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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    shippwreck Novitiate

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    Default Parking fine whilst on badly damaged single yellow line after 6pm

    Hi,

    This evening I recieved a pcnicon whilst parked. The time on the notice was just before 9. Rather than trying to explain it all, below are the pics I took as soon as I saw the notice.

    The things that I would like to point out in the pics are that the line itself is BADLY damaged, broken in places and not terminated correctly in others. There is a single sign indicating that there is no parking between 8am to 10pm (shown in the images below) however it is on a seperate line to the one that I parked on and that line is also not terminated correctly. Basically my question is that given the pics do you think I have good grounds for getting the fine recinded and if so, is there some legal template etc that I can use as in my experience these things are far more likely to go through if you give the impression you know what you are talking about ;-)

    Thanks for any help, and here are the pics (I have added connecting lines to show close ups of certain areas):



  2. #2
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Bump, anyone?


  3. #3
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Is your car the silver one pictured and if so where was the timeplate (sign) in relation or were you in a controlled parking zone?


  4. #4
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Line is clear enough. Very very unlikely to win on a lack of a termination bar as it isn't pertinent to where you parked.

    Need to see sign and the actual pcnicon.


  5. #5
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Hey,

    Thanks for the responses, yes the silver car is mine. The pic in the very centre shows my car and a black line to the time sign. The only point I will note is that due to the perspective, the sign looks very close to my car, however it is actually a good 20-30 metres away and in all honesty I didn't see the sign and assumed normal single line practice of after 6pm your safe (sign says 8am - 10pm).

    Only point I will make about the sign and the lines is that it is on a seperate line to the one I parked on and the sign is on a non terminated line... does that hold any weight? Additionally the line I parked on is badly damaged and also not terminated properly.

    I'm expecting to have to take the £60 on the chin, however I would like to make the best defense possible as it was an honest mistake! I guess really i'm asking that despite the odds what is the best argument to go with...

    Sign not on my line/on improperly terminated line?
    My line damaged substantially enough to be invalid?
    Plead forgiveness on an honest mistake charge?

    Regardless of the negative, not worth it responses, I will be making some form of representation, what i'm looking for is the best chance, regardless of ACTUAL chances.

    Again thanks for the reponses so far and any help is appreciated!

    Matt


  6. #6
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Forget the line. It is perfectly clear, with the exception of the grate area, but that is some distance in front of you car.

    The sign is clear and close enough to do its job.

    You're best bet is if there are errors on the pcnicon, and later the NtO. But regards signs and lines, they seem fine.


  7. #7
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    patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative patdavies Authoritative

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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Actually, the lines are crap and unenforceable.

    The problem is getting an adjudicator to accept previous and settled case law from before parking was decriminalised viz. Davies v Heatley.

    Sooner or later somebody will take an adjudicator's decision to judicial review and Davies v Heatley will apply and that will set precedent once and for all for adjudicators.


  8. #8
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    I agree with Pat. Lines are supposed to be clear (which these are to be fair) AND correct, ie terminated properly.

    It looks like the lines wither just fritter away or end up on the kerb at one point.

    The sign would appear to apply to a different section of road as their is a clear break bewteen the lines so I feel you have good grounds to appeal.


  9. #9
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    Default Re: Parking fine whilst on badly damaged single yellow line after 6pm

    Thanks for the reponses.

    So what i'm hearing is that you think that going on the grounds of the lines themselves is unlikely to get me anywhere, so my best bet is probably to go along the route of the sign not being on my line. With that in mind I was thinking about something along the following lines.

    "This pcnicon should not have been issued as I was parked on a single yellow line that did not have any signage indicating restrictions outside of the normal 8am to 6pm time slot. As I was parked there after 6pm I ask that you cancel this PCN."

    Cheers



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