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cp8759
Posted on: Today, 12:23


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https://www.iberia.com/gb/offices/

I don't see how you aren't entitled to a refund, they can't just pocket the money and say tough luck. I would go down the customer service route first, I don't see them refusing to hand back the money, if you paid it directly to them. Failing that, see if the bank can reverse the transaction (assuming you paid on a debit card).

If all else fails, someone sued Ryanair a few years ago by serving papers at the check-in desk at Stansted airport, as it was a place in the jurisdiction where the defendant had established a place of business, so the County Court is always an option (of last resort).
  Forum: The Flame Pit · Post Preview: #1427108 · Replies: 2 · Views: 16

cp8759
Posted on: Today, 12:07


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QUOTE (tigerskin @ Sun, 21 Oct 2018 - 11:37) *
I believe the TMO linked below indicates that the Market Place is an off street car park and wonder if someone could confirm this.

https://www3.havering.gov.uk/Documents/Tran...rder%202008.pdf

The TMO clearly identifies Market Place, Romford, as an off-street parking area (last page of Schedule 1 of the order). As contravention 62 is an on-street contravention, the alleged contravention did not occur, end of.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427106 · Replies: 16 · Views: 223

cp8759
Posted on: Today, 12:02


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I don't think it's very useful in this instance but the council's policy on PCN cancellations is published here: http://www.cumbria.gov.uk/eLibrary/Content...42667141446.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427104 · Replies: 19 · Views: 344

cp8759
Posted on: Today, 11:49


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I would wait for the Notice to Owner at this point. They're going to struggle to persuade anyone that the area where you parked is a "road". You might want to get hold of a map from the council showing the boundary of the adopted road.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427101 · Replies: 10 · Views: 301

cp8759
Posted on: Today, 11:46


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I would not risk the discount. At the end of the day these signs are pretty clear: https://www.google.com/maps/@51.5791099,-0....6384!8i8192
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427100 · Replies: 3 · Views: 46

cp8759
Posted on: Today, 11:40


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QUOTE (johnojones @ Sat, 20 Oct 2018 - 23:54) *
chaps please understand . It is confusing because although the letters from the council state an excess charge in one and a fixed penalty charge in another, these are wrong. I received a parking charge notice.This has been confirmed by the local authority on Thursday. The person representing the parking wardens could not explain the mix up, but has a copy of the original issue and it definitely confirmed is a PCN. i started from the online official .gov website here;

Whatever you may say, you are about to be criminally prosecuted in the Magistrates' Court, at which point you will effectively be a convicted criminal. If I were you I'd rather pay the £75 now, at least you get to keep your good character that way.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427099 · Replies: 24 · Views: 334

cp8759
Posted on: Today, 11:36


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I agree with the adjudicator.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427098 · Replies: 12 · Views: 387

cp8759
Posted on: Today, 11:31


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QUOTE (Snowynight @ Sun, 21 Oct 2018 - 04:42) *
Thanks very much indeed CP! It makes a lot of sense and I'm preparing the appeal. Should I go for a personal hearing or have the appeal decide solely on the evidence?

As this appeal is based purely on a point of law, and your credibility as a witness doesn't really come into it, I'm not sure there would be any benefit from you attending a hearing.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427097 · Replies: 7 · Views: 145

cp8759
Posted on: Today, 11:07


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QUOTE (Jordan AO @ Sun, 21 Oct 2018 - 01:22) *
My friend has received two PCN's for an Alleged Bus Lane Contravention on 12/20/2018 and posted on 17/10/2018. The first of the two PCN's is timed at 19:07 and the second is at 19:23. These are both caught by the same camera which faces the Manchester Palace Theatre.

The details of both PCN's read:

"Alleged Bus Lane Contravention
Being in a bus lane (during the hours of operation of the bus lane)
Location: Oxford Street (Whitworth Street West to Chepstow Street)"

It would be much better if your friend could post here rather than going through you, as dealing with second hand information isn't ideal. It would be helpful to know which route was taken to get to this bus lane.

QUOTE (Jordan AO @ Sun, 21 Oct 2018 - 01:22) *
As another note reading the reverse of the statement may be evidenced as the registered keeper is female and the driver was female but the reverse states the following:
"The recipient of the penalty charge notice may, by notice in writing to the council at the address shown in section 3 of this notice, request the council to make available at a council office specified by him and by his representative )if any), the record of the contravention produced by the approved device pursuant to which the penalty charge was imposed or to prove him, free of charge, with such still images from that record as, in the councils opinion, established the contravention". Only Him????

While the Interpretation Act 1978 isn't directly applicable to a PCN, the courts would almost certainly follow the principles of section 6 of that Act:

6 Gender and number.
In any Act, unless the contrary intention appears,—
(a)words importing the masculine gender include the feminine;
(b)words importing the feminine gender include the masculine;
(с)words in the singular include the plural and words in the plural include the singular.


QUOTE (Jordan AO @ Sun, 21 Oct 2018 - 01:22) *
How do we get more info from Manchester City Council in regards to this and successfully appeal it?

I'm not sure you need anything from the council at this point, you need to tell us what route was taken to get to the bus lane. If you post a redacted copy of the PCN (hiding just name and address) we can check if there are any errors. You can use imgur.com to upload the images and then post a link on here.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427094 · Replies: 1 · Views: 29

cp8759
Posted on: Today, 10:58


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QUOTE (Neil B @ Sat, 20 Oct 2018 - 20:56) *
QUOTE (Neil B @ Sat, 20 Oct 2018 - 20:46) *
Whether what says is compliant I haven't yet checked - as Incandescent suggested.

It isn't compliant, (if we've seen it all?)

Regs same as TMA in England, adjusted for mtc.

From appeals Regs. 3

(e)where the penalty charge notice is served by virtue of regulation 10(1)(a) of the General Provisions Regulations(1), a statement of the effects of paragraph (5) and (6).
(5) The recipient of a penalty charge notice served under regulation 10(1)(a) of the General Provisions Regulations may, by notice in writing to the enforcement authority, request it—

(a)to make available at one of its offices specified by the recipient, free of charge and at a time during normal office hours so specified, for viewing by the recipient or by a representative, the record of the road traffic contravention produced by the approved device pursuant to which the penalty charge was imposed; or
(b)to provide the recipient, free of charge, with such still images from that record as, in the authority’s opinion, establish the road traffic contravention.
(6) Where the recipient of the penalty charge notice makes a request under paragraph (5), the enforcement authority must comply with the request within a reasonable time.


+1, the PCN isn't compliant so that's a procedural impropriety.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427091 · Replies: 5 · Views: 61

cp8759
Posted on: Today, 10:54


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QUOTE (Thewhirlwind @ Sun, 21 Oct 2018 - 11:14) *
Has anyone had any joy appealing these yet?
I noticed yesterday that there are now warning signs on the main road before you turn into Phoenix Way. Does anyone know when these were put up as I've not noticed them before?
Expecting 3 PCNs from this so hoping we get some joy.
Has anyone been allowed to pay one and not multiple fines when a new sign is put in place in any other instances? i. e. is this grounds for appeal in itself?

Please don't discuss your own case on another person's thread, as this will just cause confusion. If you get a PCN, start your own thread. If you want to discus PCNs you might receive, start a thread in the flame pit.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427090 · Replies: 4 · Views: 182

cp8759
Posted on: Today, 10:51


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QUOTE (Mr_PB @ Sat, 20 Oct 2018 - 20:01) *
So having not heard anything back from Islington council I phoned them on Thursday 18th Oct.

They say that they can't find the email that I sent and that it has not been attached to my ticket and the ticket 'frozen'.

They have asked that I send the email again. When I sent the original email I received an automated response stating that it had been received.

Do anyone have any advice on this?

I feel that it should not be up to my to send the email multiple times because of issues with their process?

They have acknowledged receiving the first email and stated that they would respond.

You have to be reasonable as this will get you brownie points at the tribunal, should it come to that. Forward your original email to them again and say something like "Please refer to my email below sent on (insert date), I look forward to your prompt reply"

I assume you had the VRM & PCN number in the original email?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427089 · Replies: 8 · Views: 132

cp8759
Posted on: Today, 09:31


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I don't think we can add much to that, good luck.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427077 · Replies: 25 · Views: 676

cp8759
Posted on: Today, 09:29


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You need to find out when the car was towed. If it was towed less than 30 minutes after the PCN was served, this is against council policy and you have a reasonable chance on appeal. Otherwise, I don't see much hope. If you don't know when the car was towed, you'll have to find out from the council.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1427076 · Replies: 13 · Views: 171

cp8759
Posted on: Yesterday, 16:55


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Just out of interest what is the offence alleged against you? If it's parking on double yellow, it should be easy to defend if you had a BB on display (plod would have no reason to know you're a BB holder unless you've told them).

QUOTE (Atrixblue.-MFR-. @ Sat, 20 Oct 2018 - 17:11) *
The video is literally footage of picture 1 for 3 mins with cars coming and going I do not move Pic two is a snapshot of footage I managed to save form the dashcams SDcard and uploaded off my phone when I had the chance to extract it from a long list of file corruptions from a format gone wrong on the dashcam. Im not going to post it up as ive been requested not to by Operation Snap, I know police has prosecuted on evidence posted on youtube etc and forums, but at the moment I don't want this one dropped (this Constable drops a lot of my footage due to "evidential tests" or "unforeseen circumstances") and she is twitchy about social media. I usually leave it 6 months then pass on the footage to Welshdrive on youtube as that is what I consider enough time to get it to court and police to contact me for witness.

So you're a dashcam warrior who does't appreciate what the prosecutorial thresholds are. I suggest you familiarise yourself with the CPS Code for Crown Prosecutors as it will save the police having to review an awful lot of useless footage. See https://www.cps.gov.uk/publication/code-crown-prosecutors

QUOTE (Atrixblue.-MFR-. @ Sat, 20 Oct 2018 - 17:11) *
1 1/2 weeks Before this the constable came out to encourage me not to upload evidence of poor driving by council staff!

Well we've established that your ability to judge what is "poor driving" is questionable so I can see where she's coming from.

As for the section 172 I would send them a letter by 1st class post, no tracking, just get a free certificate of posting from the post office counter. There is then a presumption of delivery two working days later (section 7 of the Interpretation Act 1978) and it would be for the police to rebut the presumption.

QUOTE (peterguk @ Sat, 20 Oct 2018 - 17:47) *
QUOTE (Atrixblue.-MFR-. @ Sat, 20 Oct 2018 - 17:11) *
That's not the end of it, its states on the Operation snap website they don't deal with parking!


Parking offences became decriminalised decades ago.



Depends where you are. Where I live they're decriminalised, 10 minutes down the road in the next county they're not.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426956 · Replies: 28 · Views: 629

cp8759
Posted on: Yesterday, 16:42


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QUOTE (Atrixblue.-MFR-. @ Sat, 20 Oct 2018 - 14:47) *
QUOTE (cp8759 @ Sat, 20 Oct 2018 - 14:45) *
Show us the dashcam video

unfortunately I cannot as it is part of evidence, I am restricted as to where I can post as I cant post it anywhere on forums or social media it as its still a live open case.

Are you more interested in not being prosecuted yourself, or ensuring a successful prosecution of the other driver?
  Forum: Speeding and other Criminal Offences · Post Preview: #1426953 · Replies: 28 · Views: 629

cp8759
Posted on: Yesterday, 16:39


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As the actions have ceased, there's nothing to be "made legal". I'd just phone them, explain the situation and leave it at that, it's unlikely they'll have any interest in taking things further. This is the sort of letter they send just in case it's an ongoing thing.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426951 · Replies: 8 · Views: 358

cp8759
Posted on: Yesterday, 16:32


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QUOTE (tigerskin @ Sat, 20 Oct 2018 - 17:25) *
It's a bit of a quirk of the law but a disabled bay cannot be allocated to a person. If you have such painted outside your property it is made very clear it is just a disabled bay for any persons use who has a valid blue badge.

Not quite true, a bay can be allocated to a particular vehicle though the criteria for that are quite stringent.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426950 · Replies: 11 · Views: 111

cp8759
Posted on: Yesterday, 13:45


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Show us the dashcam video
  Forum: Speeding and other Criminal Offences · Post Preview: #1426927 · Replies: 28 · Views: 629

cp8759
Posted on: Yesterday, 11:49


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QUOTE (seank @ Sat, 20 Oct 2018 - 11:27) *
What often surprises me is the other side of this.
You can be waiting in the centre of a box junction, to turn right.
When the lights change, you occasionally get someone whose light has gone green and then thinks they have an automatic right to plough through.
Green certainly doesn't just mean go. Remember your driving test and highway code, that it means go if the road is clear.

As far as I'm aware a green light doesn't have any statutory meaning at all, it's the same as a non-functioning traffic light.
  Forum: The Flame Pit · Post Preview: #1426883 · Replies: 14 · Views: 299

cp8759
Posted on: Yesterday, 11:46


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QUOTE (southpaw82 @ Wed, 17 Oct 2018 - 19:30) *
Yes. All vehicles that pass an ANPR camera have their VRM recorded and stored - I don't know how long for. This database is searchable, though searches over a certain period of time required the authority of a superintendent (in one of my forces). This is different to a vehicle being on the watchlist, where an ANPR 'ping' will result in an active alert on the system, rather than the VRM only being passively recorded.

The data is stored for three years, all officers have routine access to data recorded over the past 12 months, to retrieve data recorded between 12 months and 3 years ago there must be suspicion of serious criminality (so terrorism, robberies, murder, organised crime etc...) and as you say access must be authorised by a senior officer.
  Forum: The Flame Pit · Post Preview: #1426881 · Replies: 14 · Views: 501

cp8759
Posted on: Yesterday, 11:38


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QUOTE (666 @ Sat, 20 Oct 2018 - 12:25) *
Recorded delivery is not the answer. If I were expecting a NIP, I would just refuse delivery.

That won't work, see section 1(2) of the Road Traffic Offenders Act 1988:

"A notice shall be deemed for the purposes of subsection (1)(с) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him."
  Forum: Speeding and other Criminal Offences · Post Preview: #1426880 · Replies: 17 · Views: 558

cp8759
Posted on: Yesterday, 11:28


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QUOTE (LCCFC @ Fri, 19 Oct 2018 - 15:32) *
He was told at the time he had no ticket left, so it will be posted out.

The fact that a Fixed Penalty Notice number is on the paperwork suggests it was posted out. An argument could be made that he should be allowed to pay the lower £50 amount if it was lost in the post, but for the sake of saving £25 it's really not worth the hassle.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426878 · Replies: 8 · Views: 492

cp8759
Posted on: Yesterday, 11:21


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Video: https://www.youtube.com/watch?v=KDJo8F-xfVM

So the road you wanted to go down was effectively closed and they're using the keep left bollard to enforce the closure. Yes the diversion is annoying, but I'm not sure it justifies driving on the wrong side of the road. On the other hand, the sign is directing you to drive down a closed road. PASTMYBEST, thoughts?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1426872 · Replies: 8 · Views: 124

cp8759
Posted on: Yesterday, 11:16


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QUOTE (maxti @ Thu, 18 Oct 2018 - 21:50) *
Thanks Jlc

I'll look into your suggestion, many thanks.

Edit. As I live in Wales I am looking into the unsigned suggestion, but the addition of the possibility of sections 2 or 3 being given to the PF scares me a bit, I really don't fancy being nailed for anything more than I need be!

max

If the offence took place in Scotland the unsigned route is available no matter where you live.

QUOTE (maxti @ Thu, 18 Oct 2018 - 21:33) *
I was doing 84 in a 70, a speeding van was stationed on a bridge over the motorway...

I doubt it was a speeding van, especially if it was stationary...
  Forum: Speeding and other Criminal Offences · Post Preview: #1426868 · Replies: 4 · Views: 349

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