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DancingDad
Posted on: Yesterday, 16:27


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QUOTE (Brian Haytred @ Tue, 19 Jun 2018 - 17:18) *
,,,,,,,,,
Which enactment makes stopping on a school marking a contravention?


RTA via TSRGD
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1392076 · Replies: 23 · Views: 518

DancingDad
Posted on: Yesterday, 13:56


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QUOTE (notmeatloaf @ Tue, 19 Jun 2018 - 13:36) *
……... if the driver had held back for a couple of seconds he could have checked the road ahead himself before commiting. The fact he didn't see me until shortly before impact is because of his failure to get into a position to observe oncoming traffic which is an essential part of giving way to oncoming traffic.
……...


This
If the car driver had waited until the way was visibly clear then there should have been no problem.
That they followed the van and seemingly would have been blind to what was coming puts them in the wrong.
Exactly the same as if you follow another vehicle across any give way markings without checking your route is clear.
Whether or not the cyclist (How is your wrist BTW?) could have done more to avoid/not commit is something I will leave to the insurance etc to decide.
It always has to be remembered that right of way does not mean you can blindly charge through.
But obviously does aid arguments about rights and wrongs.
  Forum: The Flame Pit · Post Preview: #1392033 · Replies: 126 · Views: 2,384

DancingDad
Posted on: Mon, 18 Jun 2018 - 23:40


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QUOTE (notmeatloaf @ Mon, 18 Jun 2018 - 22:59) *
.....Does anyone know if you are allowed to drive an automatic car with a wrist cast?

The hospital literature says blanket no for any casts, so I suspect the answer is no because against medical advice...…...


Jeez

Okay was many years back but didn't give it a thought when I bust my wrist.
Left wrist, in plaster to below elbow, manual car.
Once initial pain had died and plaster set, no problem driving.
Got a nice indent in the palm of the plaster from the gear knob, could easily operate controls and indicators and keep two hands on wheel (not that I did or often do anyway)
Handbrake not an issue either as it is easily a shoulder lift to pull with locked arm.
But times change and if medical advice is not to drive with a cast, bu55ered if anything happens.
  Forum: The Flame Pit · Post Preview: #1391850 · Replies: 126 · Views: 2,384

DancingDad
Posted on: Mon, 18 Jun 2018 - 21:23


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QUOTE (Forbanner @ Mon, 18 Jun 2018 - 22:04) *
QUOTE (DancingDad @ Mon, 18 Jun 2018 - 21:38) *
What do you mean completed all....?
What have you put on the OOT ????



Sorry by completing all the above steps I meant obtaining the forms PE2 / PE3 (haven’t filled in my reasons yet, just the tick box that said I didn’t receive Initial PCN) and I have contacted the enforcement agency with the proof of sale etc.

I wasn’t sure what was meant to put In The reasons boxes.


Phew.... late tonight, can draft summat for you tomorrow.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391813 · Replies: 9 · Views: 248

DancingDad
Posted on: Mon, 18 Jun 2018 - 20:50


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PMB has posted the legislation re more then 50cm.
You will note that the legislation states the edge of the carriageway, doesn't use the word kerb.
Doesn't mean that council will not try to rely on the wording of the PCN but that doesn't mean it is right.
Stick with it, that red fence is the edge of the carriageway, their own photos fail to show that you are more then 50cm from the fence (though yours is clearer and distance debatable...so don't send it)

Challenge is simple

Dear Sirs
Ref PCN ????
My vehicle was parked nose onto the red fence.
The red fence represents the edge of the carriageway.
None of the CEO photos on your website show my vehicle more then 50cm from the red fence.
The contravention simply did not occur and as such the PCN must be cancelled.
Please also note that this PCN is a duplicate of PCN ?????
It is a staple of UK law that no one can be penalised twice for the same offence.
As such, as two PCNs have been issued, this represents the statutory ground that the penalty exceeds the amount due in the circumstances of the case and as such, this PCN must be cancelled.
Hugs and Kisses.


Same on second PCN just reverse the numbers.
It is a bit tongue in cheek on the penalty exceeds, if they cancel one that would normally be seen as enough.
But if they don't, may as well put it on the table early.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391805 · Replies: 11 · Views: 275

DancingDad
Posted on: Mon, 18 Jun 2018 - 20:38


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What do you mean completed all....?
What have you put on the OOT ????
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391801 · Replies: 9 · Views: 248

DancingDad
Posted on: Mon, 18 Jun 2018 - 10:02


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Zig zags only have relevance because the legislation does not allow any other road markings to be used in conjunction.
So they cannot paint the yellow lines.
This comes down to whether or not an adjudicator believes that there is sufficient signage to show that the yellow line restriction is clearly marked.
Plus legitimate expectation as you have been parking here for how long without issue.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391534 · Replies: 20 · Views: 568

DancingDad
Posted on: Sun, 17 Jun 2018 - 22:10


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To me it does not matter whether people alighted.
That is not the alleged contravention.
It is about why you stopped.
And a ruddy great lorry turning in front of you seems like a good reason to me and is covered in exemptions.... stopped due to reasons beyond the driver's control.
The video is likely to be the only evidence and indeed all the evidence.
Very clear that there was a lorry, totally useless if they intend to show you stopped for any reason bar the lorry.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391465 · Replies: 23 · Views: 518

DancingDad
Posted on: Sun, 17 Jun 2018 - 21:54


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Uninsured male presumably with insured female's permission to drive the car.... there's nice now isn't it.
World of pain for both with pee'd off cops looking to do someone.... assuming male driver is uninsured.

  Forum: The Flame Pit · Post Preview: #1391461 · Replies: 126 · Views: 2,384

DancingDad
Posted on: Sun, 17 Jun 2018 - 21:46


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Signs are irrelevant, the contravention is for parking more then 50cm from edge of the carriageway.
No signs needed for that.
If that red fence is the end of the carriageway, you are not more then 50cm so there is no contravention.

https://www.google.co.uk/maps/@53.4809072,-...3312!8i6656
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391458 · Replies: 11 · Views: 275

DancingDad
Posted on: Sun, 17 Jun 2018 - 21:44


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So either they didn't sent the V5 onto DVLA when they sold the car or they haven't sold it.

Re the bus lane, you are not liable even if the RK, liability lies with the owner.
While the owner is taken to be the RK, this can be refuted.

Get PCN number, contact TEC Traffic Enforcement Centre Northampton https://courttribunalfinder.service.gov.uk/...ment-centre-tec
Get them to email you required documents to try to get the PCN reset. Will be a Statutory Declaration and an Out of Time Request.
The SD is simple though has to be witnessed (local court for free) tick the box that says you did not receive PCN.
OOT is more difficult, you are out of time to submit the SD so need to show the court good reason why you did not.
More on that when you get the docs.

At same time, contact council and bailiffs, telling them that you are not the owner of the vehicle and were not at the time. Include proof of sale and details of the sale.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391455 · Replies: 9 · Views: 248

DancingDad
Posted on: Sun, 17 Jun 2018 - 21:33


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There is little thought in my mind that you would ever have to pay up on this one.
Virtually every parking place order will have exemptions along the lines of "on directions of police officer" and "due to circumstances beyond the driver's control"
That car is undrivable, told by a cop to stay put, about the only thing the council can moan about is not buying a P&D ticket.
Which given the (likely) exemptions, you did not have to do anyway.


Proper path to take is to wait for the Notice to Owner and challenge again. This time with crime reference, cops badge number, windscreen repair invoice et al to evidence your plight.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391453 · Replies: 23 · Views: 423

DancingDad
Posted on: Sun, 17 Jun 2018 - 18:13


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QUOTE
I did not have any money or cards with me to pay the parking fee...…..

Having got to car at 7..... gone back to office to phone insurance etc, then returned to car park..... no one at office to borrow a couple of quid from ?

What did the cop say..... best you don't drive it or leave it here, it cannot be driven ???

Your representations and the rejection as well please
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391385 · Replies: 23 · Views: 423

DancingDad
Posted on: Sun, 17 Jun 2018 - 18:00


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Why have you cropped the council pics?
We need to see the whole situation.
If, as you say, you were parked nose on to the end of the road, we need to see.
And if it is so, no contravention occurred.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391377 · Replies: 11 · Views: 275

DancingDad
Posted on: Sun, 17 Jun 2018 - 15:04


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I thnk the grey car driver is in trouble.
As the van comes through, you are still pedalling, which seems fine to me as timing would seem to permit van to clear chicane without impeding you.
But grey car is at best unsighted and at worst ignored the oncoming cyclist.
  Forum: The Flame Pit · Post Preview: #1391315 · Replies: 126 · Views: 2,384

DancingDad
Posted on: Sun, 17 Jun 2018 - 09:31


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Should be an easy win.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391257 · Replies: 23 · Views: 518

DancingDad
Posted on: Sat, 16 Jun 2018 - 16:47


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QUOTE (cp8759 @ Sat, 16 Jun 2018 - 17:25) *
.........More importantly, traffic cameras don't read number plates, it's not what they're designed for and they don't have the resolution. If there happens to be an ANPR camera very close-by, the police could try matching up the make/model/colour on the traffic camera to the ANPR hits, but it would take one very determined cop with nothing better to do.


We've seen clips on police documentaries where they have.
But have been where people had been copped reversing down (jammed) sliproad or hardshoulder cos they missed the slip.


On the M6 /hard shoulder to slips, they do vary in length.... J5 northbound, really do have to keep an eye on the solid to dashed white line, stay out too long and you miss the slip (DAMHIK)
J6 southbound, can commit onto hard should from around half a mile before.
  Forum: The Flame Pit · Post Preview: #1391152 · Replies: 15 · Views: 400

DancingDad
Posted on: Sat, 16 Jun 2018 - 10:20


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QUOTE (facade @ Sat, 16 Jun 2018 - 11:09) *
QUOTE (DancingDad @ Sat, 16 Jun 2018 - 10:29) *
But according to TSRGD, it is specific that the restriction only applies on the markings.
Though some adjudicators take a purposeful view that they apply across the highway, centre to edge.


I didn't know that, I thought it was the same as double yellows, centre to edge.
So they would be fine waiting as long as no part of their vehicle overhangs- would it be actual yellow paint, or an imaginary rectangle drawn around the edges of the zig-zags? and they can stop several feet from the kerb if they are not actually parked so the rule about parking close to the kerb won't apply.



Yup
Though interpretation on the day comes down to the adjudicator's view
http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
Part 6 (2)
There is a marked difference between area where you should not stop (carriageway) and area where must not stop


  Forum: The Flame Pit · Post Preview: #1391053 · Replies: 20 · Views: 517

DancingDad
Posted on: Sat, 16 Jun 2018 - 09:29


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QUOTE (122basy @ Sat, 16 Jun 2018 - 09:56) *
QUOTE (Incandescent @ Fri, 15 Jun 2018 - 21:27) *
The yellow zig-zags apply to the carriageway only, (similar to white zig-zags near pedestrian crossings), so the motorists, whilst being very inconsiderate and rude, have actually done nothing illegal. What is needed is a single yellow line adding with times the same as the no-stopping zig-zags. This does cover the whole road including footways and verges up to the property boundary. However you'll have to nag and nag the council !

The carriageway is edge to edge so the zig-zag is applicable on both sides of the zig-zag marking, that includes the path.
………..

Carriageway doesn't include footway.
I think you meant to say highway.

But according to TSRGD, it is specific that the restriction only applies on the markings.
Though some adjudicators take a purposeful view that they apply across the highway, centre to edge.


  Forum: The Flame Pit · Post Preview: #1391047 · Replies: 20 · Views: 517

DancingDad
Posted on: Fri, 15 Jun 2018 - 21:17


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QUOTE (PASTMYBEST @ Fri, 15 Jun 2018 - 21:37) *
No contravention. There needs to be yellow lines for an 02 contravention



We have seen similar where driver had parked inboard of a bus stand (solid yellow line) and adjudicator still upheld the PCN (01 or 02 forget which) as yellow lines continue even if not present.
Be wary
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390988 · Replies: 20 · Views: 568

DancingDad
Posted on: Fri, 15 Jun 2018 - 21:14


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QUOTE (Flutteringthicket @ Fri, 15 Jun 2018 - 21:52) *
But even if they're that thick and stupid that they never read the legislation, at some point they're going to get a clever letter from a savvy PCN recipient, saying something like "Your PCN omits the following essential information, which you are required by law to provide. So I won't be paying you a penny."

At that point, wouldn't you review your PCN wording and fix the problem?



Some do.
But all compare the cost of one lost parking penalty to scrapping umpteen thousand pre printed forms and continue to use the stock.
And maybe do not correct for the next printing run anyway.
Very rare that a mistake will cause any council more then momentary discouragement in their pursuit of parking penalties.

To be fair to councils (someone has to) we see far fewer wording issues then we used to so they have caught up somewhat.
  Forum: The Flame Pit · Post Preview: #1390986 · Replies: 8 · Views: 231

DancingDad
Posted on: Fri, 15 Jun 2018 - 21:09


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There is a good argument that says stopping (let alone parking) is only unlawful if stopped on the markings.
And an equally good argument that this would be obstruction or dangerous parking if the Old Bill wanted to play.
I see similar twice a day with people parked inboard the crossing Zig Zags near our local school.
  Forum: The Flame Pit · Post Preview: #1390983 · Replies: 20 · Views: 517

DancingDad
Posted on: Fri, 15 Jun 2018 - 14:21


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Must admit I thought same with a PPC a few weeks back when a PM arrived from another with similar case to mine.....Just cynical especially as member was brand new.
But they have since posted their own thread and been quite helpful so I reckon they are genuine.
  Forum: The Flame Pit · Post Preview: #1390828 · Replies: 6 · Views: 285

DancingDad
Posted on: Fri, 15 Jun 2018 - 13:47


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QUOTE (nextdoor @ Fri, 15 Jun 2018 - 13:09) *
QUOTE
It's where the crossing is but it is not parked on the tactile pavement


Not a lot of help. Bristol Road is about 2 miles long


Lot longer then that biggrin.gif
But I reckon on the left here
https://www.google.co.uk/maps/@52.4586951,-...3312!8i6656

There is little doubt in my mind that the traffic order waiting restriction will include the area bounded by the crossing controlled area (ZZs)
Equally little doubt that Birmingham will tell you that it will even if it doesn't.
But there are no yellow lines (cannot be within controlled area) so could claim insufficient signage.
Whether an adjudicator would agree is open to question.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390815 · Replies: 20 · Views: 568

DancingDad
Posted on: Fri, 15 Jun 2018 - 11:23


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QUOTE (ManxRed @ Fri, 15 Jun 2018 - 10:41) *
Wouldn't 'may' get a ticket (you may get one, you may not) be an ambiguous contract term which should be interpreted in favour of the consumer? So 'you may not' is the 'correct' interpretation?

I realise this is a wild and crazy hypothesis, and am happy for it to be ripped apart.



Parking Contract Terms will be in the car park, "May" on the permit is simply a warning.
  Forum: The Flame Pit · Post Preview: #1390763 · Replies: 23 · Views: 618

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