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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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newham council parking ticket contravention 26


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Ok people, new to this but hoping I can get away with this one!

I received a ticket for parking in a place I have parked in for years at a football match.

The part of the 26 that effects e is 50cm the kerbs.

I was parked in a dead end street and was touching the end kerb.

It meant that the was 3 cars in a line, but it was a dead end street with bollards in front?

Does it have to be the side kerb that I am touching?

IMG_0075.jpg

IMG_0074.jpg

 

its worth noting that the green jag also got a ticket...

 

Any ideas people... thanks

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Who issued the ticket... council or Private Parking Company?

 

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Looks like you were considered to be parked in the middle of the road (i.e. away from the kerb). I would imagine that you are supposed to be parked within 50cm of the kerb at either side of the road.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Yeah.. So where do you draw the line?? So a dead end street that's go 5 or 6 houses at the end, no one can park in front of? That can't be right.

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Code 26! Within 50ft of a curb!

 

Yes sorry, I miss-read your original post. Its also 'not in a designated parking space'. BTW it's 50cms not 50 ft! :lol:

 

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Yeah.. So where do you draw the line?? So a dead end street that's go 5 or 6 houses at the end, no one can park in front of? That can't be right.

 

Well the offence is specific to London but you may as well appeal making you points and see what happens.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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Oh didn't know that. If I lose the appeal, could I pay the fine, then go small claim court against council. I'm so ****ed about this!

 

Well if you loose the appeal, there is still an opportunity to take it to PATAS. Obviously if you take it that far, you will loose any discount on the original PCN (assuming you loose of course). Taking the council to court after exhausting the appeal process is of course an option but it would involve a lot of expence with little chance of success.

 

Before you ask; http://www.patas.gov.uk/

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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Cool, I will go to them next. I need photos of closes that have cars parking in at the end side. That will prove that it's Allowed! The end kerb surely however small is still a kerb, And the edge of a carriageway! Supposing I drove a smartcar? I could've parked that sideways where I parked? That would've been acceptable. Then again you could argue that the rules don't say a car must be parked sideways on the kerb... It's a flawed ticket

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Cool, I will go to them next. I need photos of closes that have cars parking in at the end side. That will prove that it's Allowed! The end kerb surely however small is still a kerb, And the edge of a carriageway! Supposing I drove a smartcar? I could've parked that sideways where I parked? That would've been acceptable. Then again you could argue that the rules don't say a car must be parked sideways on the kerb... It's a flawed ticket

 

Same rule would apply IMHO. It's the road side edge kerb that counts I think you will find.

 

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Its not just a London wide offence its in the TMA 2004 but thats beside the point. The actual contravention is parking more than 50cms from the edge of the carriageway there is no mention of kerbs in the statute. The was a key case at PATAS that stated a dead end was still the edge of the carriageway so there was in your case no contravention.

 

 

CARR V LONDON BOROUGH OF HARINGEY

Case No. : 2070469651 PCN Number: HY24262670

 

Contravention:

Vehicle parked more than 50cm (or other specified distance) from the edge of the carriageway and not within a designated parking place

STATUTORY REGISTER ENTRY:

 

 

The Parking Attendant noted all the details of Miss Carr's vehicle and recorded that this Penalty Charge Notice (PCN) was fixed to the vehicle five minutes after it was first seen. The PCN alleged that the car was parked "more than 50cm from the kerb and not within a designated parking place". The Attendant drew a sketch in the pocketbook showing the position of the car.

Miss Carr challenged the PCN on the basis that her car had been parked in a dead-end street, where she said that residents and commercial tenants used the space at the end of the street as a parking place on a daily basis. She pointed out that her vehicle was not blocking any other vehicle, and that there were no yellow lines painted in the road or any notices prohibiting parking in that space.

The Council rejected her representations, stating that her vehicle was "double-parked outside 5A Fairfield Gardens", and that double-parking is a contravention which can be enforced at any time.

In her Notice of Appeal Miss Carr rejected the allegation that her car was double-parked. She produced a photograph which she said showed her car on the day the PCN was issued, with a diagram showing the position of the car relative to other vehicles and the edges of the road. In their Case Summary the Council stated, "It is a contravention under the London Local Authorities Act 2000 to park more than 50cm from the kerb", which they said was what the Parking Attendant had recorded occurred in this case.

Whilst this contravention is commonly referred to as "double-parking", that expression does not appear in Section 5 of the London Local Authorities Act 1995, as substituted by Section 6 of the London Local Authorities Act 2000. Nor, crucially, does the word "kerb". Section 5(2) of the 1995 Act prohibits the waiting of a vehicle where:

(a) the vehicle is on the carriageway of a road and wholly or partly within a special parking area; and

(b) no part of the vehicle is within 50 centimetres of the edge of the carriageway; and © the vehicle is not wholly within a designated parking place or any other part of a road in respect of which the waiting of vehicles is specifically authorised

Looking at both the Parking Attendant's sketch and Miss Carr's sketch and photograph, it is clear that her car was parked more than 50 centimetres from the "kerb", if that is taken to mean the edge of the footway on either side of the street. It is not possible to ascertain whether or not there is an actual kerb, i.e. made up of kerbstones, across the end of the road, but this does not matter, because what is clear is that the carriageway ends just in front of where Miss Carr's car was parked. That is to say that the carriageway in this road has three edges, rather than just the normal two along the footways.

Both sketches and the photograph show Miss Carr's vehicle parked at the end of the road. In the absence of specific evidence from the Parking Attendant as to how far the front of her car was from the edge of the carriageway at the end of the road I cannot be satisfied that no part of the vehicle was within 50 centimetres of the edge of the carriageway.

Accordingly I cannot be satisfied that a contravention of Section 5 of the 1995 Act occurred. I therefore must allow this appeal.

[it would appear that the Council have been misled by their own use of the expression "double-parking", and also by choosing to use the expression "parked more than 50cm from the kerb" in the PCN itself. The wording does not accord with the Standard PCN Codes agreed by London Councils, which correctly reproduces the words of the legislation: "Vehicle parked more than 50cm from the edge of the carriageway and not within a designated parking place".]

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