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Incandescent
Posted on: Yesterday, 22:57


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A broad yellow line indicates a restricted bus stop. This is backed-up by the sign that can be anywhere along the bus stop length. The restriction is "No Stopping". So unless the PCN contains fatal errors of content, your best action is to pay the discount and put this down as a learning opportunity in Life's Rich Pageant. You can stop on single or double yellow lines to alight or board a passenger, so why not do that in future ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1433604 · Replies: 4 · Views: 8

Incandescent
Posted on: Yesterday, 12:26


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Mersey Gateway revenues are on the up, and especially so when 23% of the monthly totals are penalty charges. And, surprisingly, the number of PCNs continues to go up and up compared with total monthly crossings. One would think word would have got round by now !! At this rate the bridge will be paid of much earlier than anticipated.

https://www.merseyflow.co.uk/getattachment/...18-(1).pdf.aspx
  Forum: News / Press Articles · Post Preview: #1433293 · Replies: 0 · Views: 31

Incandescent
Posted on: Sun, 11 Nov 2018 - 22:44


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The biggest obstacle here is the Dr Dawood case in the High Court that he lost, where he parked his moped on his own land that was adjacent to the footway just as in this case. No adjudicator in the land is going to go against that case.However, I would think that 'legitimate expectation' would be accepted, even if the council won't accept it. Needless to say, the OP would have to play the double-or-quits game and forego the discount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1433201 · Replies: 19 · Views: 312

Incandescent
Posted on: Sun, 11 Nov 2018 - 22:38


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QUOTE
I'm inclined to think that it would have to be adjudicated as Hull city council aren't known for their public spirit.

Thy're just as venal and rapacious as other city councils. There is absolutely NO traffic management purpose served by this issue of a PCN, it is all about the money and nothing else.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1433198 · Replies: 12 · Views: 169

Incandescent
Posted on: Sun, 11 Nov 2018 - 20:12


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http://bailiffadviceonline.co.uk/index-pag...tness-statement

Look for the link to the pages specific to DART

You might care to contact the above and for a small fee, they will help you prepare the submission. Many are rejected because they have been incorrectly filled in.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1433141 · Replies: 5 · Views: 137

Incandescent
Posted on: Sat, 10 Nov 2018 - 20:31


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QUOTE
Reason parked there was because car park was very busy and no other spaces. Is pay and display car park.
Lots of other cars parked there - we weren't the first to do this. All of us ticketed when we got back to car.
Have i grounds for appeal??
thanks

Unless the PCN contains fatal errors, you are bang-to-rights as one of the conditions for parking on the sign is "parking is not permitted in any other area of the car park other than fully within a marked bay". You were not parked in a bay, hence the PCN. The fact there is not enough parking for the demand for parking at the time you parked there is irrelevant. The PCN doesn't seem to have any fatal errors of content, so essentially you are bang-to-rights, and would be better paying the discount. That's my opinion, of course, and others on here may disagree, but if you decide to take it all the way on whatever grounds are suggested, it is likely the council will refuse all your reps and you'll end up at the adjudicators with the full PCN penalty in play. However that is the maximum you'd have to pay.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432967 · Replies: 6 · Views: 112

Incandescent
Posted on: Sat, 10 Nov 2018 - 12:41


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Post the PCN and photos when you can, but do be aware that most cases will end up at the adjudicators as councils just love the penalty money so bat away all reps. You have a reasonable case on times, so submit reps on this basis, but don't be surprised if they reject them. If you want to take them all the way, you have to forego the discount option, and there is no guarantee an adjudicator will side with you, but I reckon the odds are in your favour based on the circumstances.

Best thing is to post the video as that is their sole evidence. If you were in the bus lane for 20 yards or less then an appeal may well succeed, but you have to stand your ground as I said above, and risk the full PCN penalty. It's a double-or-quits gamble basically.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432817 · Replies: 12 · Views: 169

Incandescent
Posted on: Sat, 10 Nov 2018 - 10:25


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All Out-of-Time submissions can be opposed by the enforcing authority and invariably are, but DART may be different, as they have always been reasonable, but here we have yet another failure to update the V5C, a legal duty. Only if your friend can persuade DART to not oppose the OOT will the matter be reverted to the PCN stage. So best to contact them to see if they will not oppose, and just accept the PCN penalty money.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432792 · Replies: 5 · Views: 137

Incandescent
Posted on: Sat, 10 Nov 2018 - 10:21


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Frankly, I cannot see any success here if you submit an Out-of-Time Statutory Declaration, even if you pay the £255 to see a County Court judge personally. Yours is a monumental failure to update records that must be updated by law. How on earth did you tax your van, and didn't you wonder why no VED reminders were received ?

So, a very hard lesson, and one we see so often on this forum.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432791 · Replies: 7 · Views: 308

Incandescent
Posted on: Fri, 9 Nov 2018 - 15:07


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QUOTE (hcandersen @ Fri, 9 Nov 2018 - 11:56) *
then presumably everything should have been sent his way ....

It was presumably. All to the only address held by the state which was the one given by the father i.e. the property which is now occupied by tenants.

The reason agents discover a different address is normally because their livelihoods depend on it and they get off their butts to find out.

With ANPR it's quite easy, especially with somebody like our OP who clearly drives regularly along certain Manchester streets. You just hang around at a suitable point, pick it up on ANPR and follow the car until you get to an address. Ask a few questions of the neighbours and Boom, you have found somebody who you hope is the owner.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432612 · Replies: 7 · Views: 231

Incandescent
Posted on: Fri, 9 Nov 2018 - 15:02


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QUOTE (Neil B @ Fri, 9 Nov 2018 - 11:51) *
Oooo, nice one biggrin.gif

+1
Just to be clear, acceptance of an OOT does not cancel off any liability for payment of the penalty charge, but now allows you to appeal it at the adjudicators. It would seem TEC have it wrong on their letter.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432610 · Replies: 32 · Views: 855

Incandescent
Posted on: Thu, 8 Nov 2018 - 23:09


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Essentially, you were over a de minimis distance in the bus lane, and such is their greed for the cash, they have decided to enforce even though there is no traffic management purpose in doing so. If you had just crossed over where it says "bus lane" on the carriageway, it would be an almost certain win. in your case, it could go either way at adjudication, to win will need careful preparation with our help.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432457 · Replies: 20 · Views: 335

Incandescent
Posted on: Thu, 8 Nov 2018 - 23:01


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OK, so what do you want help with ? It's difficult to appeal bus lane contraventions, but signs can be missing or misleading, and also driving a very short distance in the bus lane, especially towards its end, has won appeals in the past. However anything over about 20 yards won't cut it.

Post the video if you want better advice. The video is their sole evidence, and will be viewed at the adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432455 · Replies: 6 · Views: 125

Incandescent
Posted on: Thu, 8 Nov 2018 - 10:07


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QUOTE (peterguk @ Thu, 8 Nov 2018 - 00:21) *
Need to see the video.

+1
This is the sole evidence of the alleged contravention, and would be seen by the adjudicator if you take it all the way. However, if you reckon you were in the bus lane for 60 yards, then be aware that whilst TPT adjudicators can accept de minimis appeals, 60 yards is way outside that, its more like 20 yards. If the signs are all in place, the discount looks attractive.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432147 · Replies: 12 · Views: 133

Incandescent
Posted on: Thu, 8 Nov 2018 - 10:01


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I suggest your friend rings the TPT number and asks who has registered the appeal. Not much more one can say, really. Presumably he is the keeper of the vehicle as recorded on the V5C ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432145 · Replies: 6 · Views: 125

Incandescent
Posted on: Wed, 7 Nov 2018 - 22:37


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Just so your father knows the situation....

The bailiffs come to either get money off your dad, or to seize goods to sell to settle the debt and also pay their fees. They tend to seize cars because they are easy to find and seize, but anygoods can be seized. The only avenue now open to reset the matter back to the original PCN is to submit an Out-of-Time Statutory Declaration that the original PCN was not received. This is free to submit, but can be, and invariably is, opposed by the council. If it is opposed TEC will reject it and if you want to take the matter further, you would have to get a County Court judge to review the OOT papers. This costs £100, and is non-refundable. The judge will either confirm the rejection or overturn it. What is not in your father's favour is the failure to update the V5C reasonably promptly.

Frankly there is now a flood of posts on this forum like yours where failure to update the V5C is the theme. Very very difficult to overturn these cases, although not impossible. With £408 demanded, it might be worth taking it to the CC judge. Others here will no doubt comment.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432091 · Replies: 14 · Views: 176

Incandescent
Posted on: Wed, 7 Nov 2018 - 22:24


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It's not all that long a bus stand, we've seen much longer than that. As said above, the system works like the normal yellow lines, you see one and then know there is a sign somewhere with the restriction, except that the wide yellow line specifially applies to bus stops & stands, and indicates a no-stopping restriction. Remember for the future that you can drop a passenger off on single or double-yellow lines, it is one of the two exemptions, the other being loading. Beware of red lines too !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432086 · Replies: 9 · Views: 112

Incandescent
Posted on: Wed, 7 Nov 2018 - 22:16


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Having looked at the legislation, I can't find any time limit, but if it came to an adjudication of a very late issue of the PCN, the criminal law tends to be used as an example, in which case they could serve up to 6 months after the contravention. All the legislation where PCNs can be issued is very sloppy and ill-thought-out, typical for the UK governmental and parliamentary processes, some have a 28 day limit, some don't.

What would be better is for you to contact the Gateway people and describe what you have told us. They may agree to cancel the PCN provided you pay the actual toll. Setting up an auto-pay account is in your favour with this. The problem is that just setting up the account does not pay-off charges that were not paid within the legal limits for payment, it only pays for charges after the account is set up. The Dartford Crossing is the same, and actually run by the same company, and we have always found them to be very reasonable in cases like yours.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432083 · Replies: 2 · Views: 73

Incandescent
Posted on: Wed, 7 Nov 2018 - 22:01


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The only person that can register an appeal at TPT after receiving a rejection of representations is the keeper of the vehicle as recorded on the V5C, nobody else. So what makes your acquaintance think an appeal has already been registered ? Post up the email.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432072 · Replies: 6 · Views: 125

Incandescent
Posted on: Wed, 7 Nov 2018 - 21:13


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The only process available to you now is to submit an Out-of-Time Statutory Declaration to declare that you did not receive the original PCN. Unfortunately these can, and are, opposed by councils and thus are rejected automatically, (many of them shouldn't be, but that is another matter). Submitting an OOT is free, but if you get it rejected, money will be needed to pay for a review, (£100) that is not refundable. So you do need to find out how much the bailiff is seeking in order to decide whether to just cough up or fight it. Against you is your failure to update the V5C as soon as you moved. In you favour is your mail redirection, so IMHO, it is worth submitting an OOT. It will, whilst it is being assessed, get the bailiffs off your back for a bit.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432058 · Replies: 3 · Views: 91

Incandescent
Posted on: Wed, 7 Nov 2018 - 17:48


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As usual for this forum, post the PCN, all sides with PCN Number and car details blanked out. Leave everything else in and visible..
A GSV link to where you parked would be useful and tell us exactly where you had parked the car.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432015 · Replies: 1 · Views: 73

Incandescent
Posted on: Wed, 7 Nov 2018 - 17:38


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QUOTE
2. Procedural impropriety due to Hackney not addressing my representations in full - he said that there is no procedural impropriety defense for a moving traffic contravention and this was only applicable to parking matters.

This is quite correct and people get confused on this. Before the Traffic Management Act introduced the appeal ground of "procedural impropriety" for parking, the grounds of "the penalty exceeded the relevant amount in the circumstances of the case" were used. In fact, I think the TMA has this grounds for other contraventions, but they have not yet been authorised for enforcement outside London. London has its own act, of course, (LLA & TFL Act 2003) but this doesn't have Procedural Impropriety as a statutory ground either.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1432012 · Replies: 30 · Views: 999

Incandescent
Posted on: Wed, 7 Nov 2018 - 09:44


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Totally and utterly bang-to-rights, the DYLs are right by the car and apply to where the car is parked, not just the carriageway. As MMV says, the only credible appeal is legitimate expectation, but only an adjudicator is likely to agree, so full PCN penalty will be in play. It looks as if a 'new broom' in the council has issued new orders to the CEOs !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1431856 · Replies: 7 · Views: 131

Incandescent
Posted on: Wed, 7 Nov 2018 - 09:38


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+1
The £255 only applies if you request a personal interview with the judge "in chambers".
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1431853 · Replies: 28 · Views: 659

Incandescent
Posted on: Tue, 6 Nov 2018 - 22:08


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QUOTE (@luther @ Tue, 6 Nov 2018 - 21:46) *
@Fizz1cat my appeal hearing was on 01 November. Unfortunately my appeal was refused. They adjudicator only agreed with one of my points which was that Havering Council incorrectly stated when the penalty notice and the reduced amounts must be paid by.

Hope you have better luck than I did.

Please post the case reference number, as you could have grounds for a review.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1431791 · Replies: 33 · Views: 1,539

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