Patricia Pearl - Small Claims Procedure - A Practical Guide


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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

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The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default stopped to look at map!

    I have a pcnicon from Hounslow for a contavention "(02) Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force" It was based on a video. It's a total surprise to me as what happened was that my wife and I stopped to check the map for 2 minutes and then carried on our journey. No one left the car, no one got in etc.

    I don't know what i actually stopped in, but if there is video, it will show us stopping and then driving off 2 minutes later.

    Is that really an offence? Do I have grounds for an appeal?

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  2. #2
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    Default Re: stopped to look at map!

    Can you post a copy of the pcnicon (with identifying details hidden) so that we can see if it's enforceable?

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

  3. #3
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    Default Re: stopped to look at map!

    Quote Originally Posted by ohdear2008 View Post
    I have a pcnicon from Hounslow for a contavention "(02) Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force" It was based on a video. It's a total surprise to me as what happened was that my wife and I stopped to check the map for 2 minutes and then carried on our journey. No one left the car, no one got in etc.

    I don't know what i actually stopped in, but if there is video, it will show us stopping and then driving off 2 minutes later.

    Is that really an offence? Do I have grounds for an appeal?
    Stopping for any other reason than to allow passengers in or out is classified as waiting (unless of course you are in traffic) and is a contravention where its prohibited by yellow lines.


  4. #4
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    Default Re: stopped to look at map!

    I guess I'll have to put it down to experience. Seems harsh though. Generally you get all this advice about "don't do XYZ but pull over", so instead of driving with a map in front of my face, I pull over and get £50 poorer.

    Thanks for the advice though.


  5. #5
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    Default Re: stopped to look at map!

    It is harsh and the symptomatic of the automated way this country is dealing with things. I'm sure a policemane would have been more understanding and may even have helped you find your destination.

    Don't forget tiglet's post. The ticket may have errors cauing it to be unenforceable. If you can sacn it, remove personal details, then post it here some of the experts will take a look at it.

    Mike


  6. #6
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    Default Re: stopped to look at map!

    You could always advise them that you pulled over because you felt unwell and thought you were going to be sick, obviously it would have been unsafe to carry on driving at that moment.

    After a brief respite you felt well enough to continue your journey and proceeded. Since no-one got out or entered your car it would seem plausible.

    I suggest this because although it is illegal to stop on the hard shoulder of a motorway, you are allowed under law to pull over if you feel unwell and think you might be about to vomit.

    If they still hold out for payment ask them what you were supposed to do in those circumstance, did they expect you to carry on driving, throw up and have/cause an accident.

    Mossycat

    PS Don't take it that I am suggesting that you tell a lie here, but we all feel ill from time to time don't we?


  7. #7
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    Default Re: stopped to look at map!

    Quote Originally Posted by Mossycat View Post
    You could always advise them that you pulled over because you felt unwell and thought you were going to be sick, obviously it would have been unsafe to carry on driving at that moment.

    After a brief respite you felt well enough to continue your journey and proceeded. Since no-one got out or entered your car it would seem plausible.

    I suggest this because although it is illegal to stop on the hard shoulder of a motorway, you are allowed under law to pull over if you feel unwell and think you might be about to vomit.

    If they still hold out for payment ask them what you were supposed to do in those circumstance, did they expect you to carry on driving, throw up and have/cause an accident.

    Mossycat

    PS Don't take it that I am suggesting that you tell a lie here, but we all feel ill from time to time don't we?

    Lying on a parking appeal is a criminal offence and considering the whole thing was captured on video getting hauled before the magistrates as well as a pcnicon suggesting faking illness is not really sound advice!


  8. #8
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    Default Re: stopped to look at map!

    Quote Originally Posted by green_and_mean View Post
    Lying on a parking appeal is a criminal offence and considering the whole thing was captured on video getting hauled before the magistrates as well as a pcnicon suggesting faking illness is not really sound advice!
    Which part of 'I'm not suggesting you tell a lie' didn't you understand then?

    Mossycat


  9. #9
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    Default Re: stopped to look at map!

    Quote Originally Posted by Mossycat View Post
    Which part of 'I'm not suggesting you tell a lie' didn't you understand then?

    Mossycat
    Which part of I stopped to look at a map indicated the OP was ill?? If you wasn't implying he should claim it was the case why even bother mention it?


  10. #10
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    Default Re: stopped to look at map!

    If it was only 2 minutes, can you not claim you had pulled over, THEN realised you were in a load/unload space.
    Appeal, it only takes a letter

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    If I've been helpful in anyway please tip my scales

    Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

  11. #11
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    Default Re: stopped to look at map!

    Quote Originally Posted by green_and_mean View Post
    Which part of I stopped to look at a map indicated the OP was ill?? If you wasn't implying he should claim it was the case why even bother mention it?
    Your pedantic bickering isn't helping the OP or other people who may at some future date be in the same position.

    When you learn the difference between infer and imply then you will understand why I don't need to address your inane point

    Mossycat


  12. #12
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    Default Re: stopped to look at map!

    Quote Originally Posted by Mossycat View Post
    Your pedantic bickering isn't helping the OP or other people who may at some future date be in the same position.

    When you learn the difference between infer and imply then you will understand why I don't need to address your inane point

    Mossycat

    And your advice has helped who??? There are numerous exemptions for stopping on a loading restriction none of which apply to the OP, if you really wish to help why not list them all rather than just mention a medical emergency which obviously does not apply here?


  13. #13
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    Default Re: stopped to look at map!

    Quote Originally Posted by green_and_mean View Post
    And your advice has helped who???
    Hmmm anyone who wasn't aware of that exemption, anyone who at some future date stops either on a hardshoulder or in a no stopping/waiting area and can quickly give good reason for why they have stopped.

    I was given that piece of advice years ago and it has helped me, I passed it on hoping it would help others.

    Mossycat


  14. #14
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    Default Re: stopped to look at map!

    A medical emergency is not actually an exemption from a loading restriction anyway. Councils will consider it as mitigation but will require documentary evidence such as proof of subsequent attendance at hospital or a Doctors letter.


  15. #15
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    Default Re: stopped to look at map!

    That's the beauty of it. It wasn't illness nor was it a medical emergency 'per se' it was a very brief feeling of sickness during which you felt you might vomit. Since the feeling past quickly you did not need to consult a doctor, hence no documentary evidence would be required.

    Speaking from experience I know this to be the case

    Mossycat


  16. #16
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    Default Re: stopped to look at map!

    Quote Originally Posted by Mossycat View Post
    That's the beauty of it. It wasn't illness nor was it a medical emergency 'per se' it was a very brief feeling of sickness during which you felt you might vomit. Since the feeling past quickly you did not need to consult a doctor, hence no documentary evidence would be required.

    Speaking from experience I know this to be the case

    Mossycat

    You obviously did not read my post there is NO exemption from parking restrictions for feeling ill. Councils MAY and 99.9% of the time will not accept it as mitigation unless its life threatening. Its the same as breaking down if the Council accepted everyones word for it without proof everyone would just claim to be ill or broken down.


  17. #17
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    Default Re: stopped to look at map!

    OP is new - let's not get into an argument which detracts from the issue and may put him off the forum please guys.

    All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

  18. #18
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    Default Re: stopped to look at map!

    Quote Originally Posted by green_and_mean View Post
    And your advice has helped who???

    And your advice has helped whom?


    For the OP, from what you have posted, you have committed a contravention and are liable. However, follow Tiglet's advice in post #2 and we can see if we can help.


  19. #19
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    Default Re: stopped to look at map!

    Thanks for all the help. Sorry to have provoked a few minor arguments! I'll try and get the scan together. Looking at it, the only minor detail is that the picture is timed 9:24:48 and the time of the offence 9:26. No doubt they can wind the video forward if they needed to, but does that help?


  20. #20
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    Default Re: stopped to look at map!

    I agree with G & M.

    To tell lies (even little ones) in order to escape a pcnicon is a very serious offence & just not worth the risk as you could end up being imprisoned for what originally was a minor transgression.

    Why doesn't the OP just tell the truth. That he pulled over because he was lost & needed to consult a map. You never know the adjudicator might accept such mitigation & cancel the PCN.

    Stranger things have happened



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