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Parking Case Success Stories
Insider
post Tue, 15 Aug 2006 - 23:51
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As it says on the topic description - Parking Success Stories (Only for members here, not news stories!)

A new "Parking Success Stories" as suggested by Mista Pendle wink.gif

This post has been edited by Insider: Wed, 16 Aug 2006 - 08:43


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post Tue, 15 Aug 2006 - 23:51
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SchoolRunMum
post Sat, 7 Apr 2012 - 10:37
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Just posting a case by JMMM where an adjudication was won based on a Charge Cert being issued when there was already an adjudicator appeal lodged:

http://forums.pepipoo.com/index.php?showto...40&start=40

Case was won on that alone, procedural impropriety, even though no P&D ticket was paid nor displayed so the contravention had occurred.
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SchoolRunMum
post Wed, 11 Apr 2012 - 22:39
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And adding Unimexsol's successful case where the wrong code was used (12s):

http://forums.pepipoo.com/index.php?showto...mp;#entry688479

It wasn't a Residents bay, it was a Permit Holders bay.

Waltham Forest - also there was doubt about whether the TMO was actually valid as the schedules that LBWF had sent to PATAS differed significantly to the schedules they'd sent the OP, and no explanation was given to PATAS for this.
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gazza-leeds
post Fri, 27 Apr 2012 - 21:02
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Today I won at a tribunal based on no exit signs and incomplete evidence. http://forums.pepipoo.com/index.php?showto...65974&st=40

hope this is the right way to post it, and to say thank you.


This post has been edited by gazza-leeds: Fri, 27 Apr 2012 - 21:03
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pcnogo
post Thu, 10 May 2012 - 12:32
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HARINGEY PCN parking in inner zone - Wood Green - WON ON PROCEDURAL ERROR
--------------------------------------
I have proof from them that I emailed them to ask for details on which I could informally appeal within the time limit.
They issued the Notice to Owner anyway, ignoring my email request, probably by not being 'joined-up' in their communications system.

I presume they realised that I would win as they had made this procedural error but left it until three working days before the hearing to let me know they were withdrawing.
This gives them the most chance I'd give up, scared, I guess, and maximises applicants stress.

Details: http://forums.pepipoo.com/index.php?showtopic=69577
Thanks so much to everyone in this marvellous forum, notably Hippocrates - a monarch amongst expert posters!
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X-treem
post Sat, 12 May 2012 - 03:42
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Chapel Street near Edgware Road in West London now has a whole set of free parking spaces available. Received an NtO and made two formal representations against it - the first received an NoR, the second an NoA. The TMO showed that the marked parking bays extended 9.7m, but they actually were much further than that, by several times! Council confirmed this with a site survey and cancelled the PCN.

Full topic here: http://forums.pepipoo.com/index.php?showtopic=67595


--------------------


Notable Victories:
  • Richard Rippon (2008): Clamped by Richard Rippon's firm Redroute. Successfully sued him in court resulting in an intense media and legal battle that eventually saw his downfall. See the success story here.
  • Luton Airport (2013): Clamped by Ontime Parking Solutions at London Luton Airport where the police assisted in the illegal clamping of my vehicle on private land, directly in contravention of the Protection of Freedoms Act 2012 eventually leading to all towing and clamping operations at the airport being ceased for several weeks. See the success story here.
  • Huntingdonshire District Council (2012): ECN from HDC in in Huntingdon which I contested in the Magistrates' Court. The matter was publicised in the local newspapers and HDC were shown to be wasteful of public money on a minor matter. See the success story here.
Current parking tally since 2001 (Council | Private):
  • UK: 87 | 15 tickets (inc. 5 | 9 clamps, 3 | 0 tows). Of those: 60 | 12 contested, 54 | 12 won, 0 | 0 pending.
  • NL: 4 | 0 tickets (inc. 0 | 0 clamps, 0 | 0 tows). Of those: 2 | 0 contested, 1 | 0 won, 0 | 0 pending.
I am also proud to be in the top 10 longest-serving members on this forum that have been active this year.
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N3WB0Y
post Mon, 25 Jun 2012 - 20:22
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Feb/2012
Parking charge issued by Durham City Council for parking in an electric vehicle space.
I was in a Lexus CT-200h that is an electric (hybrid) vehicle.
Contravention was something like "incorrect classification of vehicle for space".

Stated on appeal that the sign did not state that the charging point had to be plugged in /being used (unlike signage in neighbouring Sunderland and Newcastle cities), and that my vehicle was indeed classified as an electric vehicle on my V5 [electric hybrid].

Apology issued, charge cancelled.

Felt sorry for the Mazda MX5 who was parked in EV space beside me - doubtful he had same defence!
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roythebus
post Thu, 28 Jun 2012 - 19:15
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Ha, I'll have to remember that with my Toyota Auris Hybrid!
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X-treem
post Tue, 3 Jul 2012 - 00:43
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A beautiful win at a PATAS hearing against London Borough of Camden after I parked in a disabled parking space where loading was permitted. Although my grounds included the fact that the contravention stated on the PCN did not state that I wasn't loading (just that I was parking without a disabled badge), the main ground that I won this on was due to the confusing signage and road markings due to the use of an authorised non-prescribed combination sign and no legend on the parking space ('LOADING ONLY' or 'DISABLED') which the DfT Traffic Signs Manual itself says may cause enforcement difficulties.

Full topic here: http://forums.pepipoo.com/index.php?showtopic=63289

This post has been edited by X-treem: Tue, 3 Jul 2012 - 00:44


--------------------


Notable Victories:
  • Richard Rippon (2008): Clamped by Richard Rippon's firm Redroute. Successfully sued him in court resulting in an intense media and legal battle that eventually saw his downfall. See the success story here.
  • Luton Airport (2013): Clamped by Ontime Parking Solutions at London Luton Airport where the police assisted in the illegal clamping of my vehicle on private land, directly in contravention of the Protection of Freedoms Act 2012 eventually leading to all towing and clamping operations at the airport being ceased for several weeks. See the success story here.
  • Huntingdonshire District Council (2012): ECN from HDC in in Huntingdon which I contested in the Magistrates' Court. The matter was publicised in the local newspapers and HDC were shown to be wasteful of public money on a minor matter. See the success story here.
Current parking tally since 2001 (Council | Private):
  • UK: 87 | 15 tickets (inc. 5 | 9 clamps, 3 | 0 tows). Of those: 60 | 12 contested, 54 | 12 won, 0 | 0 pending.
  • NL: 4 | 0 tickets (inc. 0 | 0 clamps, 0 | 0 tows). Of those: 2 | 0 contested, 1 | 0 won, 0 | 0 pending.
I am also proud to be in the top 10 longest-serving members on this forum that have been active this year.
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X-treem
post Thu, 23 Aug 2012 - 02:35
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Got a postal PCN for stopping briefly on a red route when I was in fact executing a manoeuvre while driving that required me to stop briefly. I was definitely not parked. However, I made representations by letter and this was never responded to, and I received a charge certificate followed by an order for recovery. Filed a statement of truth together with proof of delivery from Royal Mail and the charge certificate was cancelled by the TEC at Northampton County Court.

Full topic here: http://forums.pepipoo.com/index.php?showtopic=70985


--------------------


Notable Victories:
  • Richard Rippon (2008): Clamped by Richard Rippon's firm Redroute. Successfully sued him in court resulting in an intense media and legal battle that eventually saw his downfall. See the success story here.
  • Luton Airport (2013): Clamped by Ontime Parking Solutions at London Luton Airport where the police assisted in the illegal clamping of my vehicle on private land, directly in contravention of the Protection of Freedoms Act 2012 eventually leading to all towing and clamping operations at the airport being ceased for several weeks. See the success story here.
  • Huntingdonshire District Council (2012): ECN from HDC in in Huntingdon which I contested in the Magistrates' Court. The matter was publicised in the local newspapers and HDC were shown to be wasteful of public money on a minor matter. See the success story here.
Current parking tally since 2001 (Council | Private):
  • UK: 87 | 15 tickets (inc. 5 | 9 clamps, 3 | 0 tows). Of those: 60 | 12 contested, 54 | 12 won, 0 | 0 pending.
  • NL: 4 | 0 tickets (inc. 0 | 0 clamps, 0 | 0 tows). Of those: 2 | 0 contested, 1 | 0 won, 0 | 0 pending.
I am also proud to be in the top 10 longest-serving members on this forum that have been active this year.
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X-treem
post Sun, 16 Sep 2012 - 05:30
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Parked on the main road in Camden (Chalk Farm Road) within a CPZ during the restricted times, but found the CPZ signs at one of the entrances to the CPZ twisted round and severely damaged. Appealed to Camden, but the hire car company eventually paid the fine without my authorisation, despite there being an ongoing dispute with Camden.

Sent a letter to the hire car company highlighting their own failure to avail themselves of the statutory relief as given in Regulation 4 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.

It has been over eight months now, so I guess it is safe to say that it has been forgotten about. Camden got their money. I didn't pay any fine. Albany took the hit through their own stupidity. Result!

Full topic here: http://forums.pepipoo.com/index.php?showtopic=64232


--------------------


Notable Victories:
  • Richard Rippon (2008): Clamped by Richard Rippon's firm Redroute. Successfully sued him in court resulting in an intense media and legal battle that eventually saw his downfall. See the success story here.
  • Luton Airport (2013): Clamped by Ontime Parking Solutions at London Luton Airport where the police assisted in the illegal clamping of my vehicle on private land, directly in contravention of the Protection of Freedoms Act 2012 eventually leading to all towing and clamping operations at the airport being ceased for several weeks. See the success story here.
  • Huntingdonshire District Council (2012): ECN from HDC in in Huntingdon which I contested in the Magistrates' Court. The matter was publicised in the local newspapers and HDC were shown to be wasteful of public money on a minor matter. See the success story here.
Current parking tally since 2001 (Council | Private):
  • UK: 87 | 15 tickets (inc. 5 | 9 clamps, 3 | 0 tows). Of those: 60 | 12 contested, 54 | 12 won, 0 | 0 pending.
  • NL: 4 | 0 tickets (inc. 0 | 0 clamps, 0 | 0 tows). Of those: 2 | 0 contested, 1 | 0 won, 0 | 0 pending.
I am also proud to be in the top 10 longest-serving members on this forum that have been active this year.
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interlog
post Tue, 25 Sep 2012 - 20:18
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Since my last update back in April, 4 cases won at the PATAS, 2 cases not contested at PATAs stage, zero cases lost at PATAS stage and 1 award for £70 cost.
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Doodledoo
post Fri, 12 Oct 2012 - 14:43
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Me vs Access Self Storage and parkwright, parkright Mohammed Farooq

My case is here:
http://forums.pepipoo.com/index.php?showto...st&p=743249

Case was decided on inadequate signage.
Take your camera phone everywhere with you and use it!
They erected signs after I left and said they were present when I parked their on their sworn statements. Naughty!

Here's to justice and all the great contributors on here - thank you.
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dccantona
post Tue, 16 Oct 2012 - 00:12
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LB of Richmond CPZ
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27/5/12 Received a PCN - Parked in a restricted street during prescribed hours.

Another matchday @ Twickenham but this was on a Sunday. Surrounding roads had cones but nothing on this street . No CPZ signs at either end of the street. Made informal complaint to LB of RUT who sent back a map of all CPZ signs in the area. From my route there was 1 sign clocked at 0.8 miles from the PCN.

Therefore the question is how far does a sign need to be to inform of restrictions. Does each particular road need to have such signs. If the offence took place in a direction away from the stadium does there need to be CPZ End signs as well .

I will post PCN et al including map.



Notice number:
help
By Officer:
help
Contravention description: 01 - Parked in a restricted street during prescribed hours
help
Vehicle observed from:
help
Contravention date and time:
Location: NELSON RD WHITTON (CPZ R)
help
Zone: TWICKENHAM EVENT CPZ ®
help
Registration No:
Make: BMW
help
Colour: BLACK
help
Tax Disc:
help
Tax Expiry: 31/03/13
help
Current Balance: £130
help
Discount expiry date: 30/06/12


Photographic Evidence

Just managed to go past again Also took photos as well as G Maps

For what I have read the signs need to be on opposite sides of the street . Why else put them there.

So if 1 of the signs are completely obscured therefore they would render it obsolete. I will go through with this

Anyone anything on distances ?



This post has been edited by dccantona: Sun, 8 Jul 2012 - 13:55
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Attached File zoneRsigns__3_.pdf ( 264.27K ) Number of downloads: 14

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dccantona

post Today, 01:03
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FAir and able to see through the BS Though concerned that my evidence was not available Lucky I brought it with me which is a useful tip Would help to have hard copy in hearing Also as its offficial post the facts

Case Reference:
Appellant:
Authority: Richmond Upon Thames
VRM:
PCN:
Contravention Date: 27 May 2012
Contravention Time: 12:17
Contravention Location:
Penalty Amount: £130.00
Contravention: Parked in a restricted street
Decision Date: 15 Oct 2012
Adjudicator: Joanne Oxlade
Appeal Decision: Allowed
Direction: cancel the Penalty Charge Notice and the Notice to Owner.
Reasons: The issue in the case is whether the signage was adequate.

The local authority case is that the Appellant's vehicle was parked in a restricted street during prescribed hours, and so a Penalty Charge Notice was issued.

The local authority rely on the parking attendant's notes and photographs.

The Appellant says that there was inadequate signage at the location. He points out that the local authority rely on CPZ signage on Hall Road, which is some 0.8 miles from where his vehicle was parked, but that the CPZ signage was inadequate: firstly the sign located on the right hand side is located behind a tree and so obscured when the tree is in leaf; secondly, the signage is more than 12 streets away, which does not comply with the Department of Transport guidance.

I have carefully considered the evidence adduced.

The Appellant has raised an issue as to the adequacy of signage and so the burden rests on the local authority to show that it is adequate. The Appellant's points have considerable merit, and are supported by photographic evidence. The local authority have not discharged the burden of proof in satisfying me that the signage is adequate. I therefore allow the appeal.
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Eoin
post Wed, 28 Nov 2012 - 18:31
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Hi guys - posting to pass on a success story.

The full story is here (http://forums.pepipoo.com/lofiversion/index.php/t73590.html) but in essence it involved a succesful challenge against a PCN for parking in a suspended bay in RBKC. We went to adjudication, following which we were notified by letter that our appeal had been successful on the 'non prescribed/authorised sign' argument, seemingly on the basis that the Council had failed to prove that a sign had been correctly authorised when requested so to do in our Appeal.
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interlog
post Tue, 8 Jan 2013 - 23:42
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Another win at the PATAS this morning against Camden. Bus lane contravention. Use of "within" and "will" instead of "may" in rejection letter to Enforcement Notice - case ref. 212058885A
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post Mon, 25 Feb 2013 - 11:36
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Another win at the PATAS this morning against Newham Council. Contravention did not occur. Reference 213004150A.
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interlog
post Wed, 20 Mar 2013 - 12:43
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Two wins this week. One DNC by London Councils and one Appeal allowed at the PATAS because contravention could not be proven (2130055344)
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bathroomsoflondo...
post Sat, 30 Mar 2013 - 17:39
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Great victory against Bromley council. Defeated them before it even got to PATAS.

http://forums.pepipoo.com/index.php?showto...mp;#entry802891



--------------------
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interlog
post Tue, 30 Apr 2013 - 22:31
Post #419


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Further 4 x DNC by Councils plus one win (missing mandatory wording by Newham Council on PCN - 2130149029.

One more hearing next week and that'll be that - no more PATAS hearings to attend.
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X-treem
post Sun, 19 May 2013 - 14:31
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It was a little fight with the Royal Borough of Kensington and Chelsea - they seemed initially to have quite competent staff rejecting my challenge with good arguments citing legislation and the Traffic Signs Manual. But then they buggered up on the process sending me an NoR in response to a challenge letter (not formal reps) which I sent to them before I received an NtO therefore it could not have been considered formal reps in any way whatsoever, even if they wanted to.

I sent a letter pointing out their mistake and threatening procedural impropriety and they cancelled the PCN.

Full topic here: http://forums.pepipoo.com/index.php?showtopic=77666


--------------------


Notable Victories:
  • Richard Rippon (2008): Clamped by Richard Rippon's firm Redroute. Successfully sued him in court resulting in an intense media and legal battle that eventually saw his downfall. See the success story here.
  • Luton Airport (2013): Clamped by Ontime Parking Solutions at London Luton Airport where the police assisted in the illegal clamping of my vehicle on private land, directly in contravention of the Protection of Freedoms Act 2012 eventually leading to all towing and clamping operations at the airport being ceased for several weeks. See the success story here.
  • Huntingdonshire District Council (2012): ECN from HDC in in Huntingdon which I contested in the Magistrates' Court. The matter was publicised in the local newspapers and HDC were shown to be wasteful of public money on a minor matter. See the success story here.
Current parking tally since 2001 (Council | Private):
  • UK: 87 | 15 tickets (inc. 5 | 9 clamps, 3 | 0 tows). Of those: 60 | 12 contested, 54 | 12 won, 0 | 0 pending.
  • NL: 4 | 0 tickets (inc. 0 | 0 clamps, 0 | 0 tows). Of those: 2 | 0 contested, 1 | 0 won, 0 | 0 pending.
I am also proud to be in the top 10 longest-serving members on this forum that have been active this year.
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