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Incandescent
Posted on: Today, 16:23


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The review has not yet been completed, but from what TfL say, your vehicle is not exempt based on the DVLA records. So expect a refusal to cancel. I'm not sure what you can do once a decision is made on 10th October.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419310 · Replies: 40 · Views: 1,149

Incandescent
Posted on: Today, 16:09


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It's the notorious Oxford Road bus gate yet again ! Quite a few appeals have succeeded in this location based on totally inadequate signing. However success at adjudication is never guaranteed, so if you can tell us your route it would be helpful.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419304 · Replies: 1 · Views: 19

Incandescent
Posted on: Yesterday, 21:22


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Pictures show you're bang-to-rights. Parking and going shopping then loading it up is not "loading". Frankly, you're going to get a lot more PCNs if you continue in this way.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419066 · Replies: 8 · Views: 128

Incandescent
Posted on: Yesterday, 17:54


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Essentially you are bang-to-rights. As far as I can see you parked on double-yellow lines that apply 24x7. Or are there single-yellow lines where the skip is ? These are timed (days hours), so we need to know what is there. What procedural grounds do you think might apply as we're only at the PCN stage at the moment ? Appeals have been won because councils have cocked-up their responses to representations; these are procedural improprieties, but we're not there yet.
First off, if you want to fight it, you need to submit a challenge to the PCN within the 14 day discount period. If (when) they reject these further advice can be given. and you'll still be able to pay the discount if you want to.

However this looks a fairly clear case and difficult to rebut unless you can tell us more.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1419017 · Replies: 5 · Views: 62

Incandescent
Posted on: Sat, 22 Sep 2018 - 18:36


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I think OP needs to contact local councillors, as before the yellow lines and CPZ, parking would have been banned under the long-standing London off-carriaegway parking ban. Clearly this was not enforced, but now the yellow lines and CEOs ever anxious to pounce to make their PCN quota, it becomes an issue. There is surely no harm done by owners parking their cars there, no doubt because there is more than one car per house nowadays.
  Forum: The Flame Pit · Post Preview: #1418861 · Replies: 19 · Views: 316

Incandescent
Posted on: Sat, 22 Sep 2018 - 17:11


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Certainly a large number of councils game the system. They rely on the 50% reduction for early payment of PCNs to get their ill-gotten dosh as most people are reluctant to give up the discount option, so don't take matters beyond an initial challenge.
  Forum: The Flame Pit · Post Preview: #1418839 · Replies: 6 · Views: 305

Incandescent
Posted on: Sat, 22 Sep 2018 - 08:18


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They MUST send the PCN on the date of the PCN, and by 1st Class post. You need to check this, but if it is a mail delay, tough sh*t, I'm afraid,
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418762 · Replies: 2 · Views: 77

Incandescent
Posted on: Sat, 22 Sep 2018 - 08:15


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QUOTE (bavarianhippo @ Sat, 22 Sep 2018 - 01:46) *
Hi folks!

Bit of a query, I was reading on another thread about the 28 days allowed for payment and if the date falls on a weekend, more time should be allowed.

Can you tell me please, does this apply to the PCN posted below?

[attachment=58210:PCN.pdf]

Not at all, it is 28 calendar days from date of contravention. As most councils accept e-payments, most people can pay on any day of the week. Presumably you accept the penalty and have no complaints ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418761 · Replies: 6 · Views: 111

Incandescent
Posted on: Fri, 21 Sep 2018 - 19:30


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QUOTE (NewJudge @ Fri, 21 Sep 2018 - 13:34) *
QUOTE (ian505050 @ Fri, 21 Sep 2018 - 12:24) *
Its also very annoying that they withhold the evidence meaning that unless you have a recording of everything you did in the past the you are more than likely to accept punishment for crimes/offences you did not commit.

I believe that is the wrong way to look at it. The course/fixed penalty system is a way for those who know they have offended to have the matter disposed of without court action. The savings made by short-circuiting the system are shared - cheaper for you (considerably), cheaper for them. Those (like you) who believe they are innocent can simply opt for a court hearing. In this particular case you didn't even have to go to that trouble. An informal approach led to the matter being resolved.

If the police had to go to the trouble (and expense) of disclosing their evidence before a driver had to decide whether or not to accept an out-of-court disposal there would be far less saving to be made and would inevitably push up the cost of courses and FPs.

"can simply opt for a court hearing". Yeah, right, and risk whacking out £1000 because the magistrates always believe the police and are always in a hurry to get finished for the day. It's a bit like the plea bargaining system in the US isn't it ? "plead guilty and you'll get 2 years, but if you take it all the way, and get found guilty its 20 years without parole"
The plain fact is that as far as motoring offences go, we just have a capricious punishment dispensing system, not a justice system

QUOTE (NewJudge @ Fri, 21 Sep 2018 - 17:30) *
QUOTE (ian505050 @ Fri, 21 Sep 2018 - 13:55) *
I thought one of the main principles of the police is Justice.

No. The police detect and prosecute people whom they believe to be offenders (or sometimes offer them fixed penalties or courses as an alternative). Justice is a matter for the courts (hence your choice to go there if you are offered an alternative penalty but believe you are innocent). I believe you should work on the basis that if you are suspected of committing a criminal offence you will be called to court - and this will lead to all the hassle and inconveniences that you describe. If you are offered a more convenient alternative you should see this as a bonus but if innocent people choose to accept out of court disposals for expediency that's their choice.

The voice of Oppression speaks !
  Forum: Speeding and other Criminal Offences · Post Preview: #1418711 · Replies: 44 · Views: 1,711

Incandescent
Posted on: Fri, 21 Sep 2018 - 17:20


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QUOTE (Luff84 @ Fri, 21 Sep 2018 - 18:07) *
QUOTE (Incandescent @ Fri, 21 Sep 2018 - 17:52) *
And yet another driver that thinks yellow lines apply only to the carriageway ! You are absolutely bang-to-rights, the only surprise is you have got away with it for so long. Double-yellow lines apply 24x7 and require no signs.

The only positive thing to say here, is having got away with it for so long you can appeal on "legitimate expectation" having not received a PCN for many previous parking sessions. However, be aware that councils don't accept this argument, so you'd have to take them to adjudication and put the full PCN penalty into play, the discount option is lost. You would have to provide some sort of proof of regular parking to the adjudicator. Of course if you win, you can no longer park there, as you will no longer have any expectation of parking. In fact, you need to cease parking there now, as subsequent PCNs to this first one can't be appealed on this argument.

The only other avenue for appeals is to find a fatal error of content in the PCN, so please post it here, all sides, with PCN Number and car details blanked-out.


Thanks for the reply, so the yellow lines apply to the area near them as well, something i didn't know especially as, like i say, i have been parking there for so long! I think i'll try my luck anyway and see how far i get if not successful then i think i have saved more than the £35 on parking charges over the last couple of years so not too bad i suppose

Let's see that PCN. The law defines the content of a PCN, (the words "must contain"), so if any one of the list is missing the PCN is void and an adjudicator "must" allow the appeal.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418694 · Replies: 5 · Views: 99

Incandescent
Posted on: Fri, 21 Sep 2018 - 16:58


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£30 may seem a lot, but it's double in London ! Manchester today is a real maze of traps for the motorist designed to keep you out. Stick to the tram if you possibly can. If the video shows minimal intrusion you might get a positive result at the Traffic Penalty Tribunal, but its not guaranteed, and you'd have to risk the full PCN £60. When we see the video, better advice can be given.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418690 · Replies: 6 · Views: 128

Incandescent
Posted on: Fri, 21 Sep 2018 - 16:52


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And yet another driver that thinks yellow lines apply only to the carriageway ! You are absolutely bang-to-rights, the only surprise is you have got away with it for so long. Double-yellow lines apply 24x7 and require no signs.

The only positive thing to say here, is having got away with it for so long you can appeal on "legitimate expectation" having not received a PCN for many previous parking sessions. However, be aware that councils don't accept this argument, so you'd have to take them to adjudication and put the full PCN penalty into play, the discount option is lost. You would have to provide some sort of proof of regular parking to the adjudicator. Of course if you win, you can no longer park there, as you will no longer have any expectation of parking. In fact, you need to cease parking there now, as subsequent PCNs to this first one can't be appealed on this argument.

The only other avenue for appeals is to find a fatal error of content in the PCN, so please post it here, all sides, with PCN Number and car details blanked-out.



  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418687 · Replies: 5 · Views: 99

Incandescent
Posted on: Fri, 21 Sep 2018 - 11:34


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To advise further we need to see the video, and also the PCN. At the moment, the best option seems to be paying the discount, unless you can tell us more, plus post the video and PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418596 · Replies: 8 · Views: 104

Incandescent
Posted on: Fri, 21 Sep 2018 - 10:43


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QUOTE (stamfordman @ Fri, 21 Sep 2018 - 10:21) *
Can't possibly tell without seeing the video. Do you have it?

+1
Presumably you are aware that London councils do not allow motorcycles in bus lanes ? This includes mopeds. Only appeal arguments that work with bus lane contraventions are (1) poor/missing signage, and (2) de minimis - only being in the bus lane to a minimal extent. Other than that, sometimes the PCN itself contains fatal errors of content making it void. Councils never accept any of these, so you have to go to London Tribunals for a decision and risk the full PCN penalty. Most people never do this, so councils dine out on the result. Clearly the traffic management benefit of whalloping you on a moped is minimal, it is all about the cash, especially when one knows Transport for London allow motorcycles into their bus lanes. It's a Dog's Breakfast in London basically.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418582 · Replies: 8 · Views: 104

Incandescent
Posted on: Thu, 20 Sep 2018 - 20:18


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Your first pic shows a sign for a traffic restriction 25 yds ahead, but your next pic of the signs themselves they are too far away to read the text, but there is a ban on cars and motorbikes of some kind. Not sure what you're trying to show on the next pic of a No Entry sign, or the one after, of a bus.
The next pic shows Bus Gate signs in the distance by the bus, as does the next pic, then there is a pic of the signs much closer with what looks like a time plate to indicate when the bus gate is operational as does the next photo.

We need to know what the first traffic restriction sign shows.

Looking at this it seems to be a devious trap designed to make money, because there is no obvious way to reverse direction on seeing the bus gate signs, as the street is one-way, and no advance warning of the signs at a point where the motorist could reverse direction, or turn off. However it is probably down to bovine incompetence, but this never stops them making money !

If it were me, I'd take them all the way to adjudication, but you'd have to risk the full PCN amount and lose the discount. The signage is typically poor as we have seen so often.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418432 · Replies: 3 · Views: 100

Incandescent
Posted on: Thu, 20 Sep 2018 - 19:50


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Not quite a scam, (or not yet, anyway), more a cold-call from a claims management company seeking more business.
  Forum: The Flame Pit · Post Preview: #1418417 · Replies: 11 · Views: 318

Incandescent
Posted on: Thu, 20 Sep 2018 - 15:01


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If your father is the keeper on the V5C then he is responsible for the PCNs (payment or appeal), and for payment if an appeal is lost. If there are no credible appeal arguments, best to pay the discount, I reckon.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418372 · Replies: 8 · Views: 143

Incandescent
Posted on: Wed, 19 Sep 2018 - 17:22


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Well done !
Make sure you don't get caught out again. Best to set up an auto top-up account if you use the crossing regularly, I reckon.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418123 · Replies: 7 · Views: 112

Incandescent
Posted on: Wed, 19 Sep 2018 - 12:24


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QUOTE (lashes1984 @ Wed, 19 Sep 2018 - 12:14) *
Have you checked online to see how much is outstanding against this PCN. I wouldn’t assume that they decided not to pursue it, it could be that they’ve sent a notice and you just haven’t received it.

Have a look online to see the status and current amount outstanding.

+1
Never, ever, assume anything with these things ! You need to make checks, because if you ignore you could end up with bailiffs at your door. Have you moved since the incident ? All enforcement documents are sent to the V5 address as it was when the PCN was first issued.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418043 · Replies: 15 · Views: 591

Incandescent
Posted on: Wed, 19 Sep 2018 - 12:17


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I make it between 3 and 4 seconds stopped, so well within a de minimis case. However councils never accept de minimis, (they want your money !!), so you'd have to take it to London Tribunals for a result with the full PCN penalty in play.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418037 · Replies: 11 · Views: 299

Incandescent
Posted on: Wed, 19 Sep 2018 - 12:09


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QUOTE
An issue I had was that letters were sent to my old address but I won't be using that as an excuse, it just made things a little harder.

Presumably because you had not updated your V5 following a house move, yes ?

All forum experience of DART is that they are probably the best enforcement authority in the UK, and not at all venal and rapacious like so many councils. Why not have auto-top-up in place ? Like PMB says, you could lay it all out on their Twitter account, but I can't seeing them giving way at this very late stage., but no harm in trying.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1418033 · Replies: 2 · Views: 57

Incandescent
Posted on: Wed, 19 Sep 2018 - 07:30


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QUOTE (cp8759 @ Wed, 19 Sep 2018 - 07:46) *
Dart charge are known for being very reasonable, try giving them a call and see what they say.

+1

And why might the agents have had the wrong address ? Issue of all the enforcement documents including the original PCN is sent to the address on your V5C for the vehicle. Is this up-to-date ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417917 · Replies: 7 · Views: 112

Incandescent
Posted on: Tue, 18 Sep 2018 - 18:12


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Raise an official complaint with Brighton council at their failure to answer your question re the parking bay. I'd be interested to see what prestidigitation they employ in their answer..

Raise an official complaint with Brighton council at their failure to answer your question re the parking bay. I'd be interested to see what prestidigitation they employ in their answer..
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417778 · Replies: 10 · Views: 459

Incandescent
Posted on: Tue, 18 Sep 2018 - 14:27


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1. Bank holidays are not exempt from parking or any other road restrictions unless stated on the signs
2. 28 days are allowed to issue a postal PCN
3. Code for the contravention is not a legal requirement

So nothing to base an appeal on, but if you tell use more about the circumstances, there might be something, but thinking Bank Holidays are exempt is not a winner, sorry.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417692 · Replies: 4 · Views: 105

Incandescent
Posted on: Tue, 18 Sep 2018 - 14:18


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One does ask oneself why the monthly tickets can't be "virtual" and treated like PbP parking. Too logical for the muppets at the council, no doubt.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1417689 · Replies: 11 · Views: 130

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