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)




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)
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  1. #1
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    Default Another PCN! Contravention code 21 with pictures

    Hi all,

    Ive been issued with a pcnicon because of contravention code 21 - parking in suspension bay. Anything wrong with the sign below?? All I can think of is the sign says "OPP" instead of opposite?? Is that enough to appeal?? How should i word my PCN appeal letter. Please help.

    Many thanks

    IMAG0175.jpg


  2. #2
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    Default Re: Another PCN! Contravention code 21 with pictures

    Sorry, can't see all the wording on the sign from that angle. I take it its a council pcnicon as I can see what looks like a PPC logo.

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    Default Re: Another PCN! Contravention code 21 with pictures

    Here, i've attached it to zoom in on the notice. Hope you can help. Many thanks

    2.jpg


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    Default Re: Another PCN! Contravention code 21 with pictures


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    Default Re: Another PCN! Contravention code 21 with pictures

    In addition to the above case you can argue that the suspension is not correctly signed, the bays are not 24 hours they are 8.30 - 6.30 so the signage should clearly state the restriction is 24hrs it does state 'enforced 24hrs' but that doesn't state when its actually restricted, in addition I beleive the actual car club bays are not suspended 24 hrs causing confusion as the bays are next to each other and the signs look the same.


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    Default Re: Another PCN! Contravention code 21 with pictures

    What is interesting (to me) about that case G&M is that the adjudicator has cited Davies v Heatley;

    the fact that a sign is clear does not make it correct (see, for example, Davies v Heatley [1971] RTR 145)
    He earlier referred to the de minimis principle

    The only way in which this sign could conceivably be saved is by the application of the de minimis principle. No doubt the Council would urge me to do so, but in my view this is not an appropriate case. This is not an instance of some minor error in the size or capitalisation of the letters, or the border of the sign, or even of a single misplaced word.
    These two point give us quite a good steer on anticipating de minimis arguments and the likely thinking of Adjudicators.

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