming that Op is telling the truth (and I have no reason to suppose otherwise) then a willingness to be interviewed illustrates that this is an honest account and there is nothing to fear from it, even if it is under caution.

I lean towards PMB on this. BBs are issued by Councils, this one likely B'ham. It only takes a jobsworth to decide that driving 30m without
the badge holder is not allowed and they'll cause all manner of grief; even without prosecution they might withdraw it.
I don't think the potential benefit you mention outweighs that risk.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452337 · Replies: 28 · Views: 403

Neil B
Posted on: Wed, 16 Jan 2019 - 23:36


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 23:00) *
As far as I can see, the OP only needs to convince the court of 51% chance that the OP did not receive the NtO.

A notice that they've previously stated to the Court they responded to?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452335 · Replies: 60 · Views: 761

Neil B
Posted on: Wed, 16 Jan 2019 - 22:20


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QUOTE (stamfordman @ Wed, 16 Jan 2019 - 21:45) *
Liverpool is a rapacious council when it comes to parking.

With parking like that I don't blame them!

Can't find CPZ map but it's City centre, two zones, restricted 8-6 at least.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452309 · Replies: 11 · Views: 133

Neil B
Posted on: Wed, 16 Jan 2019 - 21:14


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QUOTE (SxcQueenE @ Wed, 16 Jan 2019 - 20:22) *
Neil I have answered this question if you look over my responses I stated the Birmingham Library which is attached to REP Theater Birmingham, that was the venue we took him to

Sorry missed it.

and joined your parents in the library?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452284 · Replies: 28 · Views: 403

Neil B
Posted on: Wed, 16 Jan 2019 - 19:54


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I asked ages ago -
QUOTE (Neil B @ Wed, 16 Jan 2019 - 12:43) *
Venue? For what?

It's important to your case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452257 · Replies: 28 · Views: 403

Neil B
Posted on: Wed, 16 Jan 2019 - 19:36


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 18:08) *
In any case, what should the OP do? He is faultless as far as I can see, but it's difficult to prove that he didn't receive something he never received. Is a statement of truth enough?

The answer to the second question is that we don't know: Outcomes of such cases are not published.
So we tend to advise based on common sense perceptions of how a Judge will view the evidence.

If they were to decide based on the core purpose of an N244, to review the decision of the Court Officer, then they could only
rule the CO was correct; having been faced with a woeful statement of just 13 words on the TE7.
But Judges are human and probably do look at further detail, allowing N244 to be an opportunity to add detail and evidence
previously omitted.

Before she even starts she has the problem of the N244 application being too late. Not an irretrievable issue but
requiring an additional statement of tangible reason. If not accepted, the Judge won't look further at the application.
I've not been able to find out if the £100 fee is forfeit when applications are not heard due to being late. I guess it probably is as
it is the Judge that makes the decision on delay.

Assuming the Judge is willing to look at whether statutory notices were received, what have you got to offer?
The law says they are presumed served unless the contrary is proven.

Then there's the little hiccup that, as far as I can tell, the TE9 Witness Statement was filed on false grounds.
The OP hasn't mentioned receiving an NtO.
I doubt it would be jumped on but just another complication.

Any such application would have to be detailed, correctly completed and formatted and backed up by evidence.
At cost vs potential savings. Is it worth the time and effort?

Imho, I agree with others, pay.

----

Sometimes we see genuine cases here that just can't be helped or unjust adjudications. dontknow.gif Don't lose sleep over it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452254 · Replies: 60 · Views: 761

Neil B
Posted on: Wed, 16 Jan 2019 - 15:47


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QUOTE (zwekk @ Wed, 16 Jan 2019 - 15:18) *
QUOTE (cp8759 @ Wed, 16 Jan 2019 - 14:09) *
If you receive misdirected mail, it is common courtesy to deliver it if it's addressed to a neighbour, but I don't see how you could pursue a claim for negligence. There is no positive duty on anyone to do anything with mis-delivered post (other than not opening it, if it is being opened for the purpose of detrimenting the addressee).

Calling the police will, at most, result in the OP being told he's wasting police time.


In terms of the criminal offense, I was thinking of Postal Services Act 2000 section 84:
QUOTE
84Interfering with the mail: general
(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.


I would be worried if the police considered it a waste of their time to deal with mail from a court which was neither returned nor forwarded. How much time would the police lose if their own officers turned up at court to find the defendant not present because the summons were binned or kept in a drawer?

But if the police find that there was no intention, and it was just carelessness of lack of courtesy, the OP has the evidence he needs in the form of the police report.

As for common law negligence, I am not sure whether the duty of care lies in Royal Mail for misdelivery, or the neighbour, or both.

The only item found is not one of those directly relevant to the case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452161 · Replies: 60 · Views: 761

Neil B
Posted on: Wed, 16 Jan 2019 - 12:43


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We need to see the PCN, your challenge, the rejection, Council pics and a GSV link.

Venue? For what?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452047 · Replies: 28 · Views: 403

Neil B
Posted on: Tue, 15 Jan 2019 - 21:08


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QUOTE (Mr_MG @ Tue, 15 Jan 2019 - 17:48) *
I cannot make a further informal appeal at this stage (they only allow 1),

Who told you that?

I agree with PMB re the banana skin; detracting from your exemption.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451841 · Replies: 26 · Views: 506

Neil B
Posted on: Tue, 15 Jan 2019 - 21:01


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QUOTE (tkens @ Tue, 15 Jan 2019 - 20:55) *
Does it not matter that in the notification from Tonbridge it says that we should wait to hear from them. As you can see I then emailed them asking for the form they said they would email and I didn't get any reply not even by email.

I actually don't know what they are talking about.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451835 · Replies: 60 · Views: 761

Neil B
Posted on: Tue, 15 Jan 2019 - 19:43


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You also say you're missing one from the Court - TEC.

Sometime ??? in December, which means you're almost certainly too late for N244 unless you can persuade a Judge you
didn't receive that either -- before they'll even look at your case.

Sorry I can't be of more help but you've not even the beginnings of a reason to risk £100 paying for N244.

Maybe others will think differently.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451804 · Replies: 60 · Views: 761

Neil B
Posted on: Tue, 15 Jan 2019 - 19:26


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Terminology askew.
It's not a rejection but a copy of their 'objection' to your TE7 - albeit they've sent the front sheet and omitted the actual
statement itself.


QUOTE (tkens @ Tue, 15 Jan 2019 - 17:53) *
I don't know why they wouldn't have arrived.

What nothing? No idea at all?

Have you checked the V5 details are 100% correct?

QUOTE (tkens @ Tue, 15 Jan 2019 - 17:31) *
as you can see though I have made a bit of a hash of the reason box. I meant to say that I had not received any letters from Tonbridge and Malling.

It wouldn't have made any difference.
It's an application to a Court, not a note for the milkman.

Sorry to be harsh but they need 'why likely true' and evidence to back it up.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451794 · Replies: 60 · Views: 761

Neil B
Posted on: Tue, 15 Jan 2019 - 17:41


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QUOTE (tkens @ Tue, 15 Jan 2019 - 16:59) *
My Dad was out on the delivery when he got a ticket. I then appealed it l

If this was a PCN on the vehicle then this wasn't an "appeal" but just an informal 'challenge'.
It will be interesting to see what you claimed on the TE9.

So far I'm counting FIVE letters/statutory notices/ notifications have not arrived?

Any idea why that might be?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451750 · Replies: 60 · Views: 761

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