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hcandersen
Posted on: Today, 07:42


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The evidence as per the OP's account:

I filled in the V5C details when I bought and taxed the vehicle in March 2018.

However the registration documents never came through the post.

Unfortunately with the upheaval of moving and personal circumstances (issues with a business venture), meant I did not follow up with tracking down the reg documents and updating address details.

So, 10 months and counting.....
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453381 · Replies: 13 · Views: 214

hcandersen
Posted on: Yesterday, 22:59


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@DD, and why would TEC accept an OOT from someone who, in their minds, deliberately failed to register their car ...in order to avoid being pursued by the state. It is axiomatic that the notices were not sent to the OP, they were deliberately keeping their head down to avoid being served!

IMO, to whom the notices were sent is past history. They'll be asking TEC to agree to allow a late submission against a background of a deliberate and continuing attempt to avoid being pursued by the state.

I cannot see any prospect of success, only increased costs.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453350 · Replies: 13 · Views: 214

hcandersen
Posted on: Yesterday, 22:46


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There's not photos included in the notice could I angle for lack of evidence?


And you still think I was quick off the mark?

You made no mention in your first post of 'half a wheel', your word was 'partially'. So why would you want to angle for lack of evidence when now your position should be that you wish there was evidence...to support your claim of 'half a wheel'?

Because you drove off, you have a postal PCN. The discount is available. The authority do not obligate themselves to re-offer the discount in the event of unsuccessful reps.

Unless other posters know that the probability is that they would, I stand by my earlier advice to pay the discount, however unpalatable and apparently unhelpful this might be. We're dealing with optimum outcomes, not wishful thinking. You have no evidence that supports your claim of de minimis and given that you drove off and, according to you, the CEO did not ( have time to) take photos, then there's not a snowball's chance in hell that an adjudicator would accept your claim.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453347 · Replies: 21 · Views: 281

hcandersen
Posted on: Yesterday, 11:41


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OP, you posted:

I seem to be making myself quite the collection of tickets :/
I was dropping my niece to school and stopped for all of 3 minutes to let her out and say goodbyes...
so I just shot off. Not my finest hour but I've gotten fed up with this pcn malarkey.


So, you're not a PCN virgin; you have an antipathy towards councils/authorities trying to enforce restrictions which, on the basis of your collection, your deliberately and often contravene. Lucky we don't apply the legal doctrine of 'clean hands'!

Or have I got this wrong?

Unless the discount would be re-offered in the event of unsuccessful reps or that a silver bullet reveals itself, you might consider paying the discount.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453129 · Replies: 21 · Views: 281

hcandersen
Posted on: Yesterday, 11:30


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OP, you have no defence against driving an unregistered car for 10 months. This is illegal. It is your responsibility to register your car which, in the event of missing confirmation from DVLA, includes YOU chasing them. The obligation is yours. What baffles me, in as much as you know it's not registered, and what would appal those to whom you would submit an OOT, is that you allowed this to persist for so long. They would not be charitable: you allowing the vehicle to be unregistered would be seen as an act of commission, not omission.

Sorry, but there it is.

Pay now and avoid towing charges.

Review later when all agencies are contactable.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453125 · Replies: 13 · Views: 214

hcandersen
Posted on: Yesterday, 11:18


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I think you have an arguable case at least at the informal stage PROVIDING you ask the right questions.

IMO Dawood has grown and been misinterpreted in many cases, this is not an evident parallel with those circumstances.

If the authority want to enforce then they must show that the area is part of a road. In the Dawood case the area in question formed an incursion into the footway area, but here the grassed area is clearly separate: you don't walk on it making your way from A to B on the footway.

Indicators:
Street lamps
Trees and grass - if these were planted and maintained by the council, then they would have a legitimate claim.

But bear in mind, if it's not highway then by your actions you are damaging someone's private property. How would you like it if it was your front lawn? You park there thinking it's repairable at someone else's expense, providing it's not yours. Anyway, this isn't about whether your parking is irresponsible, it's about parking regulations. (it might even be that the owners of the land have complained to the council?)

IMO, the key point as regards interpretation is whether in order to be classified as a 'property boundary' this has to be a building or other edifice? I don't think so, the property line could be argued to be the back of the footway which is contiguous with the grassed area which forms part of private property.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453120 · Replies: 6 · Views: 121

hcandersen
Posted on: Yesterday, 09:45


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The bad news is .....they want £60.

The good news is...they want £60.

So as it stands you make reps and if necessary have access to adjudication at no additional cost.

You have you substantive arguments regarding the contravention e.g. they are seeking to enforce a penalty in respect of a failure to comply with a condition of use of whose existence any user of the car park would be unaware because it (along with most other conditions of use) is not conveyed at the location, the council preferring instead simply to misrefer to the car park regulations etc, and their disregard for compliance with legal requirements extends to the improper wording of their NTO, giving the two examples identified ...
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453100 · Replies: 50 · Views: 1,154

hcandersen
Posted on: Yesterday, 09:00


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The way I see it:

Car being clamped for outstanding road traffic contravention is unusual, normally enforcement agents are able to track down a vehicle to an address and serve papers at those premises.

You posted:
did not receive any of the penalty charge notices as for a number of reasons, moving, business etc DVLA did not have my current address

and that the events took place in July 2018.

The combination of the above strongly suggests that you had failed to update 'your' V5C at the date of the contravention AND that it's probably still not up to date. IMO, your history affects what actions you should take.


Were you the owner of the vehicle on the date of the contravention?
When did your V5C details lapse and when did you update?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1453089 · Replies: 13 · Views: 214

hcandersen
Posted on: Fri, 18 Jan 2019 - 15:00


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peterguk, you beat me too it!

Just to be clear, your car stopped beyond your control or it was showing signs of distress, perhaps a warning light was on showing a battery, which could simply mean it was discharging and not necessarily be related to the condition of the battery. Fortuitously you stopped outside a battery shop/garage, perhaps indicating an intelligent car which had diagnosed its own fault and determined how this could be repaired or, as the authority clearly believe, by your action because your intention all along had been to visit the garage.

Anyway, when you stopped and couldn't start you did what? Phoned AA/RAC, secured the car and went in to the shop? And then what? You refer to the supply and fitting of a battery, so when did they attend to you and how long did it take to diagnose, check stocks, disconnect and fit a new battery?

It was indeed unfortunate that despite being stationary for some time during which you were at the vehicle the CEO appeared as you were away from the car in the shop.

Because your account is incomplete, it has failed to convince the council. If you fight on the basis of the contravention not occurring, then you would need to strengthen your argument considerably.

But there might be technical and procedural issues which we need to look at, so pl post the PCN and any photos. Also your challenge and their response correspondence, not extracts.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452880 · Replies: 6 · Views: 121

hcandersen
Posted on: Fri, 18 Jan 2019 - 11:42


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The problems being:

It's not risk free, the OP would incur costs;
A DJ is likely to ask for how long has this been an issue, after all misdelivered mail would inevitably generate other direct contact between the parties e.g. customers, bank, suppliers etc. Or does it only occur with 'official' documents and only since the PCN was issued?

And if this has a history, what had the OP or their neighbour done about matters? Where is the record of complaints to the Royal Mail?


So, you would have a DJ. The authority would claim that all notices were addressed as required and this appears to be accepted. So the culprit is RM. And where is the complaint? Even now as far as I know the OP has not complained to RM, but if you don't then forget risking a N244. And RM's response is? But you don't have a response, and what would you expect the DJ to do, just accept matters, even with your neighbour's statement - which if normal rules of evidence apply might not even be accepted unless made with the required statement of truth, which of course carries potential criminal sanctions if made falsely.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452782 · Replies: 60 · Views: 758

hcandersen
Posted on: Fri, 18 Jan 2019 - 11:30


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I know MMV's point but with respect IMO it confuses council policy with parking legislation.

Council decide to issue a PERMIT to a unique user.

That the user is the holder of a BB which is one of the criteria or the only criterion for being eligible for the permit is not a parking issue, it's a council one.

The parking issue is how to indicate the restriction that the bay is for the use of a unique permit holder.

Easy, peasy..erect a permit holder's sign with the unique permit identifier.

But they haven't, they've included the wheelchair logo.

OP, IMO you start with what YOU did and why. Head on.

I saw the parking place and sign and noticed the blue wheelchair symbol which, according to my Blue Badges booklet, means:

‘On-street’ disabled parking bays (Signs have a blue wheelchair symbol).
The sign carries the meaning that You may park for free. Unless signs say otherwise, you may park without time limit.
You must display the Blue Badge (and the blue parking clock if the bay is time limited).


I noticed that it was not time limited. I also noticed other references in the sign to a permit, but thought this might have been a local reference to a blue badge. In any event, I did not believe, and even after the fact do not believe, that the 'blue wheelchair symbol' and it's meaning may be amended or overridden in this manner and parked and displayed my blue badge accordingly.

No dancing around, put your side front and centre (can a side be front and centre? Anyway, moving on). Then set out your grounds as you've done.


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452775 · Replies: 26 · Views: 484

hcandersen
Posted on: Fri, 18 Jan 2019 - 10:21


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By whom, the council or an adjudicator?

And the probabilities?

And given the absolute nature of the contravention?

And the fact that the full penalty would be in play?

Thankfully you don't have to make the decision to risk a NTO now.

OP, by all means challenge (sorry, won't do it again, first time offender, if true) within the first 14 days (no later than 28th) because it's risk-free. At least it buys time for considered reflection on the matter.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452747 · Replies: 9 · Views: 169

hcandersen
Posted on: Fri, 18 Jan 2019 - 10:15


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OP, the law is clear.

Pavements are for walking and the logic for extending the restriction to this area is clear: there are drivers around who think that just because they cannot park on the carriageway won't stop them, they'll park on the pavement instead. And with such motorists on the loose it is of course necessary to extend the restriction to the footway in order to avoid the nonsensical situation where the carriageway is clear but the footway's like a car park.

But leaving aside motorists, pedestrians have a right to travel the Queen's highway on foot without hindrance and that there isn't an enforceable contravention available to councils to ensure this in all cases (without converting every inch of carriageway into a no parking area) is currently under review.

You have no defence against the contravention. Mitigation is your best bet and your chances would not be enhanced if you challenged with an 'attitude'. C'est la vie.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452745 · Replies: 16 · Views: 283

hcandersen
Posted on: Fri, 18 Jan 2019 - 08:55


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Firstly a couple of things I wanted to note was the yellow lines are broken therefore I assume this is invalid? Wrong. You knew there were DYL, you said so. They're in very good condition considering the road surface looks like it's granite setts.

The parking officer could argue that I was causing obstruction however, the ticket issued was for 'Parked in a restricted street during prescribed hours'. Obstruction isn't a consideration in this matter.

The parking offense stated on the ticket did not occur as there are no signs at all with any prohibited parking times, let alone no parking. See below.

Furthermore, the traffic officer observed the car for 3 mins. Is this enough time for them to start issuing a ticket? Yes.

The main reason I would like to appeal the ticket was for the yellow lines being invalid and no signs around on the street to support this. None needed, you should bone up on your Highway Code traffic signs.

As you are not the registered keeper, the NTO would be sent to the lease company. They might choose to pay AND charge you for the privelege - all under your lease contract and nothing to do with parking.

Your objective should therefore be to get the matter resolved pre-NTO.

SO, start with posting the PCN, both sides, delete only VRM and PCN number.

This process is time sensitive so........
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452721 · Replies: 4 · Views: 218

hcandersen
Posted on: Thu, 17 Jan 2019 - 16:36


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Clearly, from a legal perspective I was wrong, but can anyone enlighten me as to the logic behind it?

Logic as in why when there are yellow lines and none (but see below) when there are not: there is none. A footway is a footway and pedestrians couldn't give a fig whether waiting on the carriageway is restricted or not, because that's not where they're walking, is it!

A word to the wise, in Greater London parking on the pavement at any time is a contravention, irrespective of carriageway markings. Councils country-wide are pressing for this to be extended nationally otherwise they're powerless to stop parking on the footway other than when there are yellow lines.

Some authorities have been known to issue PCNs when there are on-street parking places using the pretext of parking beyond the markings, so be wary.

And of course the police could issue a FPN if they caught you.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452479 · Replies: 16 · Views: 283

hcandersen
Posted on: Thu, 17 Jan 2019 - 16:26


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But usually its a quick pickup and go.


Your Fish Friday is a Chicken Wing Wednesday i.e. is this a regular/frequent event?

If you regularly park here then we must know, it works in your favour i.e. she's normally standing there smelling of chicken nuggets and breadcrumbs, but on the day in question....
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452470 · Replies: 26 · Views: 506

hcandersen
Posted on: Thu, 17 Jan 2019 - 10:58


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OP, the motorcycle theory test includes road signs, including those related to parking whose meaning and extent is set out clearly i.e. includes verges and pavement.

How did the system leave you exposed with indufficient knowledge?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452386 · Replies: 16 · Views: 283

hcandersen
Posted on: Thu, 17 Jan 2019 - 10:45


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The phone is the devil's instrument. You should confirm in writing.

Email TfL, cc Equita, so everyone has a written record.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452384 · Replies: 9 · Views: 182

hcandersen
Posted on: Thu, 17 Jan 2019 - 10:40


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The issue of only 'one' informal is not as clear cut as portrayed.

The implicit meaning, and one which I am confident would be ascribed by an adj, is a valid challenge: an authority has no obligation to consider mere repetitions of points previously raised. But if you do raise a fresh point then the obligation remains. But much better to show they haven't than to argue that they wouldn't.

OP, and how did your wife get to the take-away?
And who is the person in 'was told she was not ready' - clearly not your wife.
And is the take-away Huckleberry Chicken?
And at 7.15 aren't there unrestricted parking places right outside?
And don't the SYL restrictions end at 7pm.
If so, why would you arrange to meet on DYL round the corner? (whether in reality you had to is not my point, why would you have pre-arranged to meet where parking was restricted? )

What we do know is that you were parked on DYL. They have offered to give further consideration to your challenge subject to you providing relevant information no later than 17th, today. Not unreasonable on their part.

Your assertions are as you've written. Your evidence comprises an untimed transaction at a shop on that day and a claim to have arranged to meet where parking is restricted instead of the more obvious unrestricted locations closer to the shop, assuming I've identified the one concerned.



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452383 · Replies: 26 · Views: 506

hcandersen
Posted on: Wed, 16 Jan 2019 - 15:49


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How does this assist the OP as regards the parking contravention and their N244 dilemma?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452163 · Replies: 60 · Views: 758

hcandersen
Posted on: Wed, 16 Jan 2019 - 12:24


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OP, where is the TRO which they've supplied?

I can see your references to the summary and your take on the order.

But where is it?

Irrespectve of the construction which an adj might place on its wording, they must have some wording to go on. For this purpose it is irrelevant what they provided before, where is the TRO in their evidence?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452033 · Replies: 89 · Views: 2,909

hcandersen
Posted on: Wed, 16 Jan 2019 - 11:56


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PCN - not a demand for payment, merely advice to the motorist that a penalty is payable which unless paid or successfully challenged would be demanded of the owner. 28 daysish allowed.

NTO - the demand for payment which unless successfully challenged or paid may be pursued. 28 daysish allowed. This allows owner to assemble and assess the evidence and compile reps.

NOA/NOR - within 56 days of receipt of any representations. This allows authority time to consider the reps and CEO's evidence.

Appeal - to be registered within 28 daysish.

It's a simple process which allows time for all parties to act in a considered way. Some might feel it drags. C'est la vie.

To paraphrase Incandescent, weight of evidence refers to quality and clarity of the arguments, not how many pages of A4 submitted.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452015 · Replies: 54 · Views: 1,161

hcandersen
Posted on: Wed, 16 Jan 2019 - 09:12


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They're not CMC Laminates are they.

It's not all the letters that count. Does he have the NTO and Order for Recovery or, in addition to 'putting them in a drawer, has he now thrown them away.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451952 · Replies: 60 · Views: 758

hcandersen
Posted on: Wed, 16 Jan 2019 - 09:08


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Discount period ends tomorrow.

On the basis of what we know, I'd pay it.

At present we seem to be inventing a menu of possible lines of defence when there is no evidence in your account that you have clearly stated that any apply or made representations to this effect.

If you are prepared to sign statements of truth to the effect that by pre-arrangement you expected your wife to be at the corner then you could try this at adjudication.

You know the truth, we don't?

Your choice.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451951 · Replies: 26 · Views: 506

hcandersen
Posted on: Wed, 16 Jan 2019 - 08:21


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From: Woking
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OP, pl don't write what you think we want to hear or embellish what actually happened.

For example, you wrote:
when i went to my car on the 28/11/2018 (which i believe was in the late morning) i noted multiple cars were still parked in the residents' bays. I checked if there was a ticket on my car and there was none. I also checked multiple other cars in the same bay and no tickets were attached to any of the cars. There was no signage in the bay

And if there was no signage and no PCN on your car then checking 'multiple other cars' is something you've tacked on to the events. You don't regularly check other cars for PCNs when you park or return to your car when there's no reason to do so, do you!

Anyway, you have a NTO issued 2 Jan. You must make reps no later than 31 Jan. If you regularly let you mail go unattended for 2 weeks, then the enforcement process could cause you severe financial problems.

The NTO is shocking. They may as well have included 4 pictures of your car in the grounds of Buckingham Palace for all the good the photos are at establishing that:
There was a restriction;
It's extent, both geographical and date;
That you were captured by this and in contravention.

As per cp, get all the photos - should be online.

Do not forget 31st deadline.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451936 · Replies: 2 · Views: 61

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