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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.

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Old 3rd November 2008, 10:17   #221 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Yes, this is very important.
We are talking about non compliant and illegal warrants of execution, and orders for recovery since 2002.
All went quiet at TEC and the NCC when Wayne asked the judge to look over the compliars paperwork.
ALSO how to sign the box that states “I did not receive a response to my appeal”. (WHEN YOU GET A RESPONSE that's irrelevant...)
Sorry for spelling mistakes.
That information was provided to this case, and this has been team work from 4 parties.
Notwithstanding HOW, the forces of reaction semanticise the result, the facts are orders have been drawn up on documentations that were revoked. Get ready. This does have wide implications.
The details will be posted here, ALONG WITH the disambiguations of the manner in which it is anticipated the 'system' will resolve the issues by way of their 'circumlocution offices' Little Dorrit??
The Traffic Enforcement Centre, (TEC.) with illegally constructed warrants and orders of recovery,In the meantime...
TfL have a look at their sem-antics

http://www.logiclaw.co.uk/GLAMayor.html
TEC partially live and going now... here. click this one now, and book mark it.
http://www.logiclaw.co.uk/exposures.html
Suggestion for snipers, ensure you know what you are talking about before commenting in hypotheticals, and subjunctives.</p>

Last edited by Medusa; 3rd November 2008 at 11:36.
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Old 3rd November 2008, 10:39   #222 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

form an orderly queue for refunds !! that is massive. How can/will they try to get out of that complete mess up they have made ?
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Old 4th November 2008, 07:51   #223 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Hi All

Thank you for your replies

I suspect that they will then seek a J.R. thus waisting furthur public money.
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Old 4th November 2008, 10:09   #224 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

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Originally Posted by bmwman View Post
Hi All

Thank you for your replies

I suspect that they will then seek a J.R. thus waisting furthur public money.
I think you're right on that. I guess given the implications and the potential sums involved they would be really malfeasant if they just did an ostrich impression and hoped you'd go away.
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Old 4th November 2008, 10:43   #225 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

I think they are doing just that, and have to wonder whether they will actually attend.
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Old 19th November 2008, 02:46   #226 (permalink)
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Hi All

Well attended court yesterday what a FARCE

Firstly Hastings were appealing the wrong order! namely the order of court officer Bahlia that had already been set aside by district judge robinson however the judge overruled that saying well we no we are here for the order of judge robinson to be setaside 1st Breach in CPR. Secondly he overruled Justice Jacksons ruleing on two date issue out side London I beleave this can only be done in the House of Lords. Thirdly he overruled 6 NPAS cases and reviews bacisally overturning them. I beleave this can only be done with a Judicial Review. The judge slalomed through CPR has now given the GREEN light for councils all over the country outside of London to do just as they damed well please.

This from Medusa


Judge rules that a two date PCN as ruled by Justice Jackson, PLUS SIX NPAS rulings are all to be ignored. We have a new king of judges who rules for fools.

This implies and means he rules that the RTA 1991, only applies to Barnet, not the rest of the UK, and the adjudicators' decisions against Hastings, are all NOT as described (final) and that Justice Jackson's ruling is void for Hastings.

This also means that The High court ruling that applied to Barnet, Southend-on Sea, and Bexley, is NOT for Hastings whih is a country of its own, exempt and separate to the UK.

It has been said, in the local bars, that this judge was a special import to reach those parts that others cannot reach.

ALL this below was ignored, and CPR was slalomed through to avoid poles that had warnings, and touch those that were one sided.

CPR is no longer to be actively furthered. Furthering the overriding objective of fairness is now to be overriden in its furtherance.

Perhaps they would like to contest, controvert and prove otherwise. Nothing was admitted in a raft of questions to admit udner CPR 16,5.5. that means all was accepted, and thus one only focuses on what serves the appetite of central offices.

British LAW is one of hte best systems we have in the world! This does not say what for...
  1. From the defective PCN, to;
    1. Defective Notice to Owner,
    2. Defective Charge certificate,
    3. Filinga debt registration; on a nullity that does not trigger further enforcements, with Tec, after the High Court ruling, added to five adverse NPAS rulings and a review by NPAS, while employing expensive legal staff who know or should have known, the nullity cannot trigger enforcement, admitted in their bundle, and incontrovertibly implies post pursuit, with 'mens rea', contrary to the High Court has all the remarkable aspects of falsely representing, and misleading paperwork, within the meaning of the Fraud Act 2006 sections 1-5.
    4. Defective request to the TEC for authorisation to only PREPARE warrants,
      • Undated and unsigned,
    5. Defective Warrant, in its not having a court seal, in compliance with the law,
    6. AND most importantly and equally incontrovertible, being falsely drawn up on a document whose rule was revoked in 2002,
    7. To the informally fallacious argument (Irrelevant thesis, 'ignoratio elenchi') in the defendant's defence skeleton, that the PCN belongs to a frame, that it does not, because of being itself a nullity, in another frame of statuteswhose pursuit, enforcement, and resistance to candour in the present proceedings, discloses institutionalised mendacity by way of crafted management of presentations wholly consistent with truth in economic, economic terms. Where truth is presented without candour, in the art of “suppressio veri, and suggestio falsi”, and backed up by the iniquity of the false principle that 'Might is Right' that it is most certainly not. I refer the reader to the maxims, in footnote 3*.
    8. The entire procedural conduct of the council and its agents, has followed a clear path of wilful, and self awareness of culpability in the function of 'anticipation and expectation' where such conduct is clearly marked out in its contexts, footnote 2*, as showing appetite for revenue, and aversion for culpability, on a large scale.
I thourght the courts were thier to protect us from this sort of behavour and injustice but this seems not to be the case.
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Old 19th November 2008, 04:03   #227 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Hi All

I have just found out why I lost this case the judge was from Hastings
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Old 19th November 2008, 13:04   #228 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

I am sorry and I know how you feel because I lost in Court (thread on Pepipoo site) with a similar case.

I claimed restitution. I was helped by the legal experts and produced three cases (High Court, Court of Appeal and House of Lords) toprove that I was entitled to restitution. I was against TFL who never even turned up.

I was called in early and told by the judge that I had no case and that my case would be dismissed. I replied that I should be given the right to put forward my case. The judge said give me an example and I tried to read out one of the High Court cases where it was held that restitution was possible. The judge was just not interested and told me that I should have taken my case to the High Court.

I know other people who have one at County Court. Problem is its a lottery. My guess is that the Judge feels that he would be opening a can of worms by giving us restitution but I feel that we are entitled to just that.

I did not appeal (on a point of law) mainly due to being very busy with my work at this time.
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Old 19th November 2008, 15:18   #229 (permalink)
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an obvious and flawed 'fudgement'. maybe it needs Mr Mischon to be there to prevent a judge doing this. What next ? High Court ? This judge seems to have taken a huge risk by doing this, it should be used against him.
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Old 19th November 2008, 18:40   #230 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Its a shame to see the great 'legal experts' from CAG and Peepipoo shot down in flames again, lol! I know I should not laugh but I have stated numerous times that restitution claims are not worth the time and effort and unlikely to succeed.....but does anyone listen??
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Old 19th November 2008, 19:19   #231 (permalink)
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Moses ignored. Binding High Court. or do you believe that councils are above High Court decisions.
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Old 19th November 2008, 19:24   #232 (permalink)
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Hi Green_and_Mean

As I see it the only way this case was won was to substitute a non biased Judge with a biased judge that should have never have herd this case in the first place and that would rail road this through with total disregard for CPR, The High Court and NPAS. This case is NOT over
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Old 19th November 2008, 19:33   #233 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Quote:
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Hi Green_and_Mean

As I see it the only way this case was won was to substitute a non biased Judge with a biased judge that should have never have herd this case in the first place and that would rail road this through with total disregard for CPR, The High Court and NPAS. This case is NOT over
Glad to see you're peed off, angry and in more importantly in a fighting mood. Sounds like a travesty of justice. All the best in your fight for justice.
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Old 19th November 2008, 22:22   #234 (permalink)
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Its a shame to see the great 'legal experts' from CAG and Peepipoo shot down in flames again, lol! I know I should not laugh but I have stated numerous times that restitution claims are not worth the time and effort and unlikely to succeed.....but does anyone listen??
I hope the kind people from cag and pepipoo will treat this post with the contempt it deserves, LOL in know the peppy boys will .Green and mean your over use of the roll eyes is boring along with the dross you post.
Pull your head out of your bum mate along with a few digits!

Good luck bmwman in your quest. I for one aplaude your courage

Last edited by nero12; 19th November 2008 at 22:58.
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Old 21st November 2008, 13:01   #235 (permalink)
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Default Re: Has Anyone Reclaimed Paid PCN

Why does G&M crow that no-one listens to him? Can't imagine why that is. Anyway, I guess G&M wouldn't have been party to the Council pleading, no, begging with the Judge, that if BMWMAN was to win, then they were likely to lose 4 million quid. These women, besides looking as though they had been smacked in the face with a cricket bat (parking services all have the same look about them, clones I think), through their Barrister, effectively said to the Judge, please please please please don't find in his favour, due to our inability to even fill out the appeal form properly and our fraudulant actions, this is going to cost us millions.

This is the true reason the Judge so erred, he placed monetary value over Justice and unlike the Council, at least BMWMAN can hold his head high and with dignity. An appeal is likely however i'm sure BMWMAN would appreciate our help if he does so.
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Old 21st November 2008, 13:17   #236 (permalink)
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Thank You johno 1066

I am looking at the possibilities of appealing the Judges decision but under stand it will have to be in the High Court. However I am just about to email Caroline Sheppard at TPT to get her thoughts.

Will keeps you posted
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Old 21st November 2008, 22:08   #237 (permalink)
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I hope the kind people from cag and pepipoo will treat this post with the contempt it deserves, LOL in know the peppy boys will .Green and mean your over use of the roll eyes is boring along with the dross you post.
Pull your head out of your bum mate along with a few digits!

Good luck bmwman in your quest. I for one aplaude your courage
Where does courage come into it?? The guy is spending hours of his own and others time and money arguing over a fine for a few measley pounds, not fighting in Afghanistan or battling a terminal disease. I think stupidity would be more apt for word to descride anyone daft enough to spend so much time and effort just because he feels hard done by cos his PCN only had one date on. I would be slightly more understanding if he hadn't actually committed the contravention but he did. You are never going to win when will you wake up and realise that, the Council has no money of its own all the money it has belongs to you. All the hours wasted by Council staff on this are paid by YOU, the money refunded comes out of YOUR pocket. You will never stop Councils enforcing parking. If you wish to spend hours trying to get people you don't even know off parking fines that 9 times out of 10 they probably deserve them, thats your choice. Personally I consider in a society where people are dying because they are denied medical care they need because of the costs, hundreds are losing their homes to banks every week and soon we will all be treated as terrorists in our own Country with the introduction of compulsory ID cards and a national DNA database....I think there are slightly more important battles to fight.
I'm sure if someone had parked across your drive all day or constantly parked on the zig zags outside your childs school you would be just as forgiving as you are on here but some of us actually have some respect for others and the highway code and are happy to see those that don't, get punished. Why stop at parking, why not branch out into speeding, mobile phones or drunk driving I'm sure their must be a few technicalities that can be used to keep a drunks behind the wheel.
:roll eyes: :roll eyes: :roll eyes: :roll eyes:
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Old 21st November 2008, 22:15   #238 (permalink)
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Quote:
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Why stop at parking, why not branch out into speeding, mobile phones or drunk driving I'm sure their must be a few technicalities that can be used to keep a drunks behind the wheel.
:roll eyes: :roll eyes: :roll eyes: :roll eyes:
What a complete LOB!!

The fact is that there are strict proceedures which are prescribed by law for bringing in enforceable parking restrictions or speed limits on the public highway, now the law requires that the local authorities follow the procedure and if they dont then the consequences arre that the restriction or speed limit is not valid, the same goes for signage, if the sign is not as prescribed then it is defective whether you like it or not

if the law is put inplace correctly and procedures are followed then there should be no problem , however , in cases such as this there have been errors and we may not like it but that means that there is a valid defence for persons to use

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Old 21st November 2008, 22:25   #239 (permalink)
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"hard done by cos his PCN only had one date on". Hang your head in shame G&M. You know the law on this. Burke was right, you are wrong legally and morally. I think you now face a huge credibility issue on here.
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Old 22nd November 2008, 00:02   #240 (permalink)
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Green_Mean

Unless you have something constructive to say out of my tread in future it is obvious that you support councils commiting fraud on a daily basis and this forum does not need people like you.
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