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PASTMYBEST
Posted on: Today, 00:21


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QUOTE (zwekk @ Thu, 13 Dec 2018 - 00:17) *
Is there also the case that the stopping was in the usual course of driving, e.g. Highway code Rule 151:
"In slow-moving traffic. You should ...
allow access into and from side roads, as blocking these will add to congestion"

That the passenger chose to exit the car can hardly be the fault of the driver. A similar situation might occur if a passenger opens the door at traffic lights.


Not one I would make having seen the video. It would impact credibility
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441923 · Replies: 14 · Views: 119

PASTMYBEST
Posted on: Yesterday, 23:30


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QUOTE (zubarator @ Wed, 12 Dec 2018 - 23:08) *
QUOTE (PASTMYBEST @ Wed, 12 Dec 2018 - 18:32) *
The next document you receive will be an order for recovery with this there will be a form that allows you to make a witness statement to the effect that you made representations but recieved no reply.


If you do this be aware that making a false statement would render you liable to a fine of up to £5000


Thank you for your reply. What will happen after I send a witness statement? Will there be a court hearing and if so do I need to attend? Do i need to state all the details in a witness statement or just the fact that no reply was made to my representations? How will they know if I am making a true statement or a false one?

Sorry for too many questions, I could not find answers anywhere else.


If you make a statement and it is true, nothing to worry about, we here will take you at your word, so if you are happy to make the statement go ahead. What will happen then is that TEC will revoke the order for recovery and charge certificate but not the NTO . The council will then refer to the adjudicator for direction. That may be he orders an appeal, the directs you to submit your representations or he directs you to pay the NTO penalty amount
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441917 · Replies: 4 · Views: 63

PASTMYBEST
Posted on: Yesterday, 23:22


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There was no failure to comply with a s36 traffic sign



The yellow zig zag markings (1027.1) TSRGD 2016 schedule 7 part 4 item 10 are a s36 traffic sign by virtue of schedule 7 part 3(3)(b). As such a contravention can only occur if a vehicle fails to comply with the indication given by the sign. Part 6(3) says this [i]"3. Subject to paragraph 4, the road marking at item 10, when placed in conjunction with an upright sign which includes the symbol at item 12, conveys the prohibition that, subject to the exceptions in paragraph 5, a person driving a vehicle must not cause it to stop on that marking— [/i]

As is clear from the video and the stills taken from it, I did not stop on the markings, did not contravene the s36 markings.


A contravention can only occur if a sign is present, that one is, is not disputed It carries the no stopping roundel as required and the words no stopping on entrance marking along with the times of the restriction.. Again, I did not stop on the markings so did not breach the instruction given by the sign


Regards


etc

This can be tidied up and strengthened for appeal dependent on the response




That's a bit rough and ready but you do not do their job for them. they have it in their head that the whole of the road is restricted, Some adjudicators have agreed, but not when the council use the London local authorities act.


Its a gamble, but one where you are getting pretty good odds
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441914 · Replies: 14 · Views: 119

PASTMYBEST
Posted on: Yesterday, 22:37


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We need to see the PCN and the video
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441904 · Replies: 3 · Views: 29

PASTMYBEST
Posted on: Yesterday, 22:30


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We need to see all of the PCN and the video look at the council website for how to view, copy and post here. Turning right is an exemption
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441899 · Replies: 2 · Views: 33

PASTMYBEST
Posted on: Yesterday, 22:25


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QUOTE (cp8759 @ Wed, 12 Dec 2018 - 22:22) *
QUOTE (DancingDad @ Wed, 12 Dec 2018 - 21:10) *
QUOTE (cp8759 @ Wed, 12 Dec 2018 - 20:35) *
tahrey to be honest the ground explained by PASTMYBEST in post 4 is your best bet.


Don't expect the sheriff to back down.
The plus side (or maybe minus) is that NCC is very likely to go to High Court for a judicial review if they lose on it at adjudication.
Would put a definitive to the challenge.

It's worth adding that if NCC went that far, in the normal course of affairs they would not actually require payment of the penalty.


if my memory serves they have backed off on a couple already
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441896 · Replies: 15 · Views: 217

PASTMYBEST
Posted on: Yesterday, 18:49


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I don't know the answer but it would seem pertinent. If the UK license is revoked is it an offense to drive using the SA or any other license?
  Forum: Speeding and other Criminal Offences · Post Preview: #1441829 · Replies: 10 · Views: 376

PASTMYBEST
Posted on: Yesterday, 18:47


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Nothing wrong with the letter it explains what will happen and when correctly. You can wait for the EN and make formal representations or you can post the PCN so we can check that for errors. Also get and post the video and post a GSV link so we can check out signs and markings

Ask TfL for the traffic management order for the bus lane. There is probably an exemption for entering the bus lane for reasons beyond your control or in an emergency. You will need to prove on the balance of probability that any exemption claimed applies
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441828 · Replies: 6 · Views: 84

PASTMYBEST
Posted on: Yesterday, 18:32


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The next document you receive will be an order for recovery with this there will be a form that allows you to make a witness statement to the effect that you made representations but recieved no reply.


If you do this be aware that making a false statement would render you liable to a fine of up to £5000
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441825 · Replies: 4 · Views: 63

PASTMYBEST
Posted on: Yesterday, 17:42


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QUOTE (Dee1968 @ Wed, 12 Dec 2018 - 17:27) *
QUOTE (PASTMYBEST @ Tue, 11 Dec 2018 - 21:53) *
QUOTE (cp8759 @ Tue, 11 Dec 2018 - 21:04) *
QUOTE (PASTMYBEST @ Tue, 11 Dec 2018 - 18:23) *
You left the pcn and reg details in, so I have had a look. I cannot see a win on the stop being due to traffic emerging from the right , it looks more that you stopped so those cars took advantage

Don't you think there's any mileage in the fact that the OP didn't stop on the markings, but instead stopped in the middle of the road? I was under the impression school markings do not extend to the middle of the road, unlike DYLs.



I do, as I said in my first post in this thread. I'll draft reps tomorrow


Looking at the video do you think it's worth an appeal on the basis that I was stopped in the road and not on the markings? Has anyone ever been successful in this scenario?


Yes it has been successful

2170011082

The allegation on the PCN is that this vehicle 'stopped in a restricted area outside a school . . . . .. . when prohibited'.
The sign indicating the prohibition states 'no stopping . . . . .. on entrance markings'.
The appellant's case is in part that as her vehicle did not stop on entrance markings but in the middle of the road the prohibition as stated on the sign was not contravened.
I accept on the council's online footage of the incident that the appellant's vehicle did not stop on markings.
I agree with the council that the restricted area outside this school covers the whole width of the road including that part of the road that is not marked but this is not made clear on this sign. Although it is compliant it is not I find adequate to indicate the extent of the restricted area and I find for that reason that the contravention has not been proved.


2180063344

This is an appeal on the ground the contravention did not occur.

I have considered all the evidence in this case, including the CCTV.
Mr Ohiowele accepts parking in the location but not on the entrance markings. Having viewed the CCTV it is clear the vehicle is not on the entrance markings but beyond them. The enforcement authority state that this is included in the entrance markings. I do not agree with this proposition. There is no authority relied on by the enforcement authority to support this assertion. There is no doubt if the vehicle had been either side of the markings it would not be on them, it is then not possible for it to be on them when it is beyond them. The Highway Code stipulates 'on the entrance markings'. There is nothing to support the assertion made by the enforcement authority that the restriction continues beyond the scope of the markings themselves and extends to the area behind. If this were the intention the markings should continue or some other restriction ought to be in place.
I am not satisfied the contravention occurred and therefore I allow this appeal.


I will be drafting something later you can then decide
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441819 · Replies: 14 · Views: 119

PASTMYBEST
Posted on: Yesterday, 14:19


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QUOTE (Divingchick @ Wed, 12 Dec 2018 - 13:56) *
QUOTE (PASTMYBEST @ Wed, 12 Dec 2018 - 12:15) *
looks to be a fairly large area, are there any repeaters


I’ve never even noticed them before so had to go looking for them.
The “estate” is a fairly large area but there are two main entrances into the area if you are driving. The signs are quite high up and you are turning off busy road onto busy roads where you really have to watch out for other cars. There are Jon on the quieter streets. I don’t use my car often and mainly enter the area from the train station where I don’t pass any signs.


that could be reason to make reps then, they are not required by TSRGD 2016 but could be required to conform to the obligation to provide clear signage under LATOR 1996
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441750 · Replies: 8 · Views: 144

PASTMYBEST
Posted on: Yesterday, 14:13


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That photo looks like one of the wings to an authorised suspension sign post all the council photos and the back of the PCN also
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441747 · Replies: 10 · Views: 85

PASTMYBEST
Posted on: Yesterday, 14:08


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QUOTE (hcandersen @ Wed, 12 Dec 2018 - 13:56) *
@PMB, no dispute.

My concern is that they have laid out so clearly that they acknowledge receipt of the BB, the law relating to BB and that in conjunction with their statement to have considered I think an objective would say, there you are, they have.

Where we have seen more success with failure to consider is when a point has not been addressed at all, but I don't see this applies here.

'Your comments and mitigation have been considered'



I have a concern as I always do, its not my money It is rare that I advise representations on mitigation only I have often said adjudicators are only human and I see this often in the ways they find to interpret the facts and the law to allow appeals admittedly I have seen the same in refusing them. My biggest concern is that this is only a response to an informal challenge that might be corrected at representation stage


Sapphire Making representations against the NTO is a gamble it does risk the full penalty being due. I would take it but not my money
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441745 · Replies: 19 · Views: 183

PASTMYBEST
Posted on: Yesterday, 13:40


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What HCA says is correct. An adjudicator cannot consider mitigation. What the can consider however do the council comply with 4(2)(b)(ii) of the appeals regs

Representations against notice to owner
4.—(1) The recipient may make representations against a notice to owner to the enforcement authority which served the notice on him.

(2) Any representations under this regulation must—

(a) be made in such form as may be specified by the enforcement authority;

(b) be to either or both of the following effects—

(i) that, in relation to the alleged contravention on account of which the notice to owner was served, one or more of the grounds specified in paragraph (4) applies; or

(ii) that, whether or not any of those grounds apply, there are compelling reasons why, in the particular circumstances of the case, the enforcement authority should cancel the penalty charge and refund any sum paid to it on account of the penalty charge


Adjudicators have found evidence of only a minor error being compelling reason as per this case

218033620A

Mr Damen appeals on behalf of the appellant company.
The Penalty Charge Notice was issued when the appellant’s van was parked in Barnsbury Street. Mr Damen appeals as he states that he had paid to park his van. The appellant provides evidence that he paid £11 to the London Borough of Islington. The payment was recorded against vehicle SL16XVU. The appellant’s vehicle has registration LS16XVU.
In his representation to the local authority Mr Damen stated that he had sent proof that a payment had been made and that by mistake the two letters LS and SL had been swapped. Mr Damen argued that he did not think that he should be fined for this.
The Notice of Rejection states acknowledges that a payment was made but recorded against SL16XVU. The writer states ‘I appreciate that this may have been an unintentional error however this is insufficient grounds to warrant cancellation of the PCN on this occasion.’
In his representations Mr Damen acknowledged that an error was made so it was not disputed that the contravention had occurred. He referred to the payment made and argued that he should not be fined. I find that it is clear that the appellant was relying on mitigation
The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. Regulation 4 (2) allows a representation against a Notice to Owner to be made either on the basis of specific grounds set out in Regulation 4(4) or under Regulation 4(2)(b) ii ‘that whether or not any of those grounds apply there are compelling reasons why in the particular circumstances of the case the enforcement authority should cancel the Penalty Charge Notice and refund any sum paid to it on account of the penalty charge.’
Regulation 5 states that the local authority is under a duty to consider representations made under Regulation 4(2)(b) ii.
One of the grounds of appeal set out in Regulation 4(4) is that there has been a procedural impropriety on the part of the enforcement authority. Procedural impropriety is defined as a failure by the enforcement authority to observe any requirement imposed by the Traffic Management Act 2004 and the Regulations issued under that Act.
In this case I find that the local authority has failed in its duty to consider representations made under Regulation 4(2)(b) ii.. Therefore I find that there has been a procedural impropriety and I allow this appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441733 · Replies: 19 · Views: 183

PASTMYBEST
Posted on: Yesterday, 13:20


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I think you are missing the point of the ruling. In effect it does not matter if land is public or private, it is if the public have unfettered access the right to pass and repass. Obviously in that situation they do.

A TMO is not required for footway parking it is primary legislation
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441728 · Replies: 19 · Views: 265

PASTMYBEST
Posted on: Yesterday, 13:03


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QUOTE (Motor27 @ Wed, 12 Dec 2018 - 13:00) *
This is cheeky, but any chance I could offer paying £32.50 to settle this and take it no further?


No dont be daft. you cannot negotiate a level of penalty. At least not at this level. And even at this early starting point you have to aim everything at the adjudicator
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441722 · Replies: 22 · Views: 208

PASTMYBEST
Posted on: Yesterday, 13:00


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This case is very relevant in these circumstances.


https://www.londontribunals.gov.uk/sites/de...n%20refused.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441720 · Replies: 19 · Views: 265

PASTMYBEST
Posted on: Yesterday, 12:55


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QUOTE (Motor27 @ Wed, 12 Dec 2018 - 12:51) *
LATEST DRAFT:

To whom it may concern,
I am contesting the above Penalty Charge Notice as I believe no contravention occurred.

Ground 1, The alleged contravention did not occur:
I submit the de minimis principle applies, the issue with such timing is the difference in time displayed on the CCTV system and the time displayed on the clock used by the recipient. In this case, the clock in the car (that syncs to the accurate time broadcast by radio stations) showed 19:00 and the recipient recalls hearing the news broadcast on the radio (usually broadcast on the hour and at half past); the time at which the restrictions end. The recipient does recall entering the bus lane at a time they believed the restrictions had just ended and took reasonable steps to ensure this was correct.
While previous decisions by adjudicators are not binding for other cases, I ask you to consider the case of Mohamed Byanouni v London Borough of Barnet (case reference 218015398A). The adjudicator states “I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second”
I request calibration certificates of the device used to capture the image, any available information from the manufacturer of the device in regards to accuracy of the time-keeping function, and information on any procedures in place to keep the time accurate on the device.

If all of these cannot be provided, I request the PCN be cancelled immediately. I thank you in advance for your endeavours.


looks fine
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441717 · Replies: 22 · Views: 208

PASTMYBEST
Posted on: Yesterday, 12:54


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QUOTE (Sapphire40 @ Wed, 12 Dec 2018 - 12:49) *
Yes I am the registered keeper and the address is correct on the v5c



post the back of the PCN then sit tight. I always advise people to save the cost of a cup of coffee a week from now until this is resolved. If you win you have saved the cost of a meal out or if you lose you will not miss it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441715 · Replies: 19 · Views: 183

PASTMYBEST
Posted on: Yesterday, 12:42


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QUOTE (Sapphire40 @ Wed, 12 Dec 2018 - 12:27) *
Thank you. It says to wait 28 days for it.


That's right its the law they cannot serve before then. Are you the registered keeper and is the address on the v5c correct
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441705 · Replies: 19 · Views: 183

PASTMYBEST
Posted on: Yesterday, 12:39


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QUOTE (Motor27 @ Wed, 12 Dec 2018 - 12:27) *
LATEST DRAFT:

To whom it may concern,
I am contesting the above Penalty Charge Notice as I believe no contravention occurred.

Ground 1, The alleged contravention did not occur:
I submit the de minimis principle applies, the issue with such timing is the difference in time displayed on the CCTV system and the time displayed on the clock used by the recipient. In this case, the clock in the car (that syncs to the accurate time broadcast by radio stations) showed 19:00 and the recipient recalls hearing the news broadcast on the radio (usually broadcast on the hour and at half past); the time at which the restrictions end. The recipient does recall entering the bus lane at a time they believed the restrictions had just ended and took reasonable steps to ensure this was correct.
While previous decisions by adjudicators are not binding for other cases, I ask you to consider the case of Mohamed Byanouni v London Borough of Barnet (case reference 218015398A). The adjudicator states “I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second”
Manufacturers of similar devices state that devices are not 100% accurate for the purposes of timekeeping. I request calibration certificates of the device used to capture the image, any available information from the manufacturer of the device in regards to accuracy of the time-keeping function, and information on any procedures in place to keep the time accurate on the device.

If all of these cannot be provided, I request the PCN be cancelled immediately. I thank you in advance for your endeavours.

QUOTE (stamfordman @ Wed, 12 Dec 2018 - 12:19) *
Needs to be written in clearer English - but I'm going out to an Xmas party so no can do just now.


Thank you for the offer, there's a good few days left to appeal


one last bit in red to remove and a bit in purple I have amended. It is an informal challenge so all you need do is set the groundworks The reason for challenge and asking the council for evidence. It is almost certain they will reject. but then again it is xmas. And the manner of rejection can be helpful also
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441703 · Replies: 22 · Views: 208

PASTMYBEST
Posted on: Yesterday, 12:30


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QUOTE (obwan1212 @ Wed, 12 Dec 2018 - 10:27) *
Hi all, appeal lodged, date set for January and I've said I will attend.


the tribunal will give you a date by which you must submit your evidence, let us know what it is when you get it
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441701 · Replies: 14 · Views: 351

PASTMYBEST
Posted on: Yesterday, 12:24


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QUOTE (Sapphire40 @ Wed, 12 Dec 2018 - 12:20) *
https://ibb.co/ncNB9fq


Thank you for your replies, what would be best to say in the notice of owner?


When you get it one of us will draft something for you. It will be along the lines of the councils duty to consider other compelling reasons
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441698 · Replies: 19 · Views: 183

PASTMYBEST
Posted on: Yesterday, 12:22


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QUOTE (Motor27 @ Wed, 12 Dec 2018 - 12:16) *
Thank you everyone, how's this?

To whom it may concern,
I am contesting the above Penalty Charge Notice as I believe no contravention occurred.

Ground 1, The alleged contravention did not occur:
While the de minimis principle applies, the issue with such timing is the difference in time displayed on the CCTV system and the time displayed on the clock used by the recipient. In this case, the clock in the car (that syncs to the accurate time broadcast by radio stations) showed 19:00 and the recipient recalls hearing the news broadcast on the radio (usually broadcast on the hour and at half past); the time at which the restrictions end. The recipient does recall entering the bus lane at a time they believed the restrictions had just ended and took reasonable steps to ensure this was correct.
While previous decisions by adjudicators are not binding for other cases, I ask you to consider the case of Mohamed Byanouni v London Borough of Barnet (case reference 218015398A). While, in this case the difference in time was even smaller, it does state “I find that the alleged contravention did not occur. There must be some application of common sense. Motorists cannot all be expected to wear time pieces calibrated to the exact second”
Manufacturers of similar devices state that devices are not 100% accurate for the purposes of timekeeping. I request calibration certificates of the device used to capture the image, any available information from the manufacturer of the device in regards to accuracy of the time-keeping function, and information on any procedures in place to keep the time accurate on the device.

If all of these cannot be provided, I request the PCN be cancelled immediately. I thank you in advance for your endeavours.


More red. Do not give them anything to grab hold of and say, ah but
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441696 · Replies: 22 · Views: 208

PASTMYBEST
Posted on: Yesterday, 12:18


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No evidence of consideration, other than they said so. A template response if ever one was used. I would carry on
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1441693 · Replies: 19 · Views: 183

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