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PASTMYBEST
Posted on: Today, 00:17


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I'd go for it. Even if you lose it will be about 3 to 4 months before you would have to pay. Save the cost of a cup of coffee a week til then and you just about save the difference. But you have a better than evens chance that you will not have to pay anything

We will help with drafting your appeal
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453574 · Replies: 19 · Views: 293

PASTMYBEST
Posted on: Yesterday, 22:38


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QUOTE (cp8759 @ Sun, 20 Jan 2019 - 22:30) *
I'm tempted to just go with a PCN out of time representation. If this were a hire car case, they would obviously reply saying a PCN was issued to the RK and in accordance with the legislation liability has been transferred. But I can't see them justifying the fact that the first PCN was sent to the unknown secretary of a non-existent company.


I agree but they will use that reasoning anyway and for appeal the will ne debunking
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453544 · Replies: 19 · Views: 266

PASTMYBEST
Posted on: Yesterday, 19:14


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You need to post what you sent to them and what they have sent to you. It would appear that they have treated the little note from you saying issue a PCN to the correct person as a representation and cancelled the first PCN. They then have 28 days to serve a fresh PCN

But to do this they must serve a notice of acceptance on the person who recieved the first PCN, in this case you would have recieved this, without it there are two PCN's extant for the same contravention and they cannot do that
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453503 · Replies: 19 · Views: 266

PASTMYBEST
Posted on: Yesterday, 19:05


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2160248915


Having viewed the CCTV clip and considered the evidence in connection with what has been written about an unsuccessful attempt at unloading I find the claim about an intended but unperformed delivery of flyers insufficiently proved.
I have not identified where on the penalty charge notice received the appellant learnt that by making early representations the discount opportunity would be frozen. Councils are not obliged to freeze from a penalty charge notice of moving traffic type and the scheme of the legislation is that the discount is available for those who wish to pay, and do so by the deadline described. Extensions are at the discretion of the Council. That situation differs from parking tickets issued on street where legislation does give an obligation to freeze the discount in response to early representations.
It does seem to me how that the appellant has made a good point, a procedural one about the notice of rejection arising from what should have been interpreted simply as a request to view. I have accepted there has been some prejudice from that and I have recorded the appeal as allowed.
This case I hope demonstrates to the Council that there is a distinction between something which is simply and unequivocally solely a request to view and something which is in, or also has the character of representations.


no doubt if you look at the sticky thread at the top of this forum you will find others
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453499 · Replies: 10 · Views: 213

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 14:37


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How did you send reps? any confirmation?

No problem to get this reset. you just need to wait for the next document the order for recovery this will allow you to make a statutory declaration to the effect that you made representations and did not receive a reply. This will revoke the CC the council must then refer to the adjudicator for direction which will most likely be an appeal.



If you have proof of the representation then the CC can be shown to be delivered before they are allowed to and is an unlawful demand for money and can win an appeal on its own
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453219 · Replies: 21 · Views: 306

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 14:26


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QUOTE (stamfordman @ Sat, 19 Jan 2019 - 14:17) *
QUOTE (cp8759 @ Sat, 19 Jan 2019 - 13:04) *
There's a flaw on the PCN, it has on 0845 number on the rear that makes it invalid. For future reference, could people please check the list of known issues at http://bit.ly/2ALghSS before advising OPs to pay? While no "known issue" is a 100% guaranteed win, OP in this instance should have been able to make an informed decision.



Fair enough but I would not have advised sacrificing the discount to pursue this one on that basis alone. I know PMB is testing 0845 on a case he is supervising.


Both I and CP have cases on the go on this issue. What we do know is that the adjudicator for one of them is taking the matter seriously enough to require further submissions from the council and Nottingham are dropping like hot potatoes before adjudication. and CP has a response from a council thanking him for bringing it to their attention and changing the number
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453214 · Replies: 12 · Views: 162

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 14:21


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There is nothing to use in any of the documents the De minimis is hit or miss we need to see the video to give an opinion on the likelihood of success
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453208 · Replies: 11 · Views: 181

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 14:14


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QUOTE (cp8759 @ Sat, 19 Jan 2019 - 14:00) *
With your car being parked right next to the sign, I don't really think there's much of an argument to be had here. The problem is it's actually two signs, one for the bay behind your car, and one for the bay where your car was parked, and google street view shows the pole is right on the boundary between the two bays. There are no flaws I can spot on the PCN, so subject to the views of others I have to say the discount looks good.


you knew it was a bay so there is a responsibility on you to check the signs and they are clear, I'm with CP the discount looks good
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453200 · Replies: 8 · Views: 167

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 13:57


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I think this should be a sticky or it will get lost
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453189 · Replies: 6 · Views: 152

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 13:55


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post a GSV and the council photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453187 · Replies: 7 · Views: 111

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 12:54


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QUOTE (stamfordman @ Sat, 19 Jan 2019 - 11:41) *
I'd be tempted to write back to them now with:

Dear Redbridge parking,

i am in receipt of your rejection to my challenge to PCN no xxxxx in which you state that:

"You were issued a PCN for parking at a point where the pavement slopes down to meet the road."

I understand that this is a misapplication of the law on dropped footways. Section 86 of the Traffic Management Act 2004 states that prohibition of parking at dropped footways applies where:

(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway. (my emphasis).

The sloping portion of the kerbstone does not count for the purposes of the Act.

I therefore ask you to cancel this PCN ahead of issuing an NTO. I understand after taking advice that Redbridge has even misapplying this law in a number of cases and I will not hesitate to seek costs for my time in dealing with this should you proceed with the enforcement process.

Yours


good
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453172 · Replies: 14 · Views: 255

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 12:46


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QUOTE (obwan1212 @ Sat, 19 Jan 2019 - 12:30) *
I've just opened the physical evidence pack that Wandsworth have sent me through the post and they've sent the details and evidence for a completely different case which is a little unprofessional.

Do I get in contact with the other person to let them know I have their evidence pack? It also looks like they may have a good chance of getting off as it's a box junction offence, and from the pictures it looks de minimis, but I'm no expert. Secondly, as they might not have been sent the evidence pack, could they get off on procedural impropriety?


no you take it with you. its an almost certain winner

When did you receive it by the way? is there a date of posting? and when is the hearing?


If the other guy has yours he has a similar golden ticket
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453167 · Replies: 31 · Views: 891

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 11:04


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Traffic Warden...……………………. training sign10.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453118 · Replies: 21 · Views: 306

PASTMYBEST
Posted on: Sat, 19 Jan 2019 - 11:02


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None of the photos are particularly clear, and I would leave it that way a look at the streetview tells me that you cannot get a car there without it being at least slightly in contravention. But they tell you you parked along side the sloping kerb and that is not a contravention dont offer your photos or streetview in evidence
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453117 · Replies: 14 · Views: 255

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 21:54


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QUOTE (cp8759 @ Fri, 18 Jan 2019 - 21:51) *
QUOTE (PASTMYBEST @ Fri, 18 Jan 2019 - 21:04) *
Hi guys

Can anyone give me the heads up on what I will need in the way of extra insurance for car hire in the USA. and good places to buy the same.

Also any advise on hire firms would be appreciated


Ta


PMB

I know a few people who's hired cars in the US and nobody ever mentioned anything special about insurance. It normally just comes included in the cost of hiring the car.


What I am reading seems to suggest it is a pretty basic package that is included and you need to re enforce it with an additional package
  Forum: The Flame Pit · Post Preview: #1453023 · Replies: 3 · Views: 141

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 21:52


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Very good CP notworthy.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453021 · Replies: 32 · Views: 702

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 21:04


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Hi guys

Can anyone give me the heads up on what I will need in the way of extra insurance for car hire in the USA. and good places to buy the same.

Also any advise on hire firms would be appreciated


Ta


PMB
  Forum: The Flame Pit · Post Preview: #1453004 · Replies: 3 · Views: 141

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 20:56


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There are quite a few things with the NoR that are wrong and can help. I am writing an appeal for someone else for this location over the weekend it will be on the same grounds as yours so you will be able to adjust it and use. I will link here when done
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453003 · Replies: 8 · Views: 144

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 17:42


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QUOTE (Neil B @ Fri, 18 Jan 2019 - 16:29) *
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.


smart ar*e go back to top of the class biggrin.gif
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452945 · Replies: 19 · Views: 293

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 15:58


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So not only a complete failure to consider your appeal they again mess up the time period ( within 14 or 28 days from) not beginning with as it should be. This adds one day to each period
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452909 · Replies: 19 · Views: 293

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 15:18


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This is a council PCN, I will ask a mod to move to the correct forum.

The photos don't matter, but if they only have video of the wrong vehicle you will have a strong case.

Post the PCN all pages and get and post the video, if it is not online ask for it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452892 · Replies: 4 · Views: 132

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 14:09


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Seems fine
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452849 · Replies: 8 · Views: 151

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 14:04


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When I look a box junction contraventions, I always think what would a copper do. I IMO it is more likely that they would ignore then to my mind so should the council. But they don't coz the get the money.

De minimis non curat lex ( the law does not concern its self with trifles) is not just a matter of how long, but can also be how much of the vehicle is in contravention


I would fight and risk paying the full penalty on principle but its no better than 50/50 IMO and its your money
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452843 · Replies: 15 · Views: 372

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 13:36


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With respect, if you ask for help from the people here, it would be proper for you to take the time to ensure the documents are posted the right way up and are readable



I would love to see some up to date photos


https://www.google.co.uk/maps/@51.55005,-0....6384!8i8192
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452829 · Replies: 19 · Views: 299

PASTMYBEST
Posted on: Fri, 18 Jan 2019 - 13:28


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it is scary how bereft of understanding of the regulations the seek to enforce the council operatives are
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452823 · Replies: 19 · Views: 293

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