Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Bernie_the_Bolt Informative Bernie_the_Bolt Informative

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    Default Here's one to make you laugh! **WON**

    Got a ticket for parking on DYLs.
    Perfectly true, I did park on them.
    They are on the junction of Funchal Road with Maderia Lane.
    In my informal reps I stated that there was no TRO for the DYLs (which there isn't).
    I also said that if the council chose to contest this point to treat my letter as a FOI request for the TRO.
    I was unsurprised to receive a rejection of the informal reps but pleased to get the TRO which quite clearly says that there are DYLs on the junction of Funchal Road and Maderia Park.
    Maderia Lane and Maderia Park are at opposite ends of Funchal Road.
    I called the LA and advised them of this and they have agreed to look at it again. I also told them that if this got to PATAS I would seek costs for a vexatious defence.
    Morons!

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  2. #2
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    Default Re: Here's one to make you laugh!

    BtB,

    I know little about how council parking rules work, other than what I've gleaned from here. It's the private parking [problem]s that I've had run ins with and which has incurred my ire.

    Out of curiousity, how did you know that there was no Traffic Regulation Order for the DYLs that you parked on, prior to requesting details under the Freedom of Information Act?


  3. #3
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    Default Re: Here's one to make you laugh!

    Quote Originally Posted by Barnsley Boy View Post
    BtB,

    I know little about how council parking rules work, other than what I've gleaned from here. It's the private parking [problem]s that I've had run ins with and which has incurred my ire.

    Out of curiousity, how did you know that there was no Traffic Regulation Order for the DYLs that you parked on, prior to requesting details under the Freedom of Information Act?
    Because it is where I live. The DYLs have only recently been painted and no consultation notices went up on the lamposts. I queried with the council and they confirmed that there was no TRO.

    My view is that when anyone gets a LA parking ticketicon, they should make informal reps and make a FOI request for the docs giving effect to the purported restriction - particularly now where informal reps have a legal status.


  4. #4
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    Bernie_the_Bolt Informative Bernie_the_Bolt Informative

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    Default Re: Here's one to make you laugh!

    Received letter from LA today confirming cancellation of pcnicon.
    This was at informal reps stage.


  5. #5
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    Default Re: Here's one to make you laugh!

    Well, that was inevitable.

    As a matter of interesticon, do a freedom of information request to find out if the council has informed other drivers who have paid their tickets that the TRO they were inforcing was in fact nonexistant.

    If they haven't I would suggest a complaint to the police

    Anyway, well done!

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.

  6. #6
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    Default Re: Here's one to make you laugh!

    The DYLs in question were the ones mentioned in this thread.
    I was parked on what I described as the 6m extension.
    The TRO for the original DYL is now in place.
    The only other pcnicon I am aware of was issued to my brother-in-law. He made no informal reps but got his cancelled at the NTO stage.

    Any ideas if the unlawful 6m extension (with the original T-Bar in place) invalidates the whole line?


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    Default Re: Here's one to make you laugh!

    I don't think so, Bernie, unless there is no t-bar (which, as you know, is rather a uncertain point anyway at arbitration since some people have lost on those grounds).

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.

  8. #8
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    Default Re: Here's one to make you laugh!

    Quote Originally Posted by tomterm8 View Post
    I don't think so, Bernie, unless there is no t-bar (which, as you know, is rather a uncertain point anyway at arbitration since some people have lost on those grounds).
    But what about S18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 ?

    Traffic signs
    18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—
    (a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;
    (b) the maintenance of such signs for so long as the order remains in force; and
    (c) in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.



  9. #9
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    Default Re: Here's one to make you laugh!

    Well, over the space that has the traffic restriction, the requirements of that section are fulfilled, they are breached over the section without the SYL/ DYL... more important is the s of the RTA that makes it illegal to put markings on the road without a regulation order...

    However, IIRC, several adjudicators decisions have found that where part of a line is invalid, it doesn't invalidate the rest of the line.

    i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

    I am not a qualified or practicing lawyer.


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE