Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • 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
      • 160 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

Just Beat Haringey after a Bus Lane Fine


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4913 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 just heard from the PATAS (Parking and Traffic Appeal Service) that my appeal against Haringey Council was successful.

 

I was issued with a fine for Driving in a Bus Lane by Haringey Council. I was only in the bus lane as I was turning into a car park! In spite of this the council reject all my appeals and I had to take my case to PATAS. I won as Haringey are guilty of procedural errors in their enforcement notices. If anyone on here has received a bus lane fine (and probably parking fine) from Haringey I would check their notices very, very carefully against the relavent acts (London Local Authorities Act for bus lanes) as you may well find that the council haven't adhered to the law.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

What were the grounds for your appeal?

How many metres did you drive in the bus lane before turning in to the car park?

Did PATAS uphold your appeal, and/or point out other errors in Haringeys

procedures. And were those errors, errors of judgement in turning down your appeal, or errors on the actual penalty notice?

Link to post
Share on other sites

My grounds for appeal were that Haringey's Enforcement notice didn't comply with the LLAA '96. The adjudicator actually granted my appeal on circumstances other than my original appeal when it became clear to him that Haringey hadn't followed the proscribed procedure. The errors were errors on the notices that they issued.

 

I have since heard that all Haringey PCN's are invalid but I don't know the reason why, I believe that you may find details at appealnow.com

 

 

I would also highly recommend that people view london parking ticket - home page in connection with parking fines. Unfortunately John Squires who used to keep the website up to date no longer runs it and so it is quite out of date BUT much of the information is still valid and the quality of the information is excellent.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

Very interested to know the exact reasons of your success & would you submit a copy of the adjudicators decision to go on the London Motorists Action Group website? also the ham & high would love to run this kind of story

 

you could post it on here as text...

 

helps a lot for other people to be able to quote case names & numbers & the Adjudicators look it up & dont often like to contradict each others decisions. Not a precedent but a persuasive argument!

 

would it work on all Haringey Bus Lane PCNs do you think - or even all CCTV?

Link to post
Share on other sites

  • 2 weeks later...

Adjudicator's Decision

 

The Adjudicator, having considered this appeal on the basis of written and personal evidence from the Appellant and written evidence from the Council, has allowed the appeal on the grounds that there was no breach of the bus lane order or regulation.

 

The reasons for the Adjudicator's decision are below.

 

The Adjudicator directs the Authority to cancel the Penalty Charge Notice and the Enforcement Notice.

 

Adjudicator's Reasons:

 

I am satisfied from the evidence before me that at 10.48 hours on 11th Nov '05 vehicle registration no. G****** was used in High Rd Tottenham. I am also satisfied that Nurselayer, the appellant at the time were the owners of that vehicle.

 

The issue of this appeal is whether there was breach of the bus lane regulations.

 

Nurselayer appeared in person to present this appeal and made submissions on several points.

 

I have considered the evidence from both parties and will address my judgement to one point and that is the wording of the enforcement notice dated 20th Feb 06. The notice states that if by 20th March 06 Nurselayer fails to pay or make representations, then a charge certificate will issue. Schedule 6 Para 2(3) of the Road Traffic Act '91 states that a local authority may only disregard representations that are received after 28 days from the date the enforcement notice is SERVED. This notice was dated the 20th Feb but the recipient was warned that if they did not pay or make representations 28 days from the date of its ISSUE, a charge certificate would issue. I find that this is a procedural impropriety. In any event Nurselayer made representations, which were received by the local authority on 20th Mar 06 but still a charge certificate appears to have been issued. In those circumstances because of the procedural error I will allow this appeal.

 

 

If anyone wishes to use this as an example in a defence, then the actual case number is 2060200740 - however I would rather that the name of the appellant is not published on this website as I prefer to preserve my anonimity.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

  • 3 weeks later...

Hi,

I received a PCN from Richmond council charging me with being in a bus lane & it was noted by a CCTV-MD picturures who was observing real time pictures from the road-side camera at 10.55 (this is relevant to tell you) it was also supported by video tape evidence. The actual camera was above the bus lane with a notice under it saying Left turn into Aargon Road (which is where I was turning into) then noitice also said straight onfor buses and other traffice it also had a right hand turn off all at one set of traffic lights. I have since taken photo's of this sign. I went onto Richmond council press office site to see what I could do regarding this appeal, it was then I came across a Temprary suspension of London Road (where bus lane is) for essential lamp column replacement. after reading all the oter garbage on it I noticed the date the date the order will come into effect was Wednesday 12 July 2006 inclusive. it then followed on sayingThe prohibitons of restrictions specified in that Order will apply only during such times and to such extent asindicated by trafficsighn prescribed by the Traffic Sign Regulations and General Direction 2002. Incidently aalso on the form they showed the hours stating vehicle traffic will be permitted to proceed in the following lenghts of the bus lane on the said road from junction with Twickenham Train Station to the junction with Arragon Road 10.ooam t 4.00pm.

(sorry for being so long winded) Anyway, I sent them a letter of disputing this also enclosing a copy of the Tempory suspension notice. I got a letter back saying if I cared to pay £50 now it would be refunded if I won my case (Nice of them!!) also if I wanted a photo request one and one would be sent (Still waiting after a week of that request.

I would be very gratefull if you would advice me further on what steps Im to take or d you think I may just get of with a technical faul on their part.

Look forward to hearing from you

Regards

Kathie:confused:

Link to post
Share on other sites

You will need to formally challenge their decision. I think you have a good chance of winning from the information that you have provided - if the bus lane is suspended on the day when they caught you I can't see how they can try to enforce it. Make sure that stick to time limits and read very carefully everything that they send you.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

Hi Thanks for getting back to me so promptly, the only worry I have is that at the time I was caught I did'nt see any road works going on. I was thinking that because of the notification of the date for road works just said 12July inclusive I may get away with a technicality as they did'nt state when works would be finished, if I lose this Im liable for £l00 which is disgusting when you try & make an appeal its almost like a punishment for sticking up for yourself.

Will let you know of outcome though.

Kathie

Link to post
Share on other sites

kathieathome, I would put in your appeal as many reasons for the adjudicator to rule in your favour as possible.

 

Eg 1) You were only in a bus lane so as to turn left.

2) The suspension date was wrong

3) Etc, etc, etc.

 

Again I would look very, very carefully at everything that the council has sent you. In my case part of my appeal was that the law states that the council must put the amount on any increased fine on a PCN and Haringey didn't. Read the law, (most of it is in the LLA Act) and then check that the council have complied with every part of it. If they haven't then put it down in your appeal.

 

If the appeal is unsuccessful then state that you should only pay the reduced amount as you should not be penalised for appealing. You may find that the adjudicator will agree with you and move that the council accept the lower rate. If he/she asks you why you didn't pay the £50 before the appeal tell him that you thought that this might be construed as an admission of guilt.

Nurselayer v Natwest - Settled in Full :D

Link to post
Share on other sites

  • 4 years later...

Can somebody help?

 

I just got a PCN for parking on Crouch End Hill, N8 at 18:45. The PCN is for 'being in a bus lane' which apparantly the parking zone is, the parking meter showed that the parking was not chargable after a certain time (long before 18:45) so I parked there ... but now have a PCN.

 

a) Is 'being in a bus lane' a valid infingment

b) There are two photos, with three minutes between them, one of these photos shows me unloading the car, is this allowed? This photo does not show the numberplate clearly

c) The address for complaint is in Worthing.

 

Please help or advise.

Link to post
Share on other sites

You need to start your own thread... this one is over 4 years old!

 

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 professional advice for clarification prior to taking any action.

 

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

 

Link to post
Share on other sites

Can somebody help?

 

I just got a PCN for parking on Crouch End Hill, N8 at 18:45. The PCN is for 'being in a bus lane' which apparantly the parking zone is, the parking meter showed that the parking was not chargable after a certain time (long before 18:45) so I parked there ... but now have a PCN.

 

Obviously they are not going to have pay and display in a bus lane thats why its ended before 18.45

a) Is 'being in a bus lane' a valid infingment

unless you are a bus taxi or pedal cycle yes

b) There are two photos, with three minutes between them, one of these photos shows me unloading the car, is this allowed? This photo does not show the numberplate clearly

they must know your number plate they sent you a PCN, no loading is not allowed

c) The address for complaint is in Worthing.

lovely place full of cheap labour no doubt.

Please help or advise.

 

Unless the PCN is flawed or the bus lane is incorrectly signed nothing you have said so far is relevant. If you need advice post up a copy of the PCN and photos of the bus lane or google maps link.......ON A NEW THREAD

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...