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PASTMYBEST
Posted on: Yesterday, 19:32


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QUOTE (DancingDad @ Wed, 16 Jan 2019 - 19:26) *
QUOTE (SxcQueenE @ Wed, 16 Jan 2019 - 18:01) *
My summary was basically stating that the badge is clearly visible as shown in their own pictures used as evidence and that it is a valid badge and was displayed on the dashboard as it should, it was very brief and as simple as that as I was responding to the code broken that I didnt display a valid blue badge, it went something along these line;

I received a PCN from you guys and have looked at the evident picture you have attached and even in your own evidence you can clearly see the blue badge is displayed so not sure why this PCN was even issued in the first place. The badge is clearly displayed on the dashboard and the expiry date can be seen and is fully valid and certified. Please have this ticket cancelled as I dont know why you would have issued it to begin with



Okay.
That makes more sense as to why they rejected.

IMO it is time to go back now.
Don't suppose you have any photos of the trip or took any of Dad by car when you found the PCN ???

Dear Sirs
Ref PCN ????
Your letter dated ????
There seems to be a belief on your part that the Blue Badge was being used unlawfully.
May I address this immediately and emphatically deny this.
I apologise that I did not make this clear earlier but simply thought that the PCN had been issued in error.
Yes, your CEOs would have seen myself park the vehicle within the disabled bay and display the Blue Badge.
This badge is issued to my father and the journey and parking were solely for his benefit.
We were visiting the new library as a family, myself, my mother and my father (correct as needed)
I had stopped briefly further up the road (at the lowered kerb) to enable my father to be assisted in leaving the vehicle and getting into his wheelchair.
I then moved the car to the disabled bay, parked, displayed and returned to my family and father.
At the end of the visit, we all returned to the vehicle, assisted my father into it and found the PCN.
This journey, the display of the Blue Badge and parking within a disabled bay all followed the guidance supplied with the Blue Badge, was solely for my father and he was within the vehicle until immediately prior to parking and when we left.
Incidentally, should you check the blue badge issue, you will see that this is the normal vehicle registered, as I habitually drive my father to all his appointments or visits.
I cannot include any statement from my father as he suffers from dementia but include one from My mother who was with us that day and holds his power of attorney.
I also include a copy of the BB and snapshots taken that day (if any)
I am willing to discuss this fully with your officials should you still consider that the blue badge was used unlawfully.
Having put this straight, please confirm cancellation of this PCN.
Hugs and kisses



I would add in the red(if correct) and miss out the yellow. That is volunteering for an interview under caution in regards to a criminal matter
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452252 · Replies: 28 · Views: 306

PASTMYBEST
Posted on: Yesterday, 19:27


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So the council have not yet responded, but the adjudicator is seriously looking at this and is taking the government website as correct unless Bristol offer evidence to the contrary. If not I cannot see how you can lose
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452251 · Replies: 74 · Views: 3,010

PASTMYBEST
Posted on: Yesterday, 16:14


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not seen a will/may in a London council case for a while. Op that is a big no no for the council and a good argument that usually wins on its own I or someone will explain when we see your reps
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452174 · Replies: 20 · Views: 322

PASTMYBEST
Posted on: Yesterday, 15:13


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IMO De minimis has a fair shot, as does the fact the council say they will issue a charge certificate when the regs only allow that they may. This is fettering their discretion
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452137 · Replies: 3 · Views: 60

PASTMYBEST
Posted on: Yesterday, 15:00


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Here is the case rob mentioned

2180470133

his is an appeal against a penalty charge notice for parking in a disabled bay without displaying a valid disabled badge.
In short, the Respondent says that the disabled badge was not valid due to the fact that it was not being used by a disabled person but was in fact being used by his Brother in a manner which was incorrect.
The Appellant says that the badge was being used in a correct manner and he was present with his brother.
In short, the Respondent has launched a targeted investigation into blue badge fraud in their area and determined that on this occasion the badge was being used fraudulently.
This places the Tribunal in an unusual position. The Respondent is alleging, effectively, criminality on the part of the Appellant. They say, as a result of that criminality that the blue badge (which was displayed perfectly properly from the perspective of badge and clock), was invalid because the Appellant's brother was not present and it is to him whom the blue badge relates.
The Respondent has provided some evidence to support their position in this regard and I am able to understand why they issued the PCN. However, there is no finding to a criminal standard (by a competent Court) that this is proved.
It follows there are evidential and legal difficulties with their approach. Firstly, the Respondent is bound to prove on the balance of probabilities that the blue badge was being used incorrectly. On the evidence before me, I am not so satisfied. I had witness evidence which had no declaration of truth attached to it and involved hearsay.
Also, I was obliged to (and did) warn the Appellant as to his right against self-incrimination. I take the view that it is not appropriate for me, in this Tribunal to make findings of fact as to the validity of the blue badge which would necessarily involve findings which may amount to criminality.
I have therefore looked at the circumstances in the round and determined as follows: the badge was displayed correctly in the sense that it was face up and the clock was showing. I decline to make any further findings as to the allegation that it was being misused at the material time, I do so as I am of the view that I do not have the statutory authority to do so. My authority is strictly limited by statute and I am acutely aware of the fact that the Appellant is a lay person who may be unaware of his common law and statutory rights.
I therefore allow the appeal as I am not satisfied to the civil standard that the contravention occurred. I decline to make any findings as to the allegation that the Blue Badge was being used fraudulently.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452133 · Replies: 28 · Views: 306

PASTMYBEST
Posted on: Yesterday, 14:05


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For a BB to be used legally the disabled person does not have to be the driver, the vehicle has to be being used to carry them. How fall from the parking place did you drop off your dad



I am making an assumption from your opening post that you dropped dad at the lowered kerb then pulled forward to the BB bays, please confirm or correct


https://www.google.co.uk/maps/@52.4802454,-...3312!8i6656

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452092 · Replies: 28 · Views: 306

PASTMYBEST
Posted on: Yesterday, 12:48


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QUOTE (downandout @ Wed, 16 Jan 2019 - 11:44) *
QUOTE (cp8759 @ Wed, 16 Jan 2019 - 00:47) *
QUOTE (PASTMYBEST @ Tue, 15 Jan 2019 - 23:56) *
QUOTE (cp8759 @ Mon, 14 Jan 2019 - 23:08) *
So they have obscured one of the signs, which I suppose is an improvement. They're now only as bad as when the tribunal allowed the first bunch of appeals roughly a year ago. Post a draft based on the thread I linked above. The final nail in the coffin could be Salih Dogan v City of London (case reference 2180198194), where it was ruled that the bus gate road marking is mandatory.



The road marking relate to sign 953 not 619 CP

You're quite right I was having a silly moment


Does this change the way forward? or shall i continue with drafting the appeal?


ignore post 14
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1452051 · Replies: 21 · Views: 300

PASTMYBEST
Posted on: Yesterday, 00:00


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Post the decision the grounds for acceptance could help others in the future
  Forum: Completed Case Summaries · Post Preview: #1451907 · Replies: 3 · Views: 88

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 23:56


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QUOTE (cp8759 @ Mon, 14 Jan 2019 - 23:08) *
So they have obscured one of the signs, which I suppose is an improvement. They're now only as bad as when the tribunal allowed the first bunch of appeals roughly a year ago. Post a draft based on the thread I linked above. The final nail in the coffin could be Salih Dogan v City of London (case reference 2180198194), where it was ruled that the bus gate road marking is mandatory.



The road marking relate to sign 953 not 619 CP
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451906 · Replies: 21 · Views: 300

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 16:39


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compliant with regulations set out by the London Borough of Sutton biggrin.gif


did you use the draft from CP verbatim, or did you add a bit re your BB?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451725 · Replies: 13 · Views: 229

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 16:34


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QUOTE (AdamTicketed! @ Tue, 15 Jan 2019 - 14:44) *
Hi everyone - is there anything I should add to the above?



Take out the road appears to be and assert that the road is raised as a traffic calming measure. If they do not believe this let them say so
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451723 · Replies: 8 · Views: 161

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 16:30


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The man in charge of the brain cell must have seen the video rolleyes.gif well done
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451722 · Replies: 48 · Views: 1,410

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 16:21


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You put a banana skin under your foot with the loading but we are where we are. Assisted boarding is allowed, that the boarding is frustrated does not negate the reason for the stop.

but you are claiming an exemption, so the onus of proof falls to you. Where was you wife what was she doing? What time had you arranged to collect her? A statement from your wife, from the hairdresser will support your contention so submit them.

With regard to the 0845 number, I used this recently in an informal challenge, amend it to suite if you wish

Informal challenge against the imposition of PCN number xxxxxxxx
Vehicle registration mark aa23bcd


A motorist must obey many laws rules and regulations when driving and also when parking. If the breach any of these rules then there are penalties. Parking in this instance being governed under the decriminalised parking scheme under the TMA of 2004.

The council also must follow the regulations laid down in the applicable legislation. The amount of the penalty the council can impose is set by regulation. In this case it is £70 reduced to £35 if paid within 14 days.

The council however give a method of payment as over the telephone, for this they operate an 0845 enhanced rate telephone number and set a service fee of 03p per minute.

Trafford council require that any person wishing to take advantage of this method of payment do pay a sum greater than 100% of the statutory penalty. This has been ruled in the high court to be demanding a penalty that exceeds the statutory amount.

One of the statutory grounds of appeal against a PCN is that the penalty exceeds the amount in the circumstances of the case. This is the case here. This PCN should now be cancelled and I look forward to confirmation of such in the near future
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451719 · Replies: 21 · Views: 320

PASTMYBEST
Posted on: Tue, 15 Jan 2019 - 11:02


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QUOTE (Incandescent @ Tue, 15 Jan 2019 - 09:52) *
QUOTE (cp8759 @ Tue, 15 Jan 2019 - 00:55) *
hmm substantial compliance may be an issue here.

+1
The photos show the line albeit a bit faded. Frankly, the OP will struggle with this one IMHO.


It does look like the lines have been painted since the GSV was taken
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451572 · Replies: 15 · Views: 233

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 22:48


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QUOTE (Dee1968 @ Mon, 14 Jan 2019 - 22:36) *
QUOTE (cp8759 @ Mon, 14 Jan 2019 - 22:26) *
QUOTE (PASTMYBEST @ Mon, 14 Jan 2019 - 19:37) *
HCA how could CCTV be used for a code 26 contravention?

General regulation 9A(6)(с) says CCTV can be used where a vehicle is stationary on a carriageway marked with diagrams 1027.1 and 642.2A, nothing says the contravention alleged must be a contravention of those markings. It just say the vehicle must be stationary on a carriageway that happens to have those markings outside a school, if that condition is met, any contravention that can be evidenced may be pursued.


Can you explain that to me please? What does that mean in my case? As my car was stopped in the middle of the road alongside the school markings, and the CCTV footage shows this, does that mean the PCN is likely to be upheld?


no it has to do with other options the council could pursue
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451467 · Replies: 38 · Views: 605

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 21:46


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The last day for representations is the 17th of Jan Date of service is deemed to be the second working day after posting, so the 21st of Dec

If you want help post all of the NTO and the original PCN any challenge made and the rejection, also the council photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451438 · Replies: 10 · Views: 126

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 21:00


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post the PCN it depends on the legislation and what you are appealing
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451413 · Replies: 10 · Views: 126

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 20:54


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Can we see your challenge and the rest of the rejection letter
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451409 · Replies: 62 · Views: 1,243

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 19:37


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HCA how could CCTV be used for a code 26 contravention?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451362 · Replies: 38 · Views: 605

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 18:16


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QUOTE (stamfordman @ Mon, 14 Jan 2019 - 16:38) *
The white line has no legal force but the dropped kerb does look like it gives access to a car ramp in that house. Whether they use it or not is not relevant unless the ramp clearly falls into a disused state.


There is an exemption for anyone parked with the permission of the occupier, providing that permission is not given for reward
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451329 · Replies: 4 · Views: 83

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 18:13


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What have you posted? what HCA suggests is one limb of the two I propose. both are valid and two heads are better than one
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451328 · Replies: 38 · Views: 605

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 18:04


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I would challenge that the yellow line is not existent not that it is faded

https://www.google.co.uk/maps/@53.383112,-1...3312!8i6656

It would not be unreasonable to believe that the SYL has been deliberately excluded from the crossover

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451325 · Replies: 15 · Views: 233

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 17:51


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QUOTE (cp8759 @ Mon, 14 Jan 2019 - 17:42) *
Subject to the views of others, I'm not sure the contravention can realistically be contested, given the signage: https://www.google.co.uk/maps/@51.5702179,0...6384!8i8192

With that in mind, I'm tempted to say we should challenge the PCN purely on technical grounds, i.e. the wrong discount period (21 days instead of 14) and the missing contravention suffix (it should say on the PCN what sort of vehicles the route is restricted to)


+1 the signage has been found adequate the last few times it has been argued
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451319 · Replies: 13 · Views: 309

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 16:24


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QUOTE (Dee1968 @ Mon, 14 Jan 2019 - 15:34) *
Thank you both for your patience, I'm a bit of a novice here!

I'm completing the appeal online and it's asking if I wish to attend the appeal in person, should the appeal be accepted. Is that advisable?

And how long do I have to upload my submissions?

Thanks again


say you want to appear. you can always change this at a later date. My thinking is to appeal both the regulation stating marking only and that the signage would be confusing if any other interpretation is used.

I posted a couple of cases at post 11 one of each, they show both can be accepted We can help you drat an appeal. but get your appeal registered to give us a bit of time.


the tribunal will notify you of when you need to file submissions
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451283 · Replies: 38 · Views: 605

PASTMYBEST
Posted on: Mon, 14 Jan 2019 - 15:12


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It looks more like a traffic calming measure to me. I would challenge on 1, that the road is faised for traffic calming as can be determined by its design. and 2 that you have a legitimate expectation that even if there is a restriction enforcement will not happen. See the GSV timeline
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1451253 · Replies: 8 · Views: 161

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