5 PCN's in one week - help

[gstanny]

sorry wrong thread

Edited November 25, 2010 by gstanny
wrong thread sorry

[Jamberson]

Yes, take them up on the offer and see what you can negotiate. It's only verbal - you can't be bound to anything and don't have to agree to anything there and then.

 

Be sure that they will speak to you though, and not the owner of the vehicle.

[functions]

hi jamberson,

 

thanks for the advice. i've sent an email on behalf of the driver asking them for the review they mentioned. we'll see where they take it from here!

 

thanks lovely people

[green_and_mean]

What ever you do, do NOT agree to pay the first PCN as a it seems like a bargain! The PCNs are unenforceable and they are trying to coerce you into paying without admitting they are wrong.

[functions]

ahh, i see! i thought they may be going for the "alright we didn't get a chance to tell you off first time before you do it again" kinda thing.

 

thank you green and mean!

[green_and_mean]

ahh, i see! i thought they may be going for the "alright we didn't get a chance to tell you off first time before you do it again" kinda thing.

 

thank you green and mean!

 

They are offering to cancel all PCNs received within I think 14 days of the 1st one as a gesture of goodwill, there is a page on their website about it. I would take them up on their kind offer providing it doesn't rely on paying the 1st one. Its been a while now they should have given you a notice of rejection they are obviously not that confident in there position.

[functions]

right, the council have issued a response with regards to one ticket. the main bit:

 

"i have noted your comments and i would advise you that your grounds for representations against the pcn have not been established as only bicycles, buses and hackney carriage (where stated) are permitted to use bus lanes. bus lanes are enforceable 24 hrs a day, 7 days a week, unless signs are accompanied with a time plate.

 

The bus lane is clearly signed and also indicates that cameras are in use. this letter is issued as a formal Notice of Rejection under the Traffic Management Act 2004"

 

the discount is available (£30 if paid within 2 weeks) or i can still appeal as they've included the form. any advice? they're not going to chase for all the other tickets are they? if it's just the one then i think that's a huge success (all thanks to you guys!!!).

[green_and_mean]

right, the council have issued a response with regards to one ticket. the main bit:

 

"i have noted your comments and i would advise you that your grounds for representations against the pcn have not been established as only bicycles, buses and hackney carriage (where stated) are permitted to use bus lanes. bus lanes are enforceable 24 hrs a day, 7 days a week, unless signs are accompanied with a time plate.

 

The bus lane is clearly signed and also indicates that cameras are in use. this letter is issued as a formal Notice of Rejection under the Traffic Management Act 2004"

 

the discount is available (£30 if paid within 2 weeks) or i can still appeal as they've included the form. any advice? they're not going to chase for all the other tickets are they? if it's just the one then i think that's a huge success (all thanks to you guys!!!).

 

Appeal, appeal, appeal!!!!!!

 

The PCN is rubbish and totally non compliant they are trying to coerce you into paying and haven't even addressed the points I told you to mention.

[dw190]

Going off the quality of the PCN I would scan and upload the NoR as it will probably be a similar in quality.

[functions]

hi guys

 

i'm sorry for leaving this so late...been swamped. thank you all so much for the advice either way.

 

right so going ahead with the appeal, should i basically write out all i'd written when i first made the appeal (green_and_mean - your words) and am i right in thinking that the grounds of appeal is B: the penalty exceeded the amount applicable in the circumstances of the case? also since i'm doing it electronically, is it just a case of scanning and sending the form to the email address given?

 

sorry, i just want to make sure i get this right and proper!

[green_and_mean]

hi guys

 

i'm sorry for leaving this so late...been swamped. thank you all so much for the advice either way.

 

right so going ahead with the appeal, should i basically write out all i'd written when i first made the appeal (green_and_mean - your words) and am i right in thinking that the grounds of appeal is B: the penalty exceeded the amount applicable in the circumstances of the case? also since i'm doing it electronically, is it just a case of scanning and sending the form to the email address given?

 

sorry, i just want to make sure i get this right and proper!

 

Yes that should cover it, if its not the correct box to tick the adjudicator will still consider the points anyway but an invalid PCN should mean there is no penalty so it is higher than that.

[green_and_mean]

http://www.parking-adjudication.gov.uk/olappeals/

[functions]

heh, ty green!

 

got the message: "The webcode is you have provided is out of date. - Please appeal by post." which i guess i shall do first thing tomorrow morning

[functions]

oh! i thought i already posted what i wanted to say today...bizarre

 

anyway, the traffic penalty tribul sent acknowledgement of the appeal and stated that the case would be looked at in March by an adjudicator.

 

the council sent a letter today which states that they do not intend to contest the case. anyone have any idea what this means exactly with regards to the appeal? what about what the penalty tribunal's decision in March?

 

ty ty

[green_and_mean]

oh! i thought i already posted what i wanted to say today...bizarre

 

anyway, the traffic penalty tribul sent acknowledgement of the appeal and stated that the case would be looked at in March by an adjudicator.

 

the council sent a letter today which states that they do not intend to contest the case. anyone have any idea what this means exactly with regards to the appeal? what about what the penalty tribunal's decision in March?

 

ty ty

 

Its means basically you have called their bluff and they haven't got a proverbial leg to stand on and want to avoid the shame of being made to look like idiots at TPT. In plain english.............you've won!!!!!

[green_and_mean]

ps May I suggest you share your good news with the rest of the local cab drivers who got caught and then the local paper, I'm sure they would be very interested in the story.

 

pps A cool 150 quid saved any donations to the upkeep of the site would be very welcome however small! 8-)

[functions]

oh wow!! really?! that's amazing...i wish they could've just wrote that!

 

ty so so much green_and_mean!!

 

contribution will be made because this site has helped me incredibly

[green_and_mean]

If you consider that they issued at least 17,000 PCNs in the first couple of weeks with the same wording it could be quite embarrasing if it became common knowledge they had no confidence in winning at TPT.

[389shell]

Brilliant! I wrote a letter to my local paper telling people to beware of parking tickets received at the local Asda; I was absolutely swamped with emails!

 

Well done.

[HYMN AND MI]

The PCNs look to be invalid http://www.legislation.gov.uk/uksi/2005/2757/regulation/8/made states that the discount runs from date of service (when it arrives), the PCN states it runs from the date of notice (posting). It also states that if you don't pay they WILL issue a charge certificate notice, it should say MAY issue one. There may be more errors but you have missed out the second page. These look winable your friend could be VERY popular amongst local mini cab drivers!!

 

At last we agree on will and may!

[HYMN AND MI]

oh! i thought i already posted what i wanted to say today...bizarre

 

anyway, the traffic penalty tribul sent acknowledgement of the appeal and stated that the case would be looked at in March by an adjudicator.

 

the council sent a letter today which states that they do not intend to contest the case. anyone have any idea what this means exactly with regards to the appeal? what about what the penalty tribunal's decision in March?

 

ty ty

 

http://www.legislation.gov.uk/uksi/2005/2757/regulation/17/made

 

Disposing of an appeal without a hearing

 

17.—(1) Subject to the provisions of this Part of these Regulations, the adjudicator may decide the general procedure to be followed in connection with appeals and may dispose of an appeal without a hearing, unless in his opinion the appeal raises issues of public importance such as to require that a hearing be held.

 

(2) If either party has requested a hearing, the adjudicator shall not dispose of an appeal without a hearing unless—

 

(a)the request is withdrawn before notice of a hearing has been sent to the other party; or

 

(b)both parties have subsequently consented to the appeal being disposed of without a hearing.

 

(3) Where the adjudicator is minded to dispose of an appeal without a hearing, he—

 

(a)shall inform the parties of that intention; and

 

(b)shall not dispose of the appeal without a hearing unless and until either—

 

(i)there has elapsed a period of four weeks beginning with the date on which an acknowledgement is sent in accordance with regulation 15(1) during which neither party has requested a hearing; or

 

(ii)both parties have consented to its disposal without a hearing.

 

http://www.legislation.gov.uk/uksi/2005/2757/regulation/24/made

 

Costs

 

24.—(1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2), make such an order—

 

(a)against a party (including an appellant who has withdrawn his appeal or an authority that has consented to an appeal being allowed) if he is of the opinion that the party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or

 

(b)against the authority, where he considers that the decision appealed against was wholly unreasonable.

 

(2) An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity to make representations against the making of the order.

 

(3) An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.

 

Personally, I would go for it in view of their flawed documents. Request the hearing goes ahead, if only to consider costs and their unreasonable pursuit. 14 days.

Edited February 10, 2011 by HYMN AND MI

[dw190]

There is more than one bus lane but the one you have shown is non compliant due to the left hand sign being no where near the left hand kerb (the bus is actually driving on the footway for some strange reason) as the edge of the carriageway is denoted by the DYL and the right hand sign has an unlawful combination of a no entry sign and buses only sign it should be one or the other.

 

Bus drivers usually drive buses into purpose laid bus stop laybyes to allow passengers to board and alight at the kerb. Why would you want to say its driving on the footway?

 

 

Well done to the op.

[green_and_mean]

Bus drivers usually drive buses into purpose laid bus stop laybyes to allow passengers to board and alight at the kerb. Why would you want to say its driving on the footway?

 

 

Well done to the op.

 

Because the double yellow lines can only legally be marked along the edge of the carriageway, as the bus stop is beyond the lines and the kerb its on the footway. The road markings for buses only are also only on the outside lane which means if its not footways ANY vehicles can drive up the left hand lane, lol.