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Incandescent
Posted on: Yesterday, 21:45


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QUOTE (Churchmouse @ Sun, 17 Jun 2018 - 22:07) *
QUOTE (John U.K. @ Sun, 17 Jun 2018 - 21:51) *
For obvious reasons, notifying the DVLA of a change in one document does not enable the DVLA to change any details on the other.

You mean, because the DVLA is so incompetent that they cannot even conceive of associating an individual listed in one database with the same individual listed in another database? Yes, I see your point...

--Churchmouse

My sentiments entirely ! They could very easily include a facility to allow all addresses they hold for an applicant to be updated in one go if the applicant so chooses on his request for an address change, it's called "joined-up government", but obviously being out in the sticks in Swansea they can carry on in the same old way.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391457 · Replies: 4 · Views: 41

Incandescent
Posted on: Yesterday, 21:39


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We do see some very late bailiff actions that arise from PCNs that are not responded to by the vehicle owner, too many, frankly !

The first thing to realise is that the car you had then is totally irrelevant now, other than the fact that you were the registered keeper at the time the council asked DVLA for the keeper details by quoting the registration number. Once they have this, they don't ask again. For an unpaid or unappealed parking PCN you would expect to receive: -

- original PCN
- Notice to Owner
- Charge Certificate
- Order for Recovery
before bailiff action can commence.

If the PCN was for a traffic violation like going in a bus lane, the PCN is sent by post and no Notice to Owner is issued.

What the bailiffs are now doing is engaged in collecting money off you to pay the debt to Harrow, and also make themselves a few sovs too, to keep themselves in business. So they have a warrant that allows them to seize your goods to sell and pay off the debt, unless you pay the sum in cash. The only way to turn things around now is to submit an Out-of-Time Statutory Declaration or a Witness Statement, (for a parking PCN). Whilst this is being processed bailiff action is suspended, but the council can oppose this, so most tend to be rejected. However, you do have the option to have this refusal reviewed by a County Court judge - £100 for a papers review, and £255 for an interview with the judge "in chambers".

It is very clear from what you say that you had failed to update the address on your V5 so end up in his situation. As the sum is so little, (we see amounts in the many hundreds on here sometimes), it might be prudent to just pay it and put it down to experience and also remember to keep your V5s up-to-date in future. However see what the others say.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391454 · Replies: 4 · Views: 59

Incandescent
Posted on: Yesterday, 18:13


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Well done.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391384 · Replies: 9 · Views: 313

Incandescent
Posted on: Yesterday, 18:11


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QUOTE (Mad Mick V @ Sun, 17 Jun 2018 - 10:32) *
OP---- you look bang to rights on this one.

About here?-

https://www.google.co.uk/maps/@52.5945358,-...3312!8i6656

Lutterworth Road is long so the only real issue could be "vague location" SVW probably stands for Soar Valley Way but how would a non local know that?

In other words the PCN has to tell you where the contravention took place and if Lutterworth Road has a series of bus lanes they have not done so adequately IMO.

Not a strong ground and my advice is to pay at the discount.

Mick

+1
It's worth adding that this PCN is issued under the Civil Law and has no link to criminal driving offences like speeding etc, so don't worry yourself on this score.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391381 · Replies: 2 · Views: 92

Incandescent
Posted on: Sat, 16 Jun 2018 - 21:21


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Nothing you have told us so far gives any real grounds for a successful appeal at adjudication. However once we see the PCN things may change as these often contain fatal errors of content. However being in a rush when parking-up is never conducive to a good outcome especially in London where the streets are flooded with CEOs all looking to issue their PCN quota or get the sack.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391221 · Replies: 2 · Views: 83

Incandescent
Posted on: Sat, 16 Jun 2018 - 21:13


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Looking at this I had a quick look at my certificate from Churchill, and the relevant information is in the section "Person or classes of persons entitled to drive".

Mine has a clause "The Policyholder may also drive with the owner's permission a motor car not belonging to the Policyholder and not hired or leased to the Policyholder under a hire purchase or annual leasing agreement"

If your insurance had such cover, it would be in the relevant section on your certificate. As it's not there, you aren't covered for such driving.

Of course, if when you asked specifically about this when taking out the policy and were told such cover was included, that is another matter. However they normally always put in a get-out in the documents covering letter by saying you should examine the policy to make sure it covers your needs. Clearly in your case it doesn't ! At one time a clause like I have was always in any policy I took out, almost automatic, one could say, but the competitive pressures are now such that many insurers don't include it unless requested.

Insurance for business use is also sometimes misunderstood. Too many people think it just covers commercial travelling and use in a business they might own, but lots of people may use a car to go to a meeting at another office of their employer not realising this is business use. When my daughter got a job which involved travelling to sites, I made sure she took out business use. Funnily enough, it is not wildly expensive over a domestic policy, as when I retired my premium didn't diminish all that much, (about £40 less as I remember).
  Forum: Speeding and other Criminal Offences · Post Preview: #1391218 · Replies: 44 · Views: 2,233

Incandescent
Posted on: Sat, 16 Jun 2018 - 20:40


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QUOTE (User567 @ Sat, 16 Jun 2018 - 21:13) *
Hello,

I have just attempted to challenge the PCN online, however the following error message is received:

This box can't accept more than 1500 characters. Please reduce the text or, if your challenge is lengthy, please write to us at:
RBK Parking Services, PO Box 220, Lowton Way, Hellaby, Sheffield, S98 1NU.

If I send the challenge in writing it will arrive the day after the 14 day “reduced charged” period – Will I still be entitled to the reduced charge if the challenge is rejected?

Challenge on-line with a summary and say that the full text of the challenge is being posted. If you're worried about the discount, why challenge at all ? Virtually all informal challenges are rejected, it is one of the main elements of council gaming of the system.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391211 · Replies: 21 · Views: 518

Incandescent
Posted on: Sat, 16 Jun 2018 - 18:02


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The legislation for the zig-zags is different to that for yellow lines. Buried deep in the TSRGD is the restriction for zig-zags, but essentially the "No Stopping" restriction they convey is that lying between the two sets of zig-zags visible in the photos, the pavement is outside those hence is not subject to the zig-zag restriction. The difference is that zig-zags apply to the carriageway, and yellow lines to the road. If they want to restrict you parking there they must put in yellow lines, or ban footway parking. There have been a few previous case on here where this was the issue and the adjudicator allowed the appeals, (no doubt between gritted teeth), but the law is the law, and he must apply it.

Of course in reality, if you continue to park there they'll just issue PCN after PCN, and wear you down with the effort of appealing. There are no penalties on them for doing so, and one adjudication does not affect another.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391167 · Replies: 13 · Views: 394

Incandescent
Posted on: Sat, 16 Jun 2018 - 17:39


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On your way in there should have been a sign to indicate the other direction was a bus lane, else how would you know if you did a U-turn or entered premises along the route. No sign means you should win at adjudication.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1391164 · Replies: 3 · Views: 113

Incandescent
Posted on: Fri, 15 Jun 2018 - 20:31


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For councils using CPE legislation (Traffic Management Act 2004 and regulations associated with it), they would seem to be so totally thick and stupid that they never actually read the legislation ! What a PCN must contain is laid down in great detail. However because no adjudication determines subsequent ones, and only about 1% of people bother taking things to adjudication, they make shedloads of money by being thick and stupid !!
  Forum: The Flame Pit · Post Preview: #1390966 · Replies: 8 · Views: 196

Incandescent
Posted on: Fri, 15 Jun 2018 - 20:27


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The yellow zig-zags apply to the carriageway only, (similar to white zig-zags near pedestrian crossings), so the motorists, whilst being very inconsiderate and rude, have actually done nothing illegal. What is needed is a single yellow line adding with times the same as the no-stopping zig-zags. This does cover the whole road including footways and verges up to the property boundary. However you'll have to nag and nag the council !
  Forum: The Flame Pit · Post Preview: #1390961 · Replies: 20 · Views: 414

Incandescent
Posted on: Fri, 15 Jun 2018 - 19:56


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QUOTE (tommy2009 @ Fri, 15 Jun 2018 - 18:37) *
Thanks for the sensible advice.
I'll more or less say to them what I've said in the post.
The wife just wants to pay it but I'd rather have a go at appealing first.
Nothing ventured...
Thanks again.
Tom

Agreed, I think you're right to challenge it, but the only get-out is mitigation, and that is totally within their powers, and not one the adjudicators can rule on. They may give way, although most don't, but we do very occasionally see a ray of sunlight breaking through the black clouds of ruthlessness, venality, and rapacity, (the attributes of most council parking departments), so give it a go, and good luck !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390946 · Replies: 10 · Views: 251

Incandescent
Posted on: Fri, 15 Jun 2018 - 19:49


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QUOTE (Jlc @ Fri, 15 Jun 2018 - 16:27) *
Good (or right) result!

And how many do we see on here ? Very few. Maybe the scandal of police non-disclosure of evidence in more serious cases has percolated down to the lower orders of the justiciary.
  Forum: Speeding and other Criminal Offences · Post Preview: #1390938 · Replies: 29 · Views: 2,148

Incandescent
Posted on: Fri, 15 Jun 2018 - 11:02


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Let's hope the OP doesn't drive to Central London or cross the Dartford Bridge !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390752 · Replies: 12 · Views: 306

Incandescent
Posted on: Fri, 15 Jun 2018 - 10:59


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This is just venal and rapacious money-grubbing so typical of councils these days and is a very clear example of de minimis. However in order to get the PCN cancelled, you may well have to stand your ground and take them to adjudication, and thus lose the discount option. However ask yourself before you possibly cough-up the discount whether you really want to be trodden on like this. If it were me, I'd take them all the way.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390750 · Replies: 23 · Views: 512

Incandescent
Posted on: Wed, 13 Jun 2018 - 21:23


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Please show us the full letter with your name and address and car details redacted. The title of the letter is particularly important. Also post the PCN and tell us what has gone on as 'stamfordman' has requested.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390298 · Replies: 17 · Views: 363

Incandescent
Posted on: Wed, 13 Jun 2018 - 10:06


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QUOTE (DancingDad @ Wed, 13 Jun 2018 - 09:46) *
Glad it is back.

Whether sending proof to bailiffs would have made a difference is anyone's guess, they may well have said oooops and returned the vehicle early.
And may have sat back on legal niceties requiring you to jump through hoops.

To me, that the bailiffs are council's agents, the council is liable for any errors but I accept that may be a simplistic view.
However I would be pursuing council for all costs incurred, taxi and bus fares, time on phone, research into issue, anything I could think of.
Plus compensation. And a proper apology plus assurance that the council have no other PCNs in the system waiting to bite you.
If council want to claim that from bailiffs, that is between council and bailiffs.

+1
If it were me, I'd be wanting to screw them to the floor !!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1390084 · Replies: 27 · Views: 729

Incandescent
Posted on: Tue, 12 Jun 2018 - 17:48


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At this stage, councils invariably "game the system" like this. They state their PCN complies with the legislation which it obviously doesn't but won't say any more, (obviously !!).

Essentially, in cases like this you have to stand your ground. If you do and then appeal the Notice to Owner they tend to study these more closely as at this point they know you are serious and it will cost them money if you go to adjudication. Before you do this, (or pay up), check the whole PCN very closely for any hint of a reference to the Notice to Owner in the "submitting representatioins section". Reason I say this is because the exact words in the law are not mandatory, but if not used, the alternative must convey the same information. Total absence of any text relating to receipt of a Notice to Owner and the need to carry out the instructions on it, it, is a procedural impropriety as explained earlier, and legal grounds for cancellation of the PCN.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389941 · Replies: 14 · Views: 406

Incandescent
Posted on: Tue, 12 Jun 2018 - 11:09


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Sorry, but I don't see what is unfair ? You parked in a bay for permit holders only, without a permit, so the PCN would seem to have been correctly issued. The CPZ signs have nothing to do with the permit-only bay as explained. Of course there may be other appeal aspects that can be pursued but it's likely you'll have to take them all the way to adjudication and risk the full PCN amount as the council are very unlikely to give way
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389750 · Replies: 11 · Views: 191

Incandescent
Posted on: Tue, 12 Jun 2018 - 10:51


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QUOTE (MonkeH @ Mon, 11 Jun 2018 - 23:46) *
QUOTE (Incandescent @ Mon, 11 Jun 2018 - 21:47) *
Printing error my ar*e ! It was an error of the parking enforcement management. Clearly they never read the actual law and regulations they purport to enforce !! Having said all this, you were definitely in contravention, but they gave you a Get-Out-Of-Jail-Free card; what idiots !


You sound disgruntled at the fact I didn't get charged with the ticket. Yes I am fully aware that I was in contravention. However, if there's a slight chance I can get out of paying a parking ticket, you can be damn sure I will.

I bet you were once a parking warden.

Thanks everyone who actually helped.

Sorry, it was not intended to be read in that way, but as a comment on the extremely poor management of parking departments and their failure to know the law. Well done on getting the PCN cancelled. I am not disgruntled at all and never have been a parking warden, in fact I hate the whole setup as you'll see if you read a few of my other posts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389745 · Replies: 41 · Views: 2,956

Incandescent
Posted on: Mon, 11 Jun 2018 - 22:06


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The times on the CPZ entry signs only define the single yellow line restrictions, not any marked bays inside the zone. Far too many people seem confused on this point. If you parked in a marked bay inside the zone, you must look for the sign for that bay. It would seem you parked in a bay restricted to permit holders only. The only doubt is the fading of the "Sun" part of the days restriction. Clearly there was another day there at one time, and they have been penny-pinching and have put a stick-on label over the previous day that has fade, but is still readable.

I reckon you are bang-to-rights on the contravention but check the PCN for fatal errors of content as this can win on its own.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389642 · Replies: 11 · Views: 191

Incandescent
Posted on: Mon, 11 Jun 2018 - 21:47


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Printing error my ar*e ! It was an error of the parking enforcement management. Clearly they never read the actual law and regulations they purport to enforce !! Having said all this, you were definitely in contravention, but they gave you a Get-Out-Of-Jail-Free card; what idiots !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389635 · Replies: 41 · Views: 2,956

Incandescent
Posted on: Mon, 11 Jun 2018 - 20:26


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I can't help but think that an adjudicator will laugh the council out of his chamber if they have the cheek to attend a hearing on this. The photo of the signs is laughable, in fact it should be circulated on the internet to show what dickheads run their parking department.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389606 · Replies: 9 · Views: 241

Incandescent
Posted on: Mon, 11 Jun 2018 - 10:48


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Gamble £160 in order to not have to pay £11.50 ? Doesn't seem a prudent course of action to me !
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389417 · Replies: 11 · Views: 311

Incandescent
Posted on: Sat, 9 Jun 2018 - 22:19


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QUOTE (cp8759 @ Sat, 9 Jun 2018 - 23:04) *
QUOTE (Aquamansrousingsong @ Sat, 9 Jun 2018 - 23:02) *
You're so hilarious and thanks for being helpful. This is why we come here!
...

No one is under any obligation to admit who was driving.

For council / TFL PCNs, liability rests with the owner (assuming you're not a hire car firm) regardless of who was driving, therefore there is nothing to be lost, and much confusion to be gained, in concealing who the driver is.

Driver is irrelevant as to who has responsibility for appealing or paying the PCN, but is crucial in deciding whether a good appeal case can be made out. So before you submit any reps to the enforcing authority, make sure you have all the facts, that's all.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1389087 · Replies: 17 · Views: 362

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