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Nige1

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Everything posted by Nige1

  1. I'd need to go and dig out the letter to be sure what was actually said, (which will be later in the week now as I have a heavy workload this week) but the fact is they did reply to all my requests for information albeit slowly. I had no reason to believe they wouldn't reply
  2. Nope. The next communication I sent them was not until 16th February which was basically a 'please use your discretion in the matter of this technical infringement and cancel this PCN' type of thing. I thought I'd try appealing to their better nature. Obviously they don't have one. Their reply to this was the" NOTICE OF REJECTION OF CHARGE CERTIFICATE " one mentioned in my post #23 above which also stated that no further correspondence would be entered into
  3. Since writing the above I've noticed that was was sent the NtO whislt I was still waiting for photographic evidence of the offence as there was some dispute as to where I was parked. ( I parked in 2 different places during the course of the day with an hour's break in between; the second place was a prescribed parking bay). Surely there must be some proceedural error in them sending an NtO and expecting me to reply within a time limit when they haven't supplied me with requested information. As I said above the NtO was dated 20th October and the photos didn't arrive until after 4th December by which point my 28 days was up. Have I got a get out there?
  4. Just out of interest as I'm fighting a PCN too, would a Letter from the council entitled "NOTICE OF REJECTION OF CHARGE CERTIFICATE" which states: "A notice to the owner was sent on 20th October 2009 and this gave you the opportunity to make formal representations to the City Council within 28 days" amount to the same prejudice? I've been letter writing back and forth since last August when the alleged offence took place asking for clarification on a number of matters? I can also go down the t-bars at the end of double yellows missing route but most people seem to think that will falil these days. This was all because I set the time clock on my disabled badge incorrectly. Also, just for clarification, could someone please explain exactly what a 'notice to owner' (NtO) is. Is it a court document or a letter from the Council or something else?
  5. Yes. It was stuck right over my tax disc in the lower corner of the windscreen. It wasn't until about 1.30 am on my way home when I stopped to get a can of coke that I noticed the PCN
  6. I assumed it was on the second visit because of the timeclock. According to the photos it's when I was parked the first time. I'm confused too and I was there
  7. Last communication was the LA sending me all the photographs they took so it was clear where I parked (I had parked in two separate locations in the same street that day). Even now I still don't have a definative 'here's your car in this position with it's timeclock set at 6pm' photo, only a collection of photos but I suppose I'm going to have to live with that. Once I knew exactly which position the PCN applied to, I went back to have a look around and take some photos of my own (one of which I posted above). That was on December 22nd. Just trying to figure out how to approach this now, so any help would be appreciated.
  8. Firstly, ridiculous or not, that is the law. I don't write them, I just try to obey them and expect others (individuals and public servants) to do the same. Secondly, the restrictions on that road end at 7pm. Why would I deliberately set my clock for 6pm when I'm entitled to 3 hours free parking? I would gladly pay the £70 PCN if it would give me back full use of my legs.
  9. I certainly do not consider it a 'loophole' If the law states something, then it must be obeyed. This is why they are persuing me for a PCN (however ridiculous I think an incorrectly set timeclock contravention is) If I can use the law to my advantage, I will because you can be damn sure they would if the situation was reversed.
  10. My badge was mistakenly set to show 6pm, although thinking about it now, the photos still only show my car parked in one position and my time clock set to 6 pm in a different photo, which 'could' have been when I was parked later. There doesn't seem to be a definitive 'here is you car parked in this position with the clock set to 6pm' photo. I'm getting very confused by all this. I can't find the actual piece of legislation that says the lines must be continuous, unbroken with a bar at each end and that there are no permitted variants. So either I'm not looking in the right place or I'm imagining that it ever existed. Any help anyone?
  11. Thanks for the reply. The yellow tinting is just my crappy camera. No photoshopping or paint whatsoever I appreciate what you are saying and whilst I made an honest mistake, it's clear that due to my disability I have a "legitimate means of parking for free" so a little bit of leeway and understanding from the council would've been nice. There are also big industrial sized bins all along that stretch of road causing more of an obstruction than I ever could along with other breaks in the line. I have photos of them too, just didn't post them Does the legislation actually allow for breaks in the line due to repairs or is it just a 'given' Honestly, I know I'm in the wrong but if they want to issue me with a PCN on the technicality of a incorrectly set timeclock then I will fight it on every tiny little thing I can find.
  12. Hi Guys, Sorry for the delay in updating postal service and xmas etc.) It appears that I was in the wrong and did set my clock for 6pm before 6pm. I am informed that the LA have checked the issueing officer's notebook and they have sent me all the pictures etc. However, now I know the position I was parked in at the time of the offince, I went back last week to check the lines, and 10 yards from where I parked I found this: You can also see the pole that the restrictions are posted on too. I believe that the ends of yellow lines need to have a bar at the end to be valid? Does anyone know of a template letter or the exact part of the regs that I can quote in my reply telling them to bugger off? (I'll phrase it better than that though) Thanks
  13. Thanks. That makes it a little easier to prove knowing that it is possible to change the times on the camera etc. I'll ask for the ticket numbers either side of mine to be checked for time stamps and see what that brings to light. I can assure you that I am not fibbing in any way. What would be the point? I have a legitimate means of parking for free, why would I abuse it especially when the restrictions ended before my 2nd 3 hour parking window? I can only assume that the officer had a quota to meet for the day and i was an easy target. I'll keep you informed
  14. I never looked at it like that. But yes! I think the enforcement officer saw my car parked earlier in the day, with a blue badge correctly displayed in a yellow line, then came back and saw me later in the day and had incorrectly set the timestamp on the camera, took a picture to show my badge showing 6pm and applied it to my earlier parking. Does that make any sense?
  15. My apologies. Parked in a restricted street during prescribed hours.(7am -7pm) first observered 15.44 Notice issued 15.49.58 However see my above post for the complications. I think someone somewhere is trying to pull a fast one.
  16. Hi all, I received a PCN from a LA even though my blue badge and time clock were clearly on display. I obviously appealed and this is where it gets interesting: On the day in question I arrived at 1.30pm, parking on a single yellow line, setting my time clock (for 1.30 obviously) I then left around 3pm ( I can't remember exactly, but certainly with the 3 hours permitted) I then returned at 6pm, parked in a designated parking bay ( restrictions are in force until 7pm). I have received a photograph showing my timeclock set to 6pm but the timestamp on the photo shows as 15.54. I am absolutely positive that I set my timeclock correctly and there must be some error on the photo timestamp. I have drafted the following letter. Any thoughts, revisions or omissions would be gratefully received. I can confirm that I was parked in [LOCATION] on [DATE] with my time clock set to 6pm as shown in your photograph. However, this was in a prescribed parking bay and in a different location to which this alleged offence relates to. It seems that the time stamp on the photograph does not match the actual time that I was parked in the location suggested. To be clear on this: On [DATE] I parked in [LOCATION], arriving at 1.30pm, setting my time clock for this time. I left [LOCATION] before 4.30pm, arriving back at 6pm, parking in a prescribed parking bay and setting my time clock for 6pm. To avoid any confusion, I have enclosed a map which I would be grateful if you would indicate the exact location that I was parked in at the time of the alleged offence and return it to me. On receipt of the clearly marked map I will consider any further action I need to take.
  17. OK, Just to keep everyone up to speed, I've mailed the letter as above and they have until this time next week to send me the documents. My 14 days to reply are up next Tuesday so I've left them no time for weaseling. I'm keeping my fingers crossed.
  18. Hi Surfaceagentx20, It was suggested that I 'test' your document above here: http://www.consumeractiongroup.co.uk/forum/legal-issues/159640-claim-form-northampton-county.html#post1709975 Whilst I can claim statute barred in this case, I think I'd like to see what happens. It's a bit strange because the claimant is actually only asking for interest, not for any part of the alledged debt. Do you think this will be a problem? Personally I can't see how they can claim interest on a debt that is barred. Thanks in advance for any help you might be able to give.
  19. Thanks for that. Pretty much what I thought. Whilst it's only sort of related this is one of numerous complaints of inaccuracy, lies and downright inability of my so called line manager to his job. I've got the Union on side so I'll get it sorted one way or another. Just wanted a second opinion so to speak. Thanks again
  20. Could I send them the letter linked above via email: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage If I understand it right they then have 7 days to produce all those docs and if they don't I could add it to my defence and still be with the 14 days for sending it back? EDIT: I've just looked at the forms again. They're actually only claiming 'part monies' and by the look of the amount they're only looking to claim the interest they see as having accrued and not the actual debt! Is this going to be a problem
  21. Hi, Here's an interesting one. I had a complaint made against me which resulted in me receiving a verbal warning that stays on my file for 6 months. It's little more than a slap on the wrist but quite honestly I didn't do what I was accused of so I appealed. I have requested additional documents from the other side to use in my defence. As yet I have not recieved anything and the clock is ticking. My employers procedure clearly states timeframes for all parts of the process. It doesn't say what the consequences of NOT doing things in the prescribed time. If the docs don't arrive in the next 3 days they are out of time under their own rules. If it was a court of law it would no doubt be thrown out but I'm unsure what to do if the documents don't arrive. Any ideas?
  22. Thanks. I'll do both and report back. I assume I just write "this alledged debt is statute barred under section 5 blah blah blah etc." ??
  23. Part only of monies due under regulated Credi Agreement no. Between Royal Bank of Scotland PLC and the Defendant which was assigned to the claimant on the Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by Royal Bank of Scotland Plc The Claimant seeks interest persuant to 69 of of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07 Any payments or queries should be directed to the claimant on: That's what it says with all the correct capitalisation and the missing 't' on 'credit'. I've obviously left out the number and the contact details.
  24. Part only of monies due under regulated Credi Agreement no. Between Royal Bank of Scotland PLC and the Defendant which was assigned to the claimant on the Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and/or the statutory Notice of Default served by Royal Bank of Scotland Plc The Claimant seeks interest persuant to 69 of of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.07 Any payments or queries should be directed to the claimant on: That's what it says with all the correct capitalisation and the missing 't' on 'credit'. I've obviously left out the number and the contact details. Whoops - sorry for posting twice
  25. Thanks for a quick response. I don't have bank statements that go back that far and it predates internet banking. I can show that I HAVEN'T made any payments for over 6 years. Sorry for my ignorance, but what is a POC? EDIT: Also, I haven't had a bank account for over 8 years and I've certainly not had any payment books sents to me.
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