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rogerebaker

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Everything posted by rogerebaker

  1. Go for it. it was in the account for about 5 hours. The statute is the main theft Act as amended several times. My daugter would answer to the last question " Is wales and Scotland in England Dad" does that answer the question
  2. Yes. Informally appeal first, which will probably be turned down, Then appeal again when the NTO comes, that will probably be turned down Then appeal to the ajudicators. If the tickets is only half filled out theres no way it can comply with the RTA 1991. Its also fairly dubious whether they have actually served it properly. It has to be either given to you or attached to your vehicle.
  3. I have read a bit on this over the l;ast few weeks The banking ombudsman appears to have the power to decide whether you have to pay it back. I would say in your case youd have a reasnoble chance. The internet has a few good forums on this. enter bank credit in error or somthing similar in google and loads comes up.
  4. Yes when you get the NTO you can appeal to the council. If thats turned down then you can appeal to the ajudicators
  5. The words srubbed out is probably the word fine which they are not allowed to use. If theres nothing in its place then the request dosnt make sense. I would appeal I think you have a good chance on that alone. The formal appeal to the council will no doubt fail but take it to the ajudicators. regards notice / issue either is acceptable provided it also has a date of contravention.
  6. The only thing that has to be on the ticket is what is mentioned in the Road traffic Act 1991 ( See link) Road Traffic Act 1991 (c. 40) The guidelines issued by the DOT are just that and dont automatically invalidate the PCN although as far as I can gather the ajudicators expect them to abide more or less with it.
  7. http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_027631.pdf
  8. There is absolutely nothing they can do to enforce this ticket. They will threaten you with all sorts but in the end of the day they cannot enforce it. To enforce it they would have to be able to prove who was driving which they cant. You have no obligation to provide them with the details of the driver. Stick it out and you will win. They rely on these threats to make people pay up
  9. Date of notice or date of issue is acceptable as long as it also has a date of contravention.
  10. I think the usual is between 1 day and a week before the court date
  11. Consider this case http://www.parking-appeals.gov.uk/about/cases/MC00227%20Hepworth%20Allowed%20flimsy%20P%20&%20D%20ticket%20-%20identity%20re%85.pdf
  12. James Have a look at this link its got the actual wording of the Act. It differs from the guidance in some respects especially about what has to be on the notice Road Traffic Act 1991 (c. 40) Have you had a good look at the road markings.
  13. Im assuming this is a PCN issued by the council. If its a Police one different rules
  14. ok at this link Its the DOT guidance to the Boroughs on how to design a NTO. There is one big error which is continually made that is the give you 28 days from the date of the notice to reply instead of 28 days from date of service of the notice. Everyone Ive had has had the same error and they have all resulted in cancellation. Be a bit careful If you point out the error they can issue you with another one that is correct. The best way to appeal is to fill out the NTO stating that you wish to appeal on the basis that the contravention didnt occur Your reasons are that the NTO failed to comply with the Road Traffic Act 1991. Leave it at that. When you then get your chance to appeal in full to the ajudicator point out the error. If the errors there it cant fail. Look at this link http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_027631.pdf
  15. Every time the parking restrictions change the yellow line/s must stop and have a T bar. This includes parking bays, changes in parking restrictions etc etc. The lines must also be continious between the T bars. I will post you a link to the actual regulations tomorrow. If they are worn or gone then they are unenforcable.
  16. There is no time limit for the service of a NTO. The ajudictor has indicted that it should be served within 6 months but in your case they would probably have a good reason for not doing so. I would make a real issue to the council that you have already paid 100.00 to the bailiffs. They are at the end of the day collecting for the council so they have already collected the money and they owe you 20.00. Regards the NTO. I have had a couple and they have both been wrong. It must state that you have 28 days from the date the notice is served to make representations. Both mine said 28 days from the date on the notice which is clearly several days earlier. Both mine were cancelled as a result. Keep us updated
  17. I too had the problem with the microfische so I decided to claim only from May 2004 and go back to the earlier years when the MF issue was sorted. Just after the MCOL was submitted they offered to refund the difference between 20.00 and 12.00 for all charges including those before May 2004 A quick calculation amount of refund divided by 8 = number of charges. I now know exactly how many charges and dont need to estimate anymore. I dont know the dates but at least I am confident I can show a judge that the amount is correct.
  18. I suspect that the date scibbled on the pouch has nothing to do with the PCN at all. probably the warden testing their pen the day before In saying that its at best a bit confusing and unprofessional. scan the full PCN on here theres bound to be something else wrong with it, there usually is.
  19. What exactly did the PCN say when it set out the amount of time to pay. Did it say within 28 days from the date of issue or Within 28 days starting from the date of issue It should say the 2nd. If it says the 1st which I suspect it does it in effect gives you an extra day as it dosnt include the date of issue. This is a well established legal precedent. apart from that if it states the first it dosnt comply with the 1991 road traffic Act and as a result can be challanged. There are a number of cases on the intranet where this has been successfully challanged. In the case of Als bar V Wandsworth the parking ajudicator stated that the council has no right to alter the amount of time to pay even if it is to the benefit of the motorist. So Have a close look at the wording. as your dispute revolves around a couple of days you may have some success. By paying the ticket you have effectively lost the right of appeal but dont give up yet. by the way extending the right to a reduced payment as a result of an informal representation is discretionary by the council. they dont have to. good luck
  20. Just answer the security questions wrong That stumps them. Last time I gave the wrong date of birth and they refused to speak to me
  21. Im fairly certain the IC has paid a visit to barclaycard and will rule shortly on whether it is or isnt a relevant filing system. They did the same with the Abbey and found that it was relevant and must be disclosed on receipt of a SAR. So you should know shortly. Interestingly I had a recent claim with Barclaycard but was restricted to charges which they would disclose since May 2004. As part of the claim they made an offer of the difference between 20.00 and 12.00 on all charges since the account was opened. Apart from the fact that the offer of goodwill was nearly as much as the claim as a result of them including all charges, a simple calculation enabled me to work out exactly how many charges I had had. ie. amount of goodwill refund divided by 8 = number of total charges. I have worked out that there must have been 10 charges pre 2004, They have refunded 8.00 on each already so they owe me 120.00 as a result 2nd claim has now started statements or not. If I were you I would crack on with what you know about and come back for a second claim when you get the Pre 2004 information.
  22. It must have details of where to make informal representations and where to send the payment.
  23. fab As before they aint gonna pay until a few days before court so if I was you Id get on with it. Money permitting.
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