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
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  1. #1
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    speeyreidy Novitiate

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    Default Council Parking Bullies r.e No T Bar

    I have received a number of pcnicon's for parking on a single yellow line. The line does not have a T bar on the end. I have appealed against this see below

    "I am writing with regard to a penalty charge notice that I have received. The PCN no. is VW4116179A

    I would like to draw your attention to the following; the lines should be painted in accordance with Traffic Signs Regulations & General Directions 2002, part II, Paragraph 22 and as shown in the schedule 6 diagram 1018.1. If they do not comply with this then tickets are not enforceable as the yellow line is not legally enforceable. I would also like to point out that there are NO variants allowed. Therefore I would like you to review the charge

    If you uphold the charge then I will have no option other than to challenge this further in court. If you feel that you are able to have variants when The Traffic Signs Regulations and General Directions 2002, which was laid before parliament on 10th January 2003 and became law 31st January 2003 quite clearly states otherwise then I will be happy to hear your evidence in the court. I have
    enclosed a copy of schedule 6 for your perusal."

    They have however rejected this claiming that the area that my car is parked is "clearly visible". They write "Regulations state that the yellow line is enforceable as long as it is visible and appropriately signed".
    Is this correct? What should I do next.
    I have photogrphic evidence that both ends of the line do not have the T bar.

    Thank You
    Jason

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  2. #2
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    Default Re: Council Parking Bullies r.e No T Bar

    It hinges on what constitutes "appropriately signed".

    What happens after the yellow lines? Are there marked parking bays?

    It is not normal to end yellow lines with a t-bar when it continues again after a marked parking bay.

    If you don't mind my saying so, you undermine your credibility by reference to "court". The courts do not have jurisdiction here (yet - you would need to get to judicial review).

    ************************* *******************
    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.

  3. #3
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    Default Re: Council Parking Bullies r.e No T Bar

    'Clearly visible' is one of those phrases that councils trot out when they are avoiding the issue. along with ' the extent of the bay is clear'.
    Clearly visible is irrelevant. Clearly non-compliant is the point they have avoided.
    having said that many adjudications have found non-compliant lines (no (t-bars) are irreleavnt and have upheld tickets. despite the law in the TSRGD.



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