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 can i challenge parking ticket

    can anyone help on how to challenge an edinburgh council pcnicon i was issued for parking on double yellow lines on a sunday
    there is no timing sign anywhere along the double yellows only a pay and display on the other side of the road where there are p&d bays also the double yellows do not have a bar at the end they just end before a bay around the corner. on this basis does this make it an invalid traffic order?

    on the notice to owner it has boxes to tick to make representations it says -
    this traffic order was invalid
    tick this box if you belive the parking restriction in question was invalid or illegal. this applies, for instance if the council had not followed the correct procedure for passing the traffic order. when returning this form you should enclose within the return section any relevant details.

    can i get off with it due to the DYLs not having a bar on the end?
    or since there is no sign stating the times?

    can anyone advise me what i should do now
    thanks


  2. #2
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by kungfuking View Post
    can anyone help on how to challenge an edinburgh council pcnicon i was issued for parking on double yellow lines on a sunday
    there is no timing sign anywhere along the double yellows only a pay and display on the other side of the road where there are p&d bays also the double yellows do not have a bar at the end they just end before a bay around the corner. on this basis does this make it an invalid traffic order?

    on the notice to owner it has boxes to tick to make representations it says -
    this traffic order was invalid
    tick this box if you belive the parking restriction in question was invalid or illegal. this applies, for instance if the council had not followed the correct procedure for passing the traffic order. when returning this form you should enclose within the return section any relevant details.

    can i get off with it due to the DYLs not having a bar on the end?
    or since there is no sign stating the times?

    can anyone advise me what i should do now
    thanks
    Can you scan up the ticket and the nto without personal stuff.


  3. #3
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by kungfuking View Post
    can i get off with it due to the DYLs not having a bar on the end?
    or since there is no sign stating the times?
    As far as I know, DYL are 24/7 therefore do not require a timeplate as there is no time to specify. The missing T bar may be of some significance and our more knowledgeable members on council PCNs should pick on this shortly.


  4. #4
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    Default Re: can i challenge parking ticket

    Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though. Post up the pictures as asked and get the TRO


  5. #5
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by lamma View Post
    Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though. Post up the pictures as asked and get the TRO
    There is a judicial review regarding this matter. It appears that local authorities have been dumbing down the law ever since the idiotic de minimis ruling. In other words we can flout the law how we like but you cant attitude. This has been aided and abeted by the not so impartial adjudicators.

    The case is Glenn Dickinson v Hull City Council aims to redress this by pointing out that adjudicators have a vested interesticon by denying these appeals hence there is not a fair hearing and the rules are twisted in favour of local authorities.

    Like Lamma syas get the photies in and scan up the paperwork as this is a minfield of mistakes.


    BTW lamma did you get the email i sent you ?


  6. #6
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by nero12 View Post
    The case is Glenn Dickinson v Hull City Council aims to redress this by pointing out that adjudicators have a vested interesticon by denying these appeals hence there is not a fair hearing and the rules are twisted in favour of local authorities.
    Mr Dickinson obviously hasn't seen the figures that show a majority of appeals go in favour of the appellant then.


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    Default Re: can i challenge parking ticket

    Quote Originally Posted by green_and_mean View Post
    Mr Dickinson obviously hasn't seen the figures that show a majority of appeals go in favour of the appellant then.
    Is that also true of cases that would fall under the 'de minimis' ruling?


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    Default Re: can i challenge parking ticket

    here is the notice to owner its slightly bigger than A4 so the bottom is cut off it just has a picture of my car and the decleration

    Attached Images

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    Default Re: can i challenge parking ticket

    as for the DYLs having no T bar should i just write that in the reply or would i have to take my own picture?
    would the parking w****rs not just send the new boy out with a paint brush and yellow paint

    is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?

    the contravention is :parked in a restricted street during prescribed hours


  10. #10
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by kungfuking View Post
    as for the DYLs having no T bar should i just write that in the reply or would i have to take my own picture?
    would the parking w****rs not just send the new boy out with a paint brush and yellow paint

    is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?

    the contravention is :parked in a restricted street during prescribed hours
    Take your own pics

    can you rescan the documents mate, front and back

    Of you cant see them niether can we


  11. #11
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by kungfuking
    is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?
    You're not "just supposed to know", you're supposed to have read the highway code.

    The Highway Code




    238-252: Waiting and parking


    238

    You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see 'Road markings') when upright signs indicate a prohibition of stopping.


  12. #12
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    Default Re: can i challenge parking ticket

    here is the top and bottom of the notice to owner

    Attached Images

  13. #13
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    Exclamation Re: can i challenge parking ticket

    Quote Originally Posted by nero12 View Post
    Take your own pics

    can you rescan the documents mate, front and back

    Of you cant see them niether can we
    Nero12, I had this problem posting jpegs on my thread originally, and you asked me to rescan. I discovered that the server auto-resizes photos of a larger dimension down to an impossibly small one for viewing. I then had to repost a huge pdf (due to conversion factors via program I used) and then finally used to a zip format which was more download-friendly.

    I would suggest that the jpeg size limiter be adjusted by the adminicon.


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    Default Re: can i challenge parking ticket

    just found this on Parking FAQs

    Are yellow lines legal if they don't have a T-bar where they end?
    In accordance with the traffic engineer's bible - Traffic Signs Regulations and General Directions - yellow lines must have a T-bar where they terminate or change from double to single or vice versa. If the T-bar is missing then the line is not legal and, therefore, not enforceable. T-bars are not required where a yellow line meets a parking bay or zebra crossing as bays and crossings effectively sit on top of the yellow line.

    i guess that answers my question
    any other idea how i can get round this ticket?


  15. #15
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    Default Re: can i challenge parking ticket

    Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though.


  16. #16
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    Default Re: can i challenge parking ticket

    Quote Originally Posted by nero12 View Post
    There is a judicial review regarding this matter. It appears that local authorities have been dumbing down the law ever since the idiotic de minimis ruling. In other words we can flout the law how we like but you cant attitude. This has been aided and abeted by the not so impartial adjudicators.
    Interestingly, I have read that de minimis should always go in favour of the defendant - but I need to track the reference down again.

    IOW. Councils cannot rely of de minimis, they are required to comply with the letter of the law.


  17. #17
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    Default Re: can i challenge parking ticket

    pat, please get a job as an adjudicator



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