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

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  1. #1
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    Default Red routing parking space - PCN & towed (£300) LONDON

    Hi CAGicon'ers,

    I live in a CPZ in London and am having a nightmare getting a permit due to DVLA incompetencies.

    Cut a long story short I was called abroad at short notice and as my temp residents permit would run out while I was away I move the car, literally 5 spaces further up my street towards the main road and parked in an elongated 'bay' which could hold easily 3 cars. I could see no signs and presumed it was simply a few free parking spaces. These 3 spaces are very close to the junction with the main road (South Circular), but outside the CPZ.

    The bay is marked in white with no red. On the opposite side of the road its a single red line red route.

    Turns out it's marked with a sign as "Red Route Parking" with restrictions on when you park there. I obviously overstayed the welcome and had to deal with my car being towed after being stored for a day (£300...) from abroad.

    My issue is the location of the only sign. This is not just me trying to get away with it on a technicality - I have lived in the street for 7 months and never saw the sign. At the northern boundary of the three spaces (the three spaces run north to south on the right hand side of the road) on the kerb there is a sign facing North and it's actually skewed a little so it faces a touch North East, making seeing it harder. From nowhere standing in the bay can you see the other side of this sign, and you certainly cannot see it approaching, as I was from the south from the direction of my house.

    Do I have any grounds?

    Thanks,

    Dan

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  2. #2
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Link to image (copy and paste) img227.imageshack.us/img227/2977/parkingqn0.gif

    The sign is the blue bit facing away from the green squares (cars).


  3. #3
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Can't get the link to work.

    With things as you describe, I would appeal that the contravention did not occur based on inadequate signage. There is a higher obligation where jurisdictions change (LA vs TfL) to have clear and unambiguous signage.

    ************************* *******************
    Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
    The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
    I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
    Many thanks for your assistance and understanding on this.

  4. #4
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Quote Originally Posted by Bernie_the_Bolt View Post
    Can't get the link to work.

    With things as you describe, I would appeal that the contravention did not occur based on inadequate signage. There is a higher obligation where jurisdictions change (LA vs TfL) to have clear and unambiguous signage.
    Does the link work if you copy and paste it into your browser address bar? it does for me.

    Thanks for that - I'll certainly appeal.


  5. #5
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Quote Originally Posted by DavidBarnes View Post
    Does the link work if you copy and paste it into your browser address bar? it does for me.
    You need to add http:// to the front of the link - try clicking this.

    http://img227.imageshack.us/img227/2977/parkingqn0.gif

    -------------------------------------------------------------------------------------------------------------------------------------
    This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.
    --------------------------------------------------------------------------------------------------------------------------------------


  6. #6
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Quote Originally Posted by pin1onu View Post
    You need to add (removed to allow me to post) to the front of the link - try clicking this.
    Yes, but unfortunately the forum blocks url posting from users with less than 5 posts, so with http in front it would not work - that's why I posted it without and asked people to copy and paste.


  7. #7
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    What you need is a photo of the bay as you approached it showing no visible signs. You also need to show no signs indicating the commencement of the red route.

    I suspect that the intention is for the bay to be on the red route but is it signed as such.

    AFAIK in an urban area it is not unlawful to park on the "opposite" side of the road and therefore any parking restrictions should be visible to motorists approaching from either direction.

    ************************* *******************
    Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.
    The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.
    I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.
    Many thanks for your assistance and understanding on this.

  8. #8
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Yes, the adjudicator takes direction of travel into account in situations such as this.


  9. #9
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Hi guys - quick update after your helpful responses above.

    TFL have rejected the appeal, and seem to have completely ignored the reasons given, quoting some boiler plate about my car definitely violating the conditions of parking. That I am not contesting!

    So now I have to go through the adjudicators process but from reading up it says that mitigating circumstances cannot be used to claim - so does my issues with sign visibility and direction of travel etc fall under one of the main categories as listed at the bottom of here:

    TMAClampRemoveEnforcement

    Thanks

    DB


  10. #10
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Quote Originally Posted by DavidBarnes View Post
    so does my issues with sign visibility and direction of travel etc fall under one of the main categories as listed at the bottom of here:

    TMAClampRemoveEnforcement

    Thanks

    DB
    It falls under the first 2 listed.


  11. #11
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Thanks Pat, appreciated.ß


  12. #12
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    No offence to CAGicon members but i suggest you take this over to PePiPoo where one knowledgable member there has an issue with validity of TFL tow-away paperwork. Worth investigating.

    Google 'fightback forums' comes up top of the list.
    -


  13. #13
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Just an update to this - I appealed to the parking and appeals service, and after my postal hearing date was set back about a week, I got a letter from TFL stating they had decided not to contest due to "improper processing".

    Bit of a catch all term so not sure if they are actually agreeing with me, but net result is £300 coming back my way.

    Thanks CAGicon'ers


  14. #14
    Ting
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Well done.

    Don't celebrate too soon though. TFL have 28 days to pay up - but - their processing of those refunds is horrendous IME. I know a case still waiting after nearly 3 months!
    -


  15. #15
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Thanks Ting - yes, I believe they allowed themselves 28 days which has already gone over in our case. The Parking & Appeals Service pre-empted this situation and told us to contact them if TFL did not cough up which we will do.


  16. #16
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    Default Re: Red routing parking space - PCN & towed (£300) LONDON

    Well over 3 months and numerous calls later we finally got a cheque yesterday.



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