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    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
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Parking code 27 (dropped kerb)


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I've been given a ticket for parking in a place I've used off and on for years. It's next to a drop kerb, but one that isn't used as a way in to a garage or driveway. There is a garage door but it is NEVER used to gain access to the road. There is no white line or "NO PARKING' sign anywhere near it.

 

In my street which only has 14 houses, there are 4 dropped kerbs, two of which have white lines.

 

I will challenge the fine.

 

Does anyone have any helpful advice?

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Welcome to CAG jrm. :)

 

There are plenty of parking and traffic experts in this forum and someone will be only too glad to help you and offer some useful advice. They are a friendly bunch with plenty of expertise in these areas.

 

Good luck and enjoy CAG. Feel free to have a look throughout the site!!:)

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

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Not whole story from G&M

If it not a dropped kerb for a footway e.g. it as the one you describe, a driveway access. You can park across it provided you have the permission of the landowner (but not for a fee). G&M knows this.

I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

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I agree If it is a residential dropped kerb you can park with the owners permission. The idea is to stop attendants ticketing the owner.

 

One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

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One can probably assume then that the owner had not given permission then, if the Council issued a PCN or maybe you think they just issue to every car on a drop kerb and just hope its never the householder?

I cant see the attendant banging on the owners door before issuing.:eek:

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

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ok ,

how would one find out if the ticket was issued due to a complaint and not attendant error ie training issues.

 

Surely that is a bit obvious? If it was the OPs house or a friends with permission he does not need to know if a complaint has been made since he is exempt so the complaint is irrelevant.

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Exactly....PCNs are only issued to private driveways upon receiving a complaint. If this was not the case they would be dishing out hundreds of PCNs a day.

Not a complaint - a request to enforce. Big difference.

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It makes no odds he either was entitled to park there or not regardless of any complaint or 'request to enforce'.

so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

Edited by nero12
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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

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so an attendant is within his rights to place a ticket on my car which is parked on or adjacent to my dropped kerb.

 

Yes a PCN can be issued just as a PCN can be issued to any vehicle on a yellow line. Obviously to save dealing with thousands of appeals Councils try to avoid issuing to vehicles that are exempt from the restriction.

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then the next question would be, whats stopping an attendant issuing a rogue ticket on a single occupancy dropped kerb/driveway in a residential area which is not used and a reqest/compalint has not been made.

 

It is not a rogue PCN, it is a contravention to park adjacent to a drop kerb so the PCN is issued correctly. If the driver feels he is exempt due to having been granted prior permission to park (or owns the house) then he can appeal.

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I already stated Council policy was usually to only issue on receipt of a complaint (or 'request to enforce' for the pedantics out there). If a PCN was issued the only defence would be the contravention did not take place ie you had permission, there are no grounds in that the Council was not asked to enforce. The law does not differentiate between different types of drop kerb so for a request to be a requirement of the contravention would not be possible for many types of drop kerb.

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

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Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to do this ....

 

Maybe they don't have to be able to tell the time for this one, but they do have to be able to count to at least 2, which for some CEOs may still be a challenge too far. :D

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Many types ? ?

"The new legislation refers to two different types of dropped kerbs; (a) the enforcement of a dropped kerb where a vehicle is obstructing pedestrian access, (b) the enforcement of a single occupancy driveway for residential premises. However in respect of the single occupancy driveways, enforcement action can only be instigated at the request of the occupier of the premises."

 

And all they have to do is load the PDAs with the correct info so the CEOs know which ones to enforce.

Can't a trained CEO recognise "a single occupancy driveway for residential premises." and then check the relevant information ?

they don't have to tell the time to so this ....

 

Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

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Wrong again I'm afraid any drop kerb can be enforced including multiple occupancy and shared drop kerbs which do not require any form of request or complaint. I dont know what 'relevant information' you refer to but probably not relevant since you do not understand the law anyway.

where is the rule that requires an attendant to enforce a dropped kerb serving my own driveway?

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