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Incandescent
Posted on: Today, 18:12


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QUOTE
& haven't had issues in the past

So, you know about the pedestrian zone, and the signs, yet have continued to enter and park. Seems to me you've chanced your arm a few times, and this time you lost, but see what the others say.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480346 · Replies: 1 · Views: 15

Incandescent
Posted on: Today, 17:57


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QUOTE
TFL saying they won't refund that charge for unused day and I have to pay the £80 PCN.

Was this via an phone call, or have you already submitted reps to them ?

If they were reps then the next stage is London Tribunals with the full PCN penalty in play, which I assume is £160. Your situation may win at LT, but unfortunately you'll have to gamble the full amount, (or nil if you win, of course). Paying the £80 gives certainty of outcome, going for an appeal means you may have to pay an additional £80.

Can you be more forthcoming on how you managed to make the date mistake, as I suspect any adjudication will hinge on this so we need to know so as to give meaningful advice.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480341 · Replies: 3 · Views: 32

Incandescent
Posted on: Today, 12:35


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QUOTE (ClEVERBOY @ Wed, 24 Apr 2019 - 12:34) *
Please don't start feeling sorry for Council or its Wardens. They have no sympathy for us and are using drivers and residents as cash cows.

I don't think the regulars on here have any sympathy at all for the councils, as they are absolutely coining it by Act of Parliament. I do have a bit of sympathy for the CEOs who, unlike the old traffic wardens, are not allowed to use discretion. In the old days, a warden would sometimes come across a car parked in the wrong place and if the driver was present, he would be asked to move on immediately, and no ticket would be issued. Now we have the "Licence to Print Money" system, councils make sure their CEOs issue tickets like confetti, and threaten the sack will come to those who don't. Nothing in writing of course !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480227 · Replies: 16 · Views: 240

Incandescent
Posted on: Today, 11:16


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OK. so if you are up for a double-or-quits gamble, don't pay but stand your ground and submit reps on the basis discussed here, and eventually leading to London Tribunals.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480209 · Replies: 12 · Views: 110

Incandescent
Posted on: Today, 09:59


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This thread illustrated the money grubbing that goes on in councils. Most people just sigh and cough-up not knowing the law or about this forum.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480190 · Replies: 16 · Views: 389

Incandescent
Posted on: Today, 09:56


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QUOTE (stamfordman @ Wed, 24 Apr 2019 - 08:30) *
Looks like you stopped short for some reason and had room to exit the box so no contravention and it was quite short anyway.

Why did you stop and not move up behind the car in front?

+1
The contravention is one of having to stop in the box due to the presence of stationary vehicles (in front of you). So, on the face of it, the video shows no contravention, but whether an adjudicator will accept this is another matter. What is certain is that the council will not give way if you subit reps on this basis.

The fact is, from the video, you did not have to stop as there was room for you to exit. The only puzzle is why didn't you ? Do you understand the restriction imposed by a yellow box junction ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480188 · Replies: 12 · Views: 110

Incandescent
Posted on: Yesterday, 21:20


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I wish you success with your application.

Quite where you got the impression that the Congestion Charge administration send out individual invoices for all vehicles entering the zone I do not know. There are thousands entering the zone every day ! Of course one can set up an auto-pay account and regulars do this.
Anyway, if you don't already know it, you can pay the charge in advance and up to midnight of the day following entry into the zone. Any payment made after this cutoff does not get applied retrospectively, it is held for a future entry. So a PCN will eventually be issued for an unpaid charge. The same, virtually identical, system is used for the Dartford Crossing (bridge and tunnels), and for Merseyflow, the new bridge across the Mersey at Runcorn.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480113 · Replies: 16 · Views: 304

Incandescent
Posted on: Yesterday, 21:12


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They refer to the council sending the enforcement documents to a previous address. The address used is that on your V5C vehicle registration document, and they obtain this from DVLA using an on-line application that takes a few seconds. Once obtained, the address is used for sending the PCN, Charge Certificate, and Order for Recovery. The bailiffs, of course, are very diligent and have tracked you down to an address which I suspect is not on your V5. Their livelihood depends on this diligence.

You have yet to come back on Stamfordman's question on the address on your V5. OPs failing to update their V5 after a move is very commonplace on threads on this forum. Also many people fail to set up mail redirection.

SO what can you do now, apart from pay-up ? The only avenue open to you is to submit an Out-of-Time Statutory Declaration stating that you did not receive the original PCN. This is free to submit, but can be opposed by the council, and will be. Therefore you need something substantial to explain why the documents went to the wrong address. Some cases occur when the V5 has been sent away to DVLA for address update and the PCN was sent around the same time. In this case the matter can be reverted with relative ease, (but not easily !!). However we see so many cases where people move and never get round to updating their V5 and are one day shocked to get bailiff letters asking for very large sums of money. In other cases, the address has a slight error but it is sufficient for letters to go astray. We have seen these as well, and again, it is troublesome, because the V5 holder is responsible for having a correct address on the V5. There are rare cases where the council has incorrectly transcribed the address after getting it from the DVLA, but these are very rare.

So, what are your V5 circumstances in relation to this matter ?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480105 · Replies: 15 · Views: 162

Incandescent
Posted on: Yesterday, 19:35


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QUOTE
He got it the other day whilst out in Bolton and its for parking over a dropped kerb, he reckons there was a dropped kerb on the opposite side of the road but where he was parked wasn't really dropped properly.

And now we see the council photos.

Should have gone to Specsavers !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480083 · Replies: 7 · Views: 171

Incandescent
Posted on: Yesterday, 13:51


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Address correct on the Charge Certificate, yet the PCN, which would have been sent first to the same address was not received.

OP, have there been any problems before with mail delivery ? Anything that might have caused the original postal PCN to have gone astray ? Reason to ask, is that the Order for Recovery is also sent by mail, and you must receive this as when it is sent, a 28 day period is allowed for you to submit a Statutory Declaration. The form to do so is usually included with the OfR.

The CC is dated 4th April, so it's now around the time they can register the debt at the TEC, Northampton, so they can issue an Order for Recovery. It is therefore important you keep a close eye on things and don't just wait around for the OfR. I would contact the council every week to find out if they have registered the debt yet.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480004 · Replies: 3 · Views: 41

Incandescent
Posted on: Yesterday, 13:41


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Newham are well known on this forum for being probably the most venal and rapacious of all the London councils, towing for the most trivial things, so much so that one has to ask whether there is some fiddle going on. They will never release their tow company contract, but if it is on the basis of paid per tow and nothing else then it is obvious.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1480000 · Replies: 6 · Views: 125

Incandescent
Posted on: Yesterday, 10:35


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It is now a no-brainer to take them all the way to London Tribunals as you've already paid all there is to pay and it will cost nothing extra. Basically your appeal will need to centre on the disproportionate penalty of towing. A simple error like this should not lead to a £265 penalty. However, first you must appeal to Newham, and only when they have rejected your reps can you register an appeal at London Tribunals.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479957 · Replies: 6 · Views: 125

Incandescent
Posted on: Yesterday, 10:24


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I would fight this one as it is quite clear they are just moneygrubbing here. The space you parked in, (one of two) is too short to hold a coach and the "S" of coaches just intrudes into the bay line. It's clear this was once for coaches, but since they painted the large yellow hatched area, these two spaces no longer hold a coach. However, such is council greed for cash these days, you might have to take them to adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479950 · Replies: 9 · Views: 128

Incandescent
Posted on: Mon, 22 Apr 2019 - 22:19


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QUOTE (The tourist @ Mon, 22 Apr 2019 - 22:18) *
Basically I own a medium sized camper van, on Sunday 21/04 I went into the brierdene car park, no meter at the gate and sign said free car park.

Now there was plenty space to choose from but as my vehicle is longer I felt that parking in the 'car' section was not right as I'd take up 2 spaces. At the back of the car park is 10 coach spaces and 1 smaller space. The 10 coach spaces had 'coach parking only' painted in them so I figured as this area was completely empty I'd park in the smaller space, specially as it was too small for a coach.

I returned 2 hours later and found a PCN on my window with a £70 fine😡

Now firstly what I've found out is that code 91 that was on the ticket is for motorcycles
There was technically no markings on the space to say not to use it
It was a free car park that was quiet with no coaches in that day.

Can anyone keep my right and point me in the right direction to protest the fine

I do have pictures I can upload

We can when you post the PCN and photos
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479902 · Replies: 9 · Views: 128

Incandescent
Posted on: Mon, 22 Apr 2019 - 22:09


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Unless a sign specially exempts Bank Holidays from the restriction, it applies on all listed days on the sign including Bank Holidays. However some councils don't enforce on Bank Holidays, but if you take a chance and get a ticket you've only yourself to blame. Best not to gamble, especially in London where huge sums are gained through parking enforcement, so huge as to allow blanket coverage by patrols 24x7 365 days a year.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479900 · Replies: 9 · Views: 171

Incandescent
Posted on: Mon, 22 Apr 2019 - 15:44


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QUOTE (Pat123 @ Mon, 22 Apr 2019 - 15:50) *
The other question that I had was that Reading borough council allows one to send the representations online, but it seems to only allow for a pre-populated list of responses which is strange. I have not submitted the representation yet, but I am given a list of reasons to choose from with no space to type my own reply. Since it is likely that most councils use a common platform for the same, can anyone confirm that one is allowed to type their own response in the later screens?

You could show is, but be aware that you have to pick from one or more statutory grounds of appeal. This is probably what they are asking you to do.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479822 · Replies: 8 · Views: 81

Incandescent
Posted on: Sun, 21 Apr 2019 - 23:21


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QUOTE (Aiden @ Sun, 21 Apr 2019 - 23:39) *
Thanks All. I appreciate your reassurance.

I guess I'll wait for the Notice of Owner and go from there?

Just as a side note, the notice of owner will be sent to my mum as she's the car owner but she lives at the same address as me.

The informal appeal, I had done on my name. Will this cause any issues?

Your mother will have to formally declare that you are her representative, but do note that responsibility for payment/appeal remains hers
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479754 · Replies: 5 · Views: 134

Incandescent
Posted on: Sun, 21 Apr 2019 - 23:17


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QUOTE
Two dodgy PCNs in two days are Newham on a cash hunt?

You bet they are ! Newham are in the Top 10 of venal and rapacious councils.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479753 · Replies: 33 · Views: 584

Incandescent
Posted on: Sat, 20 Apr 2019 - 22:59


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So, a dropped kerb on both sides, (so GSV shows), with the car parked by the one on the left side. Bang-to-rights, I reckon, unless I'm wrong about where the car was parked.

BTW, if there are fatal errors in the PCN this can trump the contravention, but an appeal on "technicalities" is usually only settled at adjudication with the full PCN penalty in play.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479581 · Replies: 7 · Views: 171

Incandescent
Posted on: Fri, 19 Apr 2019 - 18:37


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I would take them all the way on this one. Only one sign that was obscured by a bus, virtually worn-out carriageway markings, and two lanes of carriageway. The GSV says it all, really. Of course the venal and rapacious council (but might be TfL),will not accept this, so you'd need to take them to London Tribunals and risk the full PCN penalty.
  Forum: The Flame Pit · Post Preview: #1479371 · Replies: 7 · Views: 216

Incandescent
Posted on: Fri, 19 Apr 2019 - 11:35


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AFAIK the SORN applies from date of declaration, so if declared within or at end of month any rebates will only cover the months ahead, not the current month.
  Forum: The Flame Pit · Post Preview: #1479302 · Replies: 8 · Views: 237

Incandescent
Posted on: Thu, 18 Apr 2019 - 23:27


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QUOTE (stamfordman @ Thu, 18 Apr 2019 - 23:22) *
Lease car?

+1
However, 6 months is an awfully long time to transfer liability for a PCN from a lease/hire company to the lessor/hirer assuming this is what has occurred. Main thing is what does the legislation for Merseyflow say for time to issue a PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479243 · Replies: 7 · Views: 148

Incandescent
Posted on: Thu, 18 Apr 2019 - 23:22


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It sounds like the address on your V5C registration document is incorrect or out of date. All the documents including the original PCN will have been sent to the V5 address as it was shortly after the alleged contravention date. The council use an on-line facility to the DVLA to get the name and address.

We need to see what you have received or no meaningful advice can be given. So please post up what you got in the post. If it is, indeed, an Order for Recovery, you can submit a Statutory Declaration and the matter will be reverted to the original PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479242 · Replies: 37 · Views: 517

Incandescent
Posted on: Thu, 18 Apr 2019 - 19:10


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Hmm, did you never wonder why those knobbly pink paving slabs are there ? They lead to a dropped kerb at either end and as per the PCN, it is an offence to block pedestrians from crossing the carriageway there. As this is Gloucester, the PCN is for "only" £70, in London it would be £130. Of course if you pay-up within the 14 days from service, the amount is reduced by half.

So unless the PCN contains fatal errors of content, (and I don't see any), it is maybe time to take this as a learning opportunity in Life's Rich Pageant and cough-up £35 !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1479215 · Replies: 2 · Views: 88

Incandescent
Posted on: Thu, 18 Apr 2019 - 18:39


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Well, have a read of it: -

https://www.legislation.gov.uk/ukpga/2004/18/contents

Do be aware that a lot of stuff in it has yet to be implemented, and may never be implemented due to the political row it would cause. It's a typical product of the last Labour government. Part 6 is the one of most interest to this forum.

QUOTE
Civil penalties for road traffic contraventions
(1)The appropriate national authority may make provision by regulations for or in connection with..........
(my bold, and underline)

So far only London is affected, hence swingeing penalties for yellow box junctions, barred RH or LH turns, etc
  Forum: The Flame Pit · Post Preview: #1479210 · Replies: 11 · Views: 237

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