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Incandescent
Posted on: Today, 00:07


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Bang-to -rights. Pay the discount. A definite 'Lose' at adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472667 · Replies: 3 · Views: 48

Incandescent
Posted on: Today, 00:03


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QUOTE (Flyhalf10 @ Wed, 20 Mar 2019 - 21:45) *
Hi, New user - first time post

I have received a PCN contravention code 12 from Brighton and Hove City Council.

My 4 hour ticket had expired (4 hours is all they allow you), I was staying at my student friends house, and they don't have day parking permits for visitors.

I am within the 2 week 50% discount.

When logging onto check the evidence, there are no images available of my offence. Is this grounds enough to challenge the PCN? Or does anyone know of another cheeky way i could avoid giving the council my money? biggrin.gif


Thanks in advance and appreciate any help

Photos are not a legal requirement, it is between you and the CEO and who the adjudicator believes "on the balance of probabilities". Pay the discount is my advice. You are allowed to be up to 10 minutes over the 4 hours if that helps you.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472665 · Replies: 1 · Views: 36

Incandescent
Posted on: Yesterday, 16:51


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QUOTE (PonchoHD @ Wed, 20 Mar 2019 - 15:58) *
Let me see if I can do this

Video

Doesn't work !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472562 · Replies: 10 · Views: 100

Incandescent
Posted on: Tue, 19 Mar 2019 - 21:03


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I think you'll struggle with this one.

Council are unlikely to give way so you'd end up at London Tribunals. SOme adjudicators will not accept video evidence that doesn't show the sign, so you'd win, but councils can always submit "library" photos together with a statement that the sign was in position at the time of the contravention. In addition, some adjudicators will "explore" using GSV, just like we do, and if the sign is there, you lose. It's also a Double-or-Quits gamble as the discount option will have been lost
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472382 · Replies: 5 · Views: 56

Incandescent
Posted on: Tue, 19 Mar 2019 - 17:02


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Forget credit agencies, as these penalties are outwith the normal system and are not made available to them. No CCJs either. However, at the end of the process, if the OfR has been ignored, bailiffs are eventually instructed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472337 · Replies: 28 · Views: 715

Incandescent
Posted on: Mon, 18 Mar 2019 - 20:51


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The review confirmed the findings of the original adjudicator. At that point, MCC can apply for Judicial Review, but I don't know if they are doing that. They may do in view of the shedloads of money they get from this deeply flawed scheme.

Somebody on here has a copy of the review decision.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1472091 · Replies: 6 · Views: 61

Incandescent
Posted on: Mon, 18 Mar 2019 - 09:15


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QUOTE (Mr Mustard @ Mon, 18 Mar 2019 - 07:24) *
Can we see the bay sign please?

Its on the GSV view, and says "Goods vehicles loading only", so OP could struggle unless the V5C shows it as a goods vehicle, and its likely the matter would have to go to Adjudication. However first the Notice to Owner will have to be responded to. They may relent at that stage, but their greed for money could overcome any thoughts they might have about not harming local businesses.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471816 · Replies: 11 · Views: 141

Incandescent
Posted on: Sun, 17 Mar 2019 - 10:25


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OK, it all looks kosher. Let us know how you get on with DART. I would not expect them to act harshly in your case.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471592 · Replies: 14 · Views: 191

Incandescent
Posted on: Sun, 17 Mar 2019 - 00:23


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OK, but can you post at least one of the PCNs please.
Forum experience of Dart management is they are much more forgiving of mistakes like this than councils, especially as you did actually make a payment in advance, but just made an error in the car reg. no.

Let's hope they are forgiving in this case. They certainly haven't lost any money out of it. Please let us know how you got on.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471555 · Replies: 14 · Views: 191

Incandescent
Posted on: Sun, 17 Mar 2019 - 00:18


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Enjoy the skiing ! When you get back come on here again with the full PCN story. In order to revert the process to the original PCNs you need to tell us why you didn't update your V5C at the same time as your driving licence. The only way to revert is to submit an Out-of-Time Statutory Declaration that you didn't receive the original PCN, Two problems with this (1) council can and will oppose stating they sent all docs to the V5C address, and (2) you have to give a statement as to why you think the PCNs were not received. Tardy updating of a V5C is unlikely to get your SD accepted.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471554 · Replies: 7 · Views: 121

Incandescent
Posted on: Sun, 17 Mar 2019 - 00:11


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QUOTE (cherub @ Sat, 16 Mar 2019 - 23:03) *
Do you think I should mention the need to paint over the lines has now been officially reported, or will this give them the ammunition to use it against me by saying it demonstrates I knew there was a problem and should not have parked over the line until it’d been resolved?


No, leave it for later when you make an official complaint to the council.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471552 · Replies: 31 · Views: 439

Incandescent
Posted on: Sun, 17 Mar 2019 - 00:08


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Only worth considering an appeal once you've seen the video. This is the sole evidence of the allegation, and must be submitted by the council if you get to adjudication. Others on here are expert at obtaining and posting the video, so wait a bit to see if they come on here. However, do not miss any deadlines.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471551 · Replies: 21 · Views: 212

Incandescent
Posted on: Sun, 17 Mar 2019 - 00:05


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QUOTE (PASTMYBEST @ Sat, 16 Mar 2019 - 19:54) *
QUOTE (Mr Meldrew @ Sat, 16 Mar 2019 - 18:54) *
QUOTE (Incandescent @ Sat, 16 Mar 2019 - 17:39) *
All well and good but there is no statutory ground of 'procedural impropriety' in the applicable appeal legislation.

Yes of course, the penalty exceeded the amount applicable in the circumstances of the case. Wrong label, correct sentiment, and I’m in good company with adjudicator Belinda Pearce, 2180033183, 21 February 2018, who concluded in the following moving traffic contravention, Entering and stopping in a box junction, that:

“Notwithstanding that it had been reminded of its duty, the Enforcement Authority failed to accord requisite consideration to the Appellant's representations, as it is obliged so to do. … I conclude therefore that the Enforcement Authority had not discharged its duty under Regulation 5(2)(b) of the Civil Enforcement of Parking Contraventions (England) Representations & Appeals Regulations 2007 which I find to be a ‘procedural impropriety’ on the part of the Enforcement Authority.”

And why should there be no such ground for a moving traffic contravention when such failures are commonly seen among some authorities?

https://londontribunals.org.uk/naslivepws/p...p=nasstatreg:30

http://forums.pepipoo.com/index.php?showto...17460&st=40


Far more than one ground, but I 'm watching football more later

Interesting to see an adjudicator using the words 'procedural impropriety' for a case where it is not a statutory ground. When even adjudicators get it wrong like this, it really shows the complete mess the legislation is in. In fact one of the London 'pot mess' Acts, even "the penalty exceeded the amount applicable in the circumstances of the case" is not available !!


  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471550 · Replies: 40 · Views: 869

Incandescent
Posted on: Sat, 16 Mar 2019 - 17:39


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All well and good but there is no statutory ground of 'procedural impropriety' in the applicable appeal legislation.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471488 · Replies: 40 · Views: 869

Incandescent
Posted on: Sat, 16 Mar 2019 - 14:18


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QUOTE (stamfordman @ Sat, 16 Mar 2019 - 12:35) *
Think you'll have to swallow this as your front is in the box but see what others say.

The vehicle that should have got a PCN is the minibus ! I think you were a bit too quick moving forward and he was an idiot blocking you, but whether this will win at adjudication is another matter, and it would be the usual double-or-quits gamble. I'd be tempted to take the gamble option; if you'd been a lot more into the YBJ, I'd have said, pay the discount.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471447 · Replies: 19 · Views: 205

Incandescent
Posted on: Sat, 16 Mar 2019 - 14:10


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QUOTE (John U.K. @ Sat, 16 Mar 2019 - 12:07) *
Very well done, Sheila smile.gif

And the same from me too !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471446 · Replies: 39 · Views: 1,020

Incandescent
Posted on: Fri, 15 Mar 2019 - 21:42


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Well I would mind ! It really is disgraceful of them to kick you in the teeth for postage like this. I would raise a complaint to the council.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471289 · Replies: 26 · Views: 791

Incandescent
Posted on: Fri, 15 Mar 2019 - 21:38


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I cannot see any appeal at London Tribunals succeeding. You entered the bus lane right at the start of it, so forget any 20 metre rule; you are bang-to-rights.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471287 · Replies: 9 · Views: 132

Incandescent
Posted on: Fri, 15 Mar 2019 - 21:29


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Was the address on your V5C for the car correct in June/July 2018 ?

Barnet have issued a postal PCN for an alleged traffic offence detected by CCTV as they are entitled to do under London-specific legislation. They obtained the name and address of the registered keeper, (the party responsible for payment or appeal) using an on-line link to the DVLA So that would have been sometime in June 2018. After 28 days (sometimes a bit more), they would have issued a Charge Certificate to the same name and address, (the DVLA request is only done once). With no response to the CC, they have registered the debt at the Traffic Enforcement Centre at Northampton, and then issued an Order for Recovery, again to the same address. With no response to the OfR, they have instructed bailiffs. Bailiffs livelihood depends on their ability to track people down as you have found out, so you now find yourself in a very difficult situation.

The only route to reverting the process to the original PCN is to submit an Out-of-Time Statutory Declaration that you didn't receive the original PCN. However you have to give some reason why you didn't receive the PCN, and not updating your V5 (assuming you haven't) is usually not considered good enough as the council can object to OOTs and will state that all their documents were sent to the V5C address.

If you didn't update your V5C you are basically up-the-creek without a paddle, I'm afraid. However if the traffic offence coincided with your V5C being at the DVLA for address update, you do have a good chance.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471284 · Replies: 24 · Views: 361

Incandescent
Posted on: Fri, 15 Mar 2019 - 12:44


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QUOTE (Starworshipper12 @ Fri, 15 Mar 2019 - 12:04) *
We can only hope that decisions like these filter back to councils and they might review their policies!!

You're kidding ! Councils are now completely addicted to the cash for parking and bus lane enforcement, (and in London with YBJs and other traffic offences). This is why they are so venal and rapacious.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471147 · Replies: 59 · Views: 1,343

Incandescent
Posted on: Fri, 15 Mar 2019 - 08:46


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As you have an account it is highly likely this matter will turn out OK for you, as it is clear you understood the need to pay and had made arrangements to do so on a regular basis. Mersey Crossing are the same people as run the Dartford Crossing and experience on this forum is that they are very good at sorting out problems like this.

However the first thing to ask is, is this an "auto-top-up" account or do you have to deposit funds from time to time ? If the latter, it could be that you were late depositing funds therefore no money was in your account when a request was made for payment. Late depositing of funds when some payments are missed does not back-date the payment to clear those, it is held for future crossings. The regulations demand payment in advance or one day in arrears only.

The second and much more important point to make is that you should have received (1) PCNs for the alleged non-payments, and (2) Charge Certificates before the Order for Recovery documents should have been sent to you. As the TE9 forms were rejected as "out of time" that means something is amiss with your mail arrangements, because you have 28 days in which to submit the TE9. You haven't mentioned either PCNs or CCs at all so presumably they were not received

So the question is - is your V5C for the vehicle up-to-date and did it show your correct address when the PCNs were originally issued ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471077 · Replies: 4 · Views: 74

Incandescent
Posted on: Thu, 14 Mar 2019 - 21:39


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Surely to be legal the zig-zags have to be on the main carriageway ? In any case, how can you have zig-zags in a designated parking bay as per a TMO ! It does seem as if the council have cocked up royally here.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471012 · Replies: 48 · Views: 1,198

Incandescent
Posted on: Thu, 14 Mar 2019 - 21:23


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IMHO you won't get that past an adjudicator. First off you have the yellow line, then a sign giving the applicable days and hours. No way is there a win here !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471007 · Replies: 5 · Views: 92

Incandescent
Posted on: Thu, 14 Mar 2019 - 21:15


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Please post the PCN, all sides, with PCN Number and car details blanked out. Leave everything else in. If you are wanting to appeal the NtO, then your partner must do so, or provide a letter of authority for you to act on his/her behalf. Note that under the decriminalised law for parking enforcement, the keeper is responsible for paying or appealing, not you.

You would seem to have a reasonably good case to take this to adjudication if they refuse any reps to the NtO. If you pay-up then access to adjudication is lost.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1471005 · Replies: 9 · Views: 132

Incandescent
Posted on: Thu, 14 Mar 2019 - 12:47


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QUOTE (jockmcsock @ Thu, 14 Mar 2019 - 12:36) *
can i claim ignorance? or reasonable expectation - this is where I normally park in Burnley.

Is "normally park" always right by the double yellow lines ? If so, it is a wonder you haven't had PCNs before, as the photos show you totally bang-to-rights.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1470831 · Replies: 15 · Views: 159

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