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
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  1. #1
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    Default Totally, utterly confused - help please!!!

    Hi all,

    I have been given a parking ticket called a 'Standard Charge Notice' SCN not a pcnicon. It also says it relies on section 47(1) of the Road Traffic Regulation Act 1984. I challenged it but they rejected it and said they would not withdraw the notice and that i must pay within 14 days.

    I haven't had a 'Notice to Owner' form to make formal representations.

    I thought that from 31 March 2008all councils had to to follow the parking enforcement framework contained within Part 6 of the Traffic Management Act 2004, or can they choose not to?

    I'm totally confused as to whether or not i can appeal to the
    Traffice Penalty Tribunal as nothing seems to have the followed the normal course of events. Is this council taking the mick or can they do what they want?

    Help please someone.

    Many thanks

    Kholo

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  2. #2
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    Default Re: Totally, utterly confused - help please!!!

    some still use RTRA 1984. TPT not applicable. magistrate's court is route for these.. danger there..


  3. #3
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    Default Re: Totally, utterly confused - help please!!!

    How can they choose to use the RTRA 1984 - i don't understand - surely there is a legal requirement to follow the parking enforcement framework contained within Part 6 of the Traffic Management Act 2004.

    Still confused!!!



  4. #4
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    Default Re: Totally, utterly confused - help please!!!

    there is no compulsion to use TMA 2004. CPE has to be applied for (and granted), as with DPE before it.


  5. #5
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    Default Re: Totally, utterly confused - help please!!!

    Who actually issued this penalty notice?


  6. #6
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    Default Re: Totally, utterly confused - help please!!!

    City of Wakefield Metropolitan District Council

    Why?


  7. #7
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    Default Re: Totally, utterly confused - help please!!!

    It wasn't clear from your original post if it had been issued by a local authority or a private parking company who might have been trying it on. If the local authority have not opted for decriminalised parking then it effectively means that the only way you have of challenging the ticket is to go to a magistrates court.


  8. #8
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    Default Re: Totally, utterly confused - help please!!!

    Ahh i see why you asked now Rob!

    Oh well - i guess i'll have to pay up then. Bloody councils are a law unto themselves.

    Just for the sake of a full picture here, let me tell you what happened.

    I was visiting my mother's doctors surgery to hear the explanation of the coroners report on my mum's death. It's not my local surgery so i had no idea that there were any parking charges in force and i didn't expect there to be as i have never experienced that before at any surgery.

    So, i pulled up right outside the surgery and went inside. Came out half an hour later and 'bingo' - ticket! I honestly hadn't noticed any parking notices but to be honest my mind was on other things. I explained all this to the council department hoping for a little leniecy - but no luck.

    So, it looks as if my luck is out again - not been a good year so far.

    Thanks for all the advice and info

    Kholo


  9. #9
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    Default Re: Totally, utterly confused - help please!!!

    Which street was it?

    Wakefield had to refund a lot of parking tickest last year for non compliance and there are still many roads incorrectly signed which invalidates the ticket

    Mossy


  10. #10
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    Default Re: Totally, utterly confused - help please!!!

    The ticket say 'Stuart Road, Pontefract Parking Place'.

    To be honest i knew that the carpark outside Morrisons (which is on the same road) was Pay and Display but why would anyone think that outside a doctors surgery was pay and display.

    It makes no sense. I'm not skint and trying to avoid a £1.50 charge for goodness sake. If i had been aware i would clearly have bought a ticket. What ever has happened to common sense?

    Is there a way of finding out which roads are incorrectly signed or what makes them incorrectly signed?

    Cheers all

    Kholo


  11. #11
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    Default Re: Totally, utterly confused - help please!!!

    take pictures - post them up here. or better yet on tinypic and post the links.


  12. #12
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    Default Re: Totally, utterly confused - help please!!!

    Yeah i could but unfortunately i have to pay by tomorrow according to the letter i received so i'm gonna be out of time.

    Anyonw know any good stalling tactics?

    God! i'm getting desperate now - but to be honest it's just the principle more than the money now!!!!

    Kholo


  13. #13
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    Default Re: Totally, utterly confused - help please!!!

    you have probably left it too late to get a defense case together then - if one could be found. better to pay this now than to go the court I fear.


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    Default Re: Totally, utterly confused - help please!!!

    Maybe not.

    Under the 1984 Act, the driver is liable, not the RK. If you fail to pay the ticket, they will write tot he RK.

    It is usually only after a failure to pay them that a further letter requiring the driver details is sent.

    Even then, there will be time to mount a defenceto present at any court appearance.

    In truth, we need to see scanned and washed copies of all correspondence that the OP has.


  15. #15
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    Default Re: Totally, utterly confused - help please!!!

    yeah - i know - only just got back from holidayicon


  16. #16
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    Default Re: Totally, utterly confused - help please!!!

    Excuse my ignorance - but what's the RK? Is it registered keeper?


  17. #17
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    Default Re: Totally, utterly confused - help please!!!

    good point pat. my bad.


  18. #18
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    Default Re: Totally, utterly confused - help please!!!

    Quote Originally Posted by Kholoshian View Post
    Excuse my ignorance - but what's the RK? Is it registered keeper?
    yes



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