Jump to content


  • Tweets

  • Posts

    • Hi welcome to the Forum.  If a PCN is sent out late ie after the 12th day of the alleged offence, the charge cannot then be transferred from the driver to the keeper.T he PCN is deemed to have arrived two days after dispatch so in your case, unless you can prove that Nexus sent the PCN several days after they claim you have very little chance of winning that argument. All is not lost since the majority of PCNs sent out are very poorly worded so that yet again the keeper is not liable to pay the charge, only the driver is now liable. If you post up the PCN, front and back we will be able to confirm whether it is compliant or not. Even if it is ok, there are lots of other reasons why it is not necessary to pay those rogues. 
    • Hi 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No  7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice' I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof?
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Parking code 27 (dropped kerb)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4630 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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?

Link to post
Share on other sites

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!!:)

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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:

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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
Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

 

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.

Link to post
Share on other sites

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 ....

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...