Bad news, I went past the sign on my way home again to see if I could get a better look. The "new" yellow sign actually says

no stopping

between

6pm - 8am

except taxis

So I now suspect that allthough this is a new sign which I hadn't noticed to until now, and there is no good reason to have this restriction, it's not near a train station or anything like that I'm probably actually going to be stuck with this fine. It does seem very unfair.

For this bay to count as a taxi rank does it need any additional road markings? or is the small sign enough? Are there any steps the council should have taken other than adding a small sign below the loading restriction one, to show that the restrictions had been changed? Is there any chance I might get somewhere appealing on the grounds that it is a new restriction which I was unaware of?

Well I checked this morning & there is a new sign, below the one I quoted above. The one above is still there, but there is now a yellow one that I think said no stopping 6pm - 8am. I'm not sure how long it has been there, it isn't on the google maps/street view, but I have to assume it was there on the day in question. So I guess I can't stop there any more. It makes no sense to have that as a clearway, it is a layby & doesn't get in the way of the traffic on the main road, but I guess that's irrelevant. It still doesn't make it a taxi rank so I should still get the ticket tossed, and the local council have cost that newsagent a customer.

Thanks for the quick reply.

I am 99.99% certain that it is not a taxi rank. I have stopped there on my way to work everyday for a newspaper for the last 3-4 years.

Assuming that this was just a mistake & I get this cancelled am I right that I can park there for a short while before 8am? That has allways been my assumption. I guess they could have changed the restriction recently, meaning it's nolonger 8am - 6pm, I'll check the sign posted tomorrow, but on google it still shows with the exact wording from above.

I have today received a PCN from the loacl council for allegedly being "parked on a taxi rank" at 07.52 22/7/11. This was a little confusing as I don't think I have ever parked in a taxi rank in my life. I've looked up the location on Google maps, and have worked out that I was actually parked in a loading bay, not a taxi rank. I was only there for about one minute whilst I was buying a paper, and the signs for this loading bay say

Loading Only

Mon-Sat

8am-6pm

No Return

Within 2 Hours

As I have allready mentioned the this happened at 07.52. Not much before 8am maybe, but enough.

As far as I can see I have 2 legitimate reasons to have this ticket cancelled when I talk to the Council.

Am I right?

I haven't been here in quite some time. Can someone point me to a thread that shows where stayed cases currently stand? I've tried to find it myself but finding the forum a bit difficult to navigate at the minute.

I haven't heard anything since my case was stayed nearly 3 years ago.

I haven't been here for quite some time. Is this thread still relevant? I haven't heard anything on my case since it was stayed back in Nov 07.

http://www.consumeractiongroup.co.uk/forum/showthread.php?73056-Redrob-V-s-Abbey/page3

OK no problem. Thanks for the advice. I'll let you know how it pans out.

So do I just send them a letter rejecting the Charge Certificate or should I give them a ring and get them to admit to me that the original PCN didn't get issued?

Parking offence was 26/3/09

I received the Charge Certificate, dated 12/5/09, on Thursday last week, 14/5/09.

I have received a Charge Certificate for £105 for ignoring a NTO/PCN that was supposedly served upon me. But this is the first I have heard of it. By coincidence the wife of a friend also had the same thing on the same day (Thursday last week) and phoned up the council. She was told that there was a computer error and none of the original tickets were sent out. They are now going to send her the original ticket with option of paying the reduced amount of £35.

This same friend claims to have seen something on the internet, Office of Public Sector Information, that states that if the offence is recorded using recording equipment rather than someone writing a ticket and sticking it on your car, that ticket has to be served within 21 days. I can't find this myself at the moment, but he has promised to give me the full web address when he gets home this evening.

Has anyone else heard of this 21 days? Should I just write to the council rejecting the charge certificate, or should I call them and get them to admit to me that it wasn't sent out and to send it now?

Likely to be at least another year isn't it? Also I suspect that even if, as we all assume, the banks do lose, isn't it likely that a "fair" figure will be agreed and we'll only get the difference.

My case at Medway CC has now been stayed. I assume it's on the courts decision not due to an application, as it states that both parties can appeal.

It's now 2 months since I applied to have the defence thrown out, but I haven't heard anything about it yet. And now today I have received a letter saying my case has been stayed. Should they not have ruled on my N244 first?

Had a letter from the court today, my case has been stayed. Should my application to have the banks defence thrown out have been ruled on first? It's now 2 months since I filled N244.

What is the success rate of getting these stays lifted, I know some have been successful and some not, but does anyone have an idea of the ratio?

I called the court yesterday to check up on my N244 application. She said it would probably be another couple of weeks. I was told 2 weeks when I filed a month ago so don't really know how reliable this estimate is. Got the usual story about backlogs and lack of Judges.

I called Medway CC yesterday about my application to have the defence thrown out, got the usual story about backlogs, but was also told that although it is being done on a case by case basis, most claims are being stayed.

I phoned the court yesterday, as it was a month since I filed my application and was told to expect to hear within 2 weeks.

Usual story about back logs, although she said they are now starting to catch up a bit so should hear in another couple of weeks.

She did say that most of these cases are being stayed, I said I didn't think Medway CC was staying them and she said it is being done cases by case, but most are being stayed.

Hi

 

Someone couldn't give me a copy of the old defence please - without any names etc

 

Then I could include it as an exhibit

PM me with your E-mail address and I will send you the copy I have.

Just the one, took it there myself. I had three copies but she only took one of them.

Well, I've filed my N244 today. Was told I should get an answer in the next 2 weeks, which surprised me, expected it to take a bit longer than that, but we'll see.

Should I be sending a copy to Abbey? I haven't done so yet, but do have an extra copy that I can send.

Well I've today applied to have the defence struck out as suggested here. This new defence denies that a breach of contract has occured but the T&C's clearly state that an unauthorised overdraft is a breach of contract, so it seems to me like a very good argument. Guess we'll see soon. Was told by the clerk that I should hear something in the next 2 weeks.

Took me ages to find the link to Abbey's current T&C's so I thought I would post it here for anyone else who wants them. I suspect they will disappear as soon as the new T&C's take effect on 10 September.

OK, filling out the form atc...

I have a question, my overdraft has varied a bit since I had the account so where it says

i) There was an express term of the agreement that the overdraft would have a maximum limit of £XXXX

Should I actuall put

.....would have a maximum limit of £1500, although this varied over time

Good, thats pretty much what I expected, just wanted to be sure. I've now managed to get some old T&C's, not quite from when I opened the account but they'll do, so I'll get this done and in the post Tuesday.

Just have to make sure I don't get my hopes up too much. It seems to me like a very good argument, and the defence seems to bear no relevance to the T&C's the account is operated under, even now as the new T&C's havent come into effect yet.

I'm seriously considering applying for Abbey's defence to be struck out as suggested in the fist post, but you say...

If you are going to use this application, you do so at your own risk.

Other than the fee, what do I stand to lose? Whats the potential downside?