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DancingDad
Posted on: Yesterday, 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: 15 · Views: 272

DancingDad
Posted on: Yesterday, 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: 27 · Views: 520

DancingDad
Posted on: Yesterday, 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: 8 · Views: 120

DancingDad
Posted on: Yesterday, 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: 3 · Views: 51

DancingDad
Posted on: Yesterday, 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: 16 · Views: 154

DancingDad
Posted on: Yesterday, 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: 16 · Views: 154

DancingDad
Posted on: Yesterday, 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: 8 · Views: 120

DancingDad
Posted on: Yesterday, 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: 27 · Views: 520

DancingDad
Posted on: Yesterday, 09:31


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Should be an easy win.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391257 · Replies: 15 · Views: 272

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: 338

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: 414

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: 414

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: 13 · Views: 394

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: 196

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: 414

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: 237

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: 13 · Views: 394

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: 22 · Views: 534

DancingDad
Posted on: Thu, 14 Jun 2018 - 22:47


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Bit longer then 15 seconds if I am reading time stamp on stills right.... earliest was 18.59.43 so 18 seconds plus whatever time the video first picked you up.
Still bl00dy ridiculous just do not give them the chance to argue over seconds, 18.59, the time stated on the PCN is silly enough.
Challenge stating that you checked your car clock showed 7pm before you moved into the bus lane and that any discrepancy comes under de minimis, that is too trivial to bother with. And to cancel the PCN using their discretion if nothing else
Include that if they decide not to cancel, that they should include records of the CCTV time calibration that clearly show when it was last calibrated.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390658 · Replies: 23 · Views: 512

DancingDad
Posted on: Thu, 14 Jun 2018 - 22:38


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QUOTE (Neil B @ Thu, 14 Jun 2018 - 21:41) *
QUOTE (DancingDad @ Thu, 14 Jun 2018 - 20:57) *
Most I would be prepared to do, if they did warn me on the LEZ compliance, is pay the original PCN.


By that we mean as a gesture; you are not legally liable for even that.


Not strictly true, the Owner is liable for the PCN but always has separate option of claiming against driver in small claims court for reimbursement.
I cannot see any court accepting driver liability for anything but the original PCN value (plus cost).
There is always an onus on any claimant to mitigate losses and not dealing with a PCN until bailiffs arrive is not something the driver could be held liable for.
Hence if I (as the driver) believed I was in the wrong in getting the PCN I would make the gesture (avoiding any court costs) but that would be the most.
If I didn't believe I was wrong, ie had not been given the information on LEZ compliance, the owner could whistle for anything from me.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390655 · Replies: 8 · Views: 539

DancingDad
Posted on: Thu, 14 Jun 2018 - 20:35


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QUOTE (122basy @ Wed, 13 Jun 2018 - 17:43) *
.....Jammer case, jailed...……...


Seems cars were dismantled to find the jammer in all the jammer cases ???

Seems a bit extreme to find a black box mounted on the bumper rolleyes.gif
  Forum: News / Press Articles · Post Preview: #1390616 · Replies: 7 · Views: 343

DancingDad
Posted on: Thu, 14 Jun 2018 - 20:25


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Assisted boarding alighting applies.
The standard exemption is extended to the driver leaving the vehicle if the passenger needs assistance, young, elderly or infirm are usual groups.
Time allowed is as long as needed but not one second more, so no waiting time before school ends, chats, stopping for a cuppa.
Include proof of collection. A note from creche can help.

Let's see the PCN though, there may be other issues with it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390614 · Replies: 5 · Views: 203

DancingDad
Posted on: Thu, 14 Jun 2018 - 19:57


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The owner of the vehicle lent you a vehicle that did not comply with LEZ rules, may or may not have warned you of this, then ignored the resultant PCN et al until it ended up with bailiffs.
And this affects you how ?
Most I would be prepared to do, if they did warn me on the LEZ compliance, is pay the original PCN.
Anything else is firmly and fully within their court.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390610 · Replies: 8 · Views: 539

DancingDad
Posted on: Thu, 14 Jun 2018 - 19:53


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QUOTE (Fredd @ Thu, 14 Jun 2018 - 20:28) *
QUOTE (notmeatloaf @ Thu, 14 Jun 2018 - 19:51) *
That is part of implementation surely?

No, that's procurement, not implementation. But either way it's the part of the process that councils tend to be s*** at.


They're not too good at implementation either.
  Forum: The Flame Pit · Post Preview: #1390609 · Replies: 31 · Views: 657

DancingDad
Posted on: Thu, 14 Jun 2018 - 19:51


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QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 20:28) *
...........And stop using your phone while driving.


Which is the easy way to avoid potentially 6 points and a hefty fine.
  Forum: The Flame Pit · Post Preview: #1390608 · Replies: 7 · Views: 225

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