green_and_mean
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London gazette
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Pcn received code 62 2
green_and_mean replied to memo1's topic in Local Authority Parking and Traffic Offences
Loading is only an exemption for footway parking if a) loading would not be possible without parking as such, ie it was essential to park as such not just convenient and crucially b) the vehicle was attended at all times, which doesn't sound likely. -
We have no reason to challenge as you have provided no details except for the contravention? If you need more time to pay you can appeal all 3 tickets towards the end of the 14 day period, when you then get a rejection you will have another 14 days to pay which gives you at the least 3 weeks extra.
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If the NTO is for a different location are you sure it refers to this scenario and not to a correctly issued PCN you got somewhere else?
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What is the time on the photo and PCN? The photo would surely show you sat in the car parked before the PCN was even issued? Why would anyone sit on a SYL waiting for a PCN to be issued something doesn't make sense we need to see their evidence and PCN.
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Let me know when you get a refund then!!
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You still seem to completely fail to understand the law! For the offence of misfeasance to occur the person must know they are wrong in doing what they are doing AT THE TIME (not realise the mistake afterwards). I wish you good luck if you think you are going to convince a Judge the Chief Constable deliberately authorised the PCSOs to issue tickets knowing full well the paperwork had not been properly completed. The comments about decriminalised parking are stupid it has nothing to do with anything. All that has occurred is paperwork giving PCSOs Traffic Warden powers was incorrect and that should have been challenged in Court, it wasn't drivers admitted the offence and paid.......case closed!!
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What data have they misused? Obtaining details to give a refund is more likely a breach as up to this point no data has been used a FPN was issued and then paid at what point is the DVLA involved??
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Unfortunately case law trumps googling for a definition, how are you going to know or prove he knowingly knew he was wrong??
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Do you actually know what constitutes misfeasance or do you just like quoting big words? The case law reveals two different forms of liability for misfeasance in public office. First there is the case of targeted malice by a public officer, i.e. conduct specifically intended to injure a person or persons. This type of case involves bad faith in the sense of the exercise of public power for an improper or ulterior motive. The second form is where a public officer acts knowing that he has no power to do the act complained of and that the act will probably injure the plaintiff. It involves bad faith inasmuch as the public officer does not have an honest belief that his act is lawful. Which of these two tests do you think the plaintiff in this case will be able to meet to uphold a claim?
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Wait for the enforcement notice and come back for further advice on a formal appeal
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Successful Appeal
green_and_mean replied to think about it's topic in Local Authority Parking and Traffic Offences
You didn't actually win, from what you have said they just decided to use some discretion and waive the penalty since you admit the contravention clearly occurred. -
(2) A penalty charge notice served under regulation 9 of the General Regulations must, in addition to the matters required to be included in it under paragraph 1 of the Schedule to the General Regulations, include the following information— (a) that a person on whom a notice to owner is served will be entitled to make representations to the enforcement authority against the penalty charge and may appeal to an adjudicator if those representations are rejected; and . (b) that, if representations against the penalty charge are received at such address as may be specified for the purpose before a notice to owner is served— . (i) those representations will be considered; . (ii) but that, if a notice to owner is served notwithstanding those representations, representations against the penalty charge must be made in the form and manner and at the time specified in the notice to owner.
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PCN for car I don't own
green_and_mean replied to GuyMeurice's topic in Local Authority Parking and Traffic Offences
I don't think there is, personally I'd pay it myself if I were you and then chase the new owner at least then you can ensure he is paying before you get a knock on the door. -
PCN for car I don't own
green_and_mean replied to GuyMeurice's topic in Local Authority Parking and Traffic Offences
A classic case of failing to follow the instructions on the PCN and subsequent letters! You should have simply returned the notice to owner and ticked the box 'you were not the owner at the time of the contravention'. As it stands you didn't appeal and now its down as a debt owed by you to the Council, it's not a ccj and should not affect your credit rating but if not paid either by your 'friend' or by you they can take your goods to cover the debt. -
PCN 52JM Islington Council
green_and_mean replied to Rockyuk's topic in Local Authority Parking and Traffic Offences
You should usually get a PCN within a month of the contravention. You are a bit vague but you are meant to obey road signs without the need for a reminder in the form of a PCN so every time you break the law you can get penalised, what you are hinting at is similar to going through a speed camera at 7am and then expecting to drive as fast as you like the rest of the day without consequence. -
http://www.legislation.gov.uk/uksi/2000/683/body/made http://www.legislation.gov.uk/wsi/2000/1785/contents/madehttp://www.legislation.gov.uk/uksi/1986/178/pdfs/uksi_19860178_en.pdf Its not a lack of sympathy, you get free parking 24hrs hours a day almost anywhere subject to a few simple conditions yet you feel this is not enough, how much sympathy do you actually want?
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There are places you can park all day such as P&D or Disabled bays parking all day on a yellow line is not what the concession is meant to be for. If you are fit enough to keep walking back and forward all day to move It, surely you can walk to an all day parking place?
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Its still the same road the legislation clearly states you cannot re-park in the same ROAD until an hour has passed.
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The limit would be totally unenforceable unless the CEO actually saw you leave otherwise
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The law states that the period of exempted waiting is 3 hours, if you leave after 5 minutes tough your next period of exempted waiting cannot start until 60 minutes after the first period ended. (4) Where the period of the prohibition exceeds 3 hours the exemption shall be for a period of 3 hours subject to the conditions that– (a) the period of exempted waiting does not begin less than one hour after a previous period of exempted waiting by the same vehicle in the same road on the same day; . (b) a parking disc is displayed in the relevant position on the vehicle marked to show the quarter hour period during which the period of exempted waiting began.
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The loading or unloading exemption only applies if it could not be carried out without parking on the drop kerb, so if there were other nearby spots to park no observation would be required.
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The legislation clearly states one hour must elapse before you can re-park in the same ROAD. You have to use a clock which would be photographed by the CEO so unless you put the wrong time (which would also get a PCN) the CEO would know when you re-parked and would know if 60 mins had elapsed.
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You really do come up with a load of tosh sometimes!! Even public space cameras are rarely monitored its impossible to look at 50+ cameras at the same time hoping to see a crime they are usually used to gather evidence of reported crimes usually in response to a call from the Police, store security staff or council street wardens. Having an extra pair of eyes watching the cameras actually increases the odds of a crime being observed whilst in progress. Making up some lame argument doesn't stop your original claim cameras needing to be approved wrong.
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Time is permitted to get a permit but you would have to provide proof that's what you were doing now a PCN has been issued.
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