Jamberson
-
Posts
5,406 -
Joined
-
Last visited
-
Days Won
13
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by Jamberson
-
Agree with Glik. I expect a cancellation in these circumstances, but if they won't it can be fought.
-
They should have noted the vehicles which were already there when the signs went up. In which case, it's possible they will just cancel the PCN if you write an appeal. There isn't anything else you can realistically do anyway, so I would just write a short, polite appeal saying that and see what they come back with.
-
The reason the question was asked is because the Council is obliged to send those documents to you. They aren't obliged to ensure you receive them, however. Assuming you have not changed your address details at DVLA since the PCN was issued, the Council will have sent the notices to your correct address, fulfilling their obligation. You can contest this on the basis that you did not receive the Notice to Owner, or the subsequent notices, but it is unlikely to succeed as the Council will probably not believe it. (I'm not saying it isn't true - just they they will probably not think so.) You can try - it requires you submitting an Out of Time Witness Statement confirming you did not receive these documents. It's a long shot, but just about your only option. If it fails, you will be back where you are today, assuming nothing else happens between now and you submitting the forms. Is this something you are interested in?
-
That stretch of yellow line between the zig-zags at one end and the loading bay (outside Lycamobile) must have its own sign. The council cannot rely on signs governing other lengths of yellow line, even in the same street. You say the sign saying "no loading" has been erected since the Google photo - but was it there on the day the car was parked? Either way, you may have a case. First thing, ASAP, it to ask the Council for a copy of the Traffic Order for that location. This will state what the restriction should be. Then, the question is, was that restriction correctly and adequately signed? I can't see why they would put a single yellow line down on a 24/7 no-loading restiction, and in any case, the chevrons on the kerb are almost invisible in the photo, so there could be genuine confusion. Can you look into the Traffic Order and let us know what it says - also what sign was there on the day.
-
Please would you answer Michael's question - it's the most important one.
-
I don't understand this. Please could you be more specific as to dates. As I understand from the post, this signs said the suspension would have ended before you parked there. If you believed that to be the case, why would you have parked in the bus stop? Do you know the correct dates of the suspension? And what was written on the signs? What was the date of the PCN? What was the contravention code stated on the PCN?
-
I am interested in the outcome of this one. If you do go to a tribunal, please would you come back and tell us what the ruling was. It seems from what I can find online that Michael's point is correct - in essence, if any part of the vehicle is closer than 50cm to the kerb, you are not in contravention. That doesn't make sense to me, but it seems to be how the regs are worded, in which case you are not in contravention. One thing you might try meantime is calling the council's parking section and just asking if they could clarify the rules. Explain what happened and ask why you are in contravention - see what they say. It might clarify things, or it might make them withdraw the charge - you never know your luck.
-
Council PCN with wrong VRN
Jamberson replied to v5uk's topic in Local Authority Parking and Traffic Offences
I wouldn't bother writing. I don't see they would drop a PCN on the strength of a letter, or everyone would be sending them. If the OP is right, and there's no such vehicle, they will apply to DVLA for keeper details, draw a blank and write it off. -
Council PCN with wrong VRN
Jamberson replied to v5uk's topic in Local Authority Parking and Traffic Offences
You've got lucky. You don't need to do anything, and you will never hear from them again. They can only charge the person who is the owner of DB18*** - and that's not you. They can't issue another PCN with a different VRN, and they can't identify and charge you via the photos. You're in the clear. -
There is usually some kind of marking on the envelope, directing the Post Office to return it - but that's not guaranteed. It depends on the circumstances, which we don't know. If the postie can't make the delivery, usually he/she will put a sticker on the envelope, with tick boxes (addressee gone away, no such address, unable to access property, etc) and ticks it to indicate what happened. On the other hand, if it was accidentally put through the wrong house door, the recipient might have just put it back in the post box unmarked. If you are looking to question whether the council ever sent it, I have to be honest and say it's a very doubtful line of argument. Do you know for certain that both sides of the correct envelope were scanned, for example? The obligation on the council is to send notices. They aren't required to ensure you receive them. There's very little doubt that they generated and printed the letter. If they say they posted it to you, I don't really see how you can counter that.
-
You don't have any arguments, I'm afraid. The lease company were the debtors, and they settled their debt to the council. You are being charged by the lease company, so provided they are acting within the terms of the contract, there's nothing you can do. As to why their rejection notice was returned to the council undelivered - it could be one of a number of reasons, but obviously it's not impossible, as you state. For example, the postman may have put it through the wrong door, and it was sent back 'not at this address'. Or maybe they put the wrong door number on it. Who knows? Problem is, you were never the debtor, so they aren't obliged to you.
-
Expired Residential Permit
Jamberson replied to lookinforinfo's topic in Local Authority Parking and Traffic Offences
Council tax records contain all sorts of personal data about people living at the property. It's none of the business of people processing parking permits, and they don't have access to it. You have to remember your permit needs renewing, like with your MOT or your road tax - you can't rely on the council telling you. -
Athena ANPR PCN - Lidl, Eltham
Jamberson replied to AngryFromSidcup's topic in Private Land Parking Enforcement
I don't know why people take these things so seriously. As stated in the long, long email, the owner of the car knows it's just an invoice, and has no intention if paying it, and is not willing to name the driver. End of. Why spend so much time writing back and forth, picking out technicalities and so on. If they want to try and get money from you, that's their problem, and they have to worry about it, while you get on with your life. -
I've examined the photograph closely with a digital magnifier and imaging software, and the results inidicate his wheels were on the pavement.
-
PCN- Double yellow lines
Jamberson replied to Kelly123456's topic in Local Authority Parking and Traffic Offences
This is nonsense advice. "Parked in a restricted street" - code 01 - means double yellow lines. The yellow lines are the restriction. Double yellows do not need "vertical signage" or marks on the pavement. CEOs do not get paid commission. It's nothing to do with "free parking". The contravention DID occur because you contravened the Traffic Order - unintentionally perhaps, but you were still in contravention. If you take the advice and appeal on the grounds that no contravention occured you are certain to lose. You may win an appeal on mitigating circumstances, but the odds are against you. There is an expectation that motorists check what the restriction is - simply not seeing it will rarely win, and to be honest, the idea that you will win hands down at adjudication is ludicrous. You are very unlikely to win if it gets to that stage. Your best bet is to write a polite letter to the Council, explaining the situation and asking for a discreationary cancellation. If they refuse, I would pay the discount at that stage if I were in your position. -
Yeah, I get you. I was thinking more about proving the sign wasn't there at the time, rather than taking a photo to show it isn't there now. Time has elapsed since the PCN was issued.
-
The letter is a load of nonsense written by someone who thinks that if they use legal-sounding phrases, they will out-smart the system. I'll guarantee he didn't get a penny back.
-
Where would what be? I don't know if you see what I see when I click the link, but it takes me to a photo which points almost exactly at the sign. Ericsbrother says if if you take a picture of the same lamppost without the sign you are home and dry. That isn't quite the case - if you could prove there was no sign when the PCN was issued it would strengthen your case, but as mentioned, there could be another on the same stretch of line, further up. You would need to check. Chances are, the Council has a relevant photo, so if you ask for a copy you can see what sign (if any) they think applies.
-
Your link to the location takes me to the side of a road junction, and points straight at the lamppost with the yellow sign on. Was this sign missing when you parked there? And what is the contravention code/description on the PCN?
-
Based purely on the information in this thread, which may not be fully complete, the OP says, "In the council's response [to an appeal] I vaguely recall them stating they would send me info on how to appeal to the adjudicator which I intended to do. I can no longer find this response and am unsure if it was electronic or printed. I am certain I never received any follow up so forgot about it." This suggests an informal appeal was made, and if no adjudication forms were sent, my supposition is that the NTO was never received. When the OP lists documents received in his post #5, he starts with the Charge Certificate. That is grounds to make an out of time declaration, and if no Order for Recovery was received either, then he has a chance of having it accepted.
-
If Marston's are on the case, the time frame to dispute the issue of the dropped kerb is long gone. You are no longer able to dispute the original PCN. There are mechnisms by which you can contest the bailiff warrant and extra charges, but only if you have certain grounds. It is important that you find out what you have been sent - the names of the notices/documents and the dates, and also what you did each time you received them - if you can post a list on here, we may find grounds to contest it. The order of events is very important.
-
Prescribed hours means the hours the restriction is in force. In the case of double yellows, the prescribed hours are 24/7. The state of the lines is a factor. However it's important to recognise that the PCN is issued for contravening the Traffic Regulation Order (legal documents), not the line itself. So even if the line was completely invisible, a contravention still took place. The defence would be that the restriction wasn't adequately conveyed to the motorist - so check the photo and you can take your own view on whether you think it's clear enough. Personally I think it is clear that there are double yellows, and we all know what that means. The lines are certainly in disrepair, but not so bad as to cause any uncertainty over the restrictions.
-
Several parking enforcement issues
Jamberson replied to EveOwes's topic in Local Authority Parking and Traffic Offences
I don't personally know anything about TFL. If the warrants haven't been issued yet, then it's still in their hands, and the relevant Councils for the others. You mentioned emailing one of them and not getting a reply. That may give you grounds to contest that one, but to have a chance, you will need to act before the warrant is issued. Please could you post further info, eg dates of when you contacted them, etc. in relation to when they issued things to you. Visits are not inevitable, even after the warrants, provided you are in dialogue and either the Councils or bailiffs (depending what stage they are at) agree a payment plan. Therefore, a chance to avoid further charges. No, they can't force their way in, but their usual tactic is to clamp the vehicle, and if you don't pay, they can tow it and sell it. So, you don't want it to get that far. Not sure about bailiffs on TV. -
Several parking enforcement issues
Jamberson replied to EveOwes's topic in Local Authority Parking and Traffic Offences
Unfortunately, you are at their mercy. These charges never go away - they need to be addressed as soon as possible. A polite request for a payment plan and a suggested amount may get you an arrangement, but you cannot force them to agree. It sounds like it's been going on for months as it is. Maybe if you explain your position to them they will agree. In my experience councils don't tend to believe claims of financial hardship. They reason that a PCN may cost you £60 when first issued. If you then say you cannot pay £60 because you don't have it, they will tend to not believe it. They will reason that as a motorist, you must have some cash - £60 is about what it would cost to replace a punctured tyre - so they will ask themselves, if you got a puncture tomorrow, would you scrap or sell the car, since you are unable to muster the £60 to fix it. -
At the end of the day it doesn't matter how many people say they think it's crazy - you won't get a cancellation on that basis. I find it hard to believe. You were ticketed by the Council, right? I would be astonished if a private company made "all" decisions in this respect. The council surely have at least a role to play, if not complete authority over it. Nope. They are punishing you for parking where you're not allowed. Adjudicators don't apply common sense. They very much look at the legal grounds, and whether the set processes have been followed etc. I fear you will be wasting everyone's time, but it's your right, if you want to.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS