It looks like you have been clamped and ticketed by a private company. The issues you have raised relate to P C N ' S issued under decriminalised parking enforcement by local authorities so it won't apply in your situation.

Your only redress now would be to take action in the small claims court. I would suggest you do a search of this forum to see what action you will need to take, but if you haven't done so already I would get photos of the area where you parked and the signage on display and then post these in this thread so members can assess the wording they have used.

I would also suggest posting this over at www.pepipoo.com as motoring/parking matters are their speciality.

Another option is to appeal against the sentence.

Hi Rob,

 

what is Notice to Owner? I have received only a P C N with an image of my numberplate.

 

What else can I do?

 

Thanks

Matt

Matt,

The Notice to Owner is the document that usually follows the P C N, though some P C N 's are also the NTO for certain offences (which escape me right now). If you can scan the P C N, remove all personal details and post it on here it would be helpful. Hopefully you have also gone to the other site I posted too to seek advice.

Had the yellow lines been painted at the time you were issued with the P C N ?

Quoting a case which only went to the small claims court as if it sets a precedent is very disingenuous. The verdicts in small claims courts do not set a legal precedent.

I thought you only had to supply "contact details"? As such I would have thought your name, insurance company and policy number would suffice as "contact details". I certainly would not want to supply my home address and phone number to someone whom I may consider to be threatening.

Crem,

It's covered by section 170 of the Road Traffic Act and it is very specific as to what you have to supply. You don't have to supply a telephone number though.

170: Duties in case of accident

Duty of driver to stop, report accident and give information or documents.

(1) This section applies in a case where, owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs by which - (a) personal injury is caused to a person other than the driver of that vehicle, or

(b) damage is caused - (i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or

(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.

(4) A person who fails to comply with subsection (2) or (3) above is guilty of an offence.

(5) If, in a case where this section applies by virtue of subsection (1)(a) above, the driver of the vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act -

(a) to a constable, or

(b) to some person who, having reasonable grounds for so doing, has required him to produce it,

the driver must report the accident and produce such a certificate or other evidence.

This subsection does not apply to the driver of an invalid carriage.

(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver -

(a) must do so at a police station or to a constable, and

(b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.

(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence, but he shall not be convicted by reason only of a failure to produce a certificate or other evidence if, within seven days after the occurrence of the accident, the certificate or other evidence is produced at a police station that was specified by him at the time when the accident was reported.

(8) In this section "animal" means horse, cattle, ass, mule, sheep, pig, goat or dog.

It's all here:-

Apply to request information from DVLA vehicle records (V888) : Directgov - Do it online

And here:-

How to request information from DVLA records

If you report it to police you could say you were fearful of being assaulted which is why you didn't give the full details.

How did you pay the fine? Was it by cheque or credit/debit card? have you checked to see if the payment you made actually cleared your bank account? Did your licence come back with an endorsement added in respect of the offence?

Have you received a Notice to Owner on this one from the council? And have you been able to view the CCTV footage?

I would also suggest going to www.pepipoo.com and posting there. You will be asked to post up the P C N in its entirety as it is possible that it may have irregularities.

You can get the info from DVLA, but the guy who hit you is obliged by law to supply you with his name, address, the reg number and the name and address of the owner of the vehicle if it doesn't belong to him. If he fails to provide any of this information then you should report the accident to the police as soon as possible and advise them of his failure to supply you with the relevant information. If you were injured in the accident then he should also supply you with his insurance details.

The easiest way to check is to get a HPi check done and that will show if there is anything shown in relation to outstanding finance on the bike. If you still have your loan agreement that should confirm the exact position as well.

No, there is no way it can be removed. The only thing that can be done relates to if a person is still disqualified (and they were disqualified for more than 2 years) and they can apply to the court to get the disqualification removed early. But the endorsement will stay on for the full term.

I would suggest popping across to Pepipoo and asking them as speeding is their speciality. The rules are slightly different up in Scotland so they will best be able to advise you how to deal with it.

Have you asked them for photos of the driver to assist you with identifying who was behind the wheel at the time? If you haven't it is worth asking, but be careful to word it so that you don't use "evidence" but " a photo to assist me in identifying who was driving the vehicle at the time".

Most bus lanes are painted red, so to paint it green would cause confusion. Why have they not stuck to the normal colour that is used in the vast majority of bus lanes?

The PCN should be issued within 28 days of the alleged contravention but it can be extended to 6 months in certain circumstances, but your PCN is well outside of this. What legislation has the LA used to issue the PCN?

Just a quickie, but I am not sure if the local authority can actually deal with a section 33 offence by means of a fixed penalty. They can for a section 87 offence, but then they have no power under that offence to require the registered keeper to name the person who depositied the controlled waste.

Also bear in mind that littering is still a criminal offence so the burden of proof is beyond reasonable doubt.

Sending out an FPN to the registered keeper is against Defra guidelines, and to try and say that it was controlled waste that was deposited is a nonsense. Take a look at the attached link as it relates to a very similar case. I started the thread on this site to assist a colleague at work.

FPN For Littering - Cigarette Butt Thrown Out of Window, Allegedly. - FightBack Forums

You should see all you need to know about this here. The local authority are trying to be crafty by describing the litter as controlled waste because there is a requirement to name the person responsible under this legislation.

On Directgov.uk it states the following:-

UK birth and adoption certificates

UK birth and adoption certificates are also acceptable, however, as they’re not absolute proof of identity, they must be accompanied by one of the following:

• National Insurance card or a letter from the Department for Work and Pensions containing your National Insurance number
  
• photocopy of the front page of a benefits book or an original benefits claim letter
  
• P45, P60 or pay slip
  
• marriage certificate or divorce papers (decree nisi or absolute)
  
• college or university union card or school record
  

If you don't have a birth or adoption certificate, or the one that you have doesn’t show your full name or country of birth, contact your local registry office.

Identity documents and photograph criteria : Directgov - Motoring

So you should at least have your NI card.

Only TFL bus lanes allow motor bikes this is clear on the signs (they now have a motor bike picture on) local authority bus lanes do NOT allow motorcycles.

That is incorrect information. City of Westminster allow motorcycles to use some bus lanes:-

Transport and streets:Bus lanes

And so do the Royal Borough of Kingston upon Thames:-

Parking and Traffic Appeals

There may be other boroughs allowing motorcycles into bus lanes too.

I don't have any suggestions for you, so hopefully someone will be along at some time who can advise you. But you could google "fightback forums" and then go to the site that somes up as they specialise in motoring matters and have dealt with plenty of congestion charge issues and subsequent tribunals and other actions.

It's only the TfL bus lanes that have been opened up to motorcycles. There are many local authority controlled bus lanes in London that are still the same as before i.e for buses, cycles and taxi's only. You can get full details of what lanes can be used here:-

Motorcycles in bus lanes | Transport for London

I would suggest you do a Google search on "fightback forums" and then go to the site that the search brings up. They have many who have a lot of expertise on speeding matters and would be able to give you good advise.

I am not saying that CAG isn't able to provide that, but the fightback forum site specialises in motoring matters.

2. Combined Parking solutions v S J Thomas 2008, which states the defendant denied or never stated he was the driver but the court found on the balance of probability he was and found in favour of the plaintiff.

 

What the relevance of this is to me I don't know. It doesn't alter the justice of my case which I want to defend on different grounds,

 

This case is of no relevance as it was a county court case, so no legal precedent has been set.

What council was it? And are you able to scan and post all the documents that you have got from the council?

I would also suggest googling fightback forums and posting your story on there for advice.

I have been dealing with my father's local PCT over the issue of who pays for his nursing home costs. The original decision of the PCT was flawed and I asked them to provide me with details of the qualifications of the panel that assessed my father, especially to see if any had supplementary qualifications in the field of care of the elderly and dementa/alzheimer's. I wanted to find out if the panel were suitable qualified to make decisions on my father's helath needs. The PCT refused to provide this information.

It certainly made me wonder what they were trying to hide.