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About Badbunny

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  1. Just an update - I put in a simple appeal - stating my case and showing photographs. Today I got my Adjudicator Decision (drum roll please).....The council decided not to contest the appeal and on those grounds I had my appeal upheld - woo hoo. Thanks again to all the responses from CAGers
  2. Thank you Jamberson. Point taken and I will take your advice. If it doesn't work I'm coming looking for you
  3. Thank you for your advice. I am not trying to read as a solicitor merely trying to add credibility to my argument by demonstrating careful thought to the situation. How much do I need to dumb it down? Is Davis v Heatley worth referencing?
  4. Yes I took them when I got back to the car and clearly show where it was parked and the ticket on it. The traffic wardens photos are so close up that they do not show the extent of the damage to the lines
  5. Thanks Michael.. One final query - how should my case be worded to the Tribunal? am I allowed to assert my beliefs in relation to my case? my letter to the Council was quite strongly worded because amongst other things they are a bunch of idiot, that notwithstanding, am I okay to quote legal documentation...thinking along the lines of: I have examined the Yellow Line in relation to the penalty issued and I find that the markings on the highway fail to meet the legal requirements as set out in Statute and Regulations. The variations between the markings on the road to those in the Regulations are not de minimus as they exceed the minimum prescribed parameters set out by both Ministers and the Secretary of State in the current Regulations and Statute. Regulation 11 Traffic Signs Regulations and General Directions 2002. Signs, markings and signals to be of the sizes, colours and types shown in diagrams. (1) Subject to the provisions of these Regulations, a sign for conveying information or a warning, requirement, restriction, prohibition or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram. Diagram 1017 sets out the parameters for the format and use of a single yellow line. The form is rigid and must reflect the precise markings set out in the Regulations to create a lawful restriction. The permitted variants to this design are shown as: NONE. Therefore a line without terminal marking is incomplete and is not a prescribed sign as set out in both Regulation and Statute. the Case of Davies v Heatley 1971 directs that even if a sign is clearly recognisable to a man as being a sign of that kind if it does conform to regulations no offence is committed. I include contemporaneous photographs which show that the relevant waiting restriction was not visible at the location of the alleged contravention. The Council has chosen to ignore this evidence. In conclusion, I do not accept that the parking restrictions imposed on XXXX Street are lawful, that the ticket issued is therefore invalid and the actions of the authority are in full knowledge of the breach of law and their legal obligations. ...TOO MUCH?
  6. Long and short - parked on a road with crumbling single yellow line, where I parked was covered over with brambles for approx. 20m with no yellow line showing. Got a PCN, appealed, got NTO, appealed, now have NoRoR. I am confident that my case is a good one, however I have requested a copy of the CEO notes and TO relating to the alleged contravention. The Council have said I will get all that through the tribunal procedure and they are not going to send it to me? can they do that? What if I wanted to consider the documentation prior to appealing?
  7. Drowning in a sea of despair
  8. In 2008 we were co-erced into purchasing a timeshare in Cyprus. We had no intention of using the timeshare property and were more attracted by the 'massive discounts' on Expedia hotel bookings that we were verbally promised. We swopped our Timeshare for a couple of trips via Interval International and soon realised that the 'luxury' we were promised was not there and equally neither were the discounts on expedia - 1-2p in most cases. We tried to contact the seller but they never replied. We therefore contacted Barclays Partner Finance as they held the loan and were jointly liably under the Consumer Credit Act. They took a whole 2 weeks to decide that we had not been mis-sold anything. we contacted Sandy Grey as the Timeshare Consumer Association and we placed a complaint with the Financial Ombudsman. This was 2 years after original purchase, as it took us a while of use to realise what we got were not getting what we believed it should be. To this date we have provided an awful amount of information to the FOS however they are leading us to believe that because we have nothing definative to indicate that CALSC (who sold the TS) promised luxury and as we HAVE seen savings on hotel bookings be they only 1p - legally those are still savings. we find ourselves at square 1. I do not want to involve a solicitor if I cannot win this case. The TS Company were very careful not to leave us anything in writing which we were verbally told and as such its our word against theirs (I wish I had recorded the meeting) do I just stump up the £10k and put it down to a bad decision or do I fight this? and if I ignore it, hw fat will BPF take it? (we have already been threatened with bailiffs) I would also point out that the Timeshare Consumer Association TATOC state "Taking legal action against a credit company if the Financial Ombudsman has found in their favour is unlikely to be successful" Does no one have any advice on this issue? I was hoping for some experienced responses, or is it too difficult a situation? Any thoughts welcome Thanks
  9. I am no expert on these matters but I would question the administration costs. Surely it should be in line with other administration costs such as banks charges for default? and not punitive? administration is something that has to be done anyway so it shouldn't be a profit making exercise merely recoup of actual cost...
  10. Agreed, but you are making generalisations, I do know of people who have been pulled and fined for not riding with lights. Working with Students in a University Campus it happens quite regularly.As for ignoring the car with no lights...I have seen police cars happily drive past cars with no lights, people without seatbelts etc etc. I guess it all depends how near brew time it is!
  11. Attached are the two parking areas in question
  12. Right! I have written to them anyway (and marked in my diary when the 14 days 50% discount ends so I can pay in time). Mostly because even though they ticketed me, and from what advice I have had from you guys it legit.....they didn't ticket two vans on the same road which were parked all day in a very similar situation. These vans also park there all day every day and never get ticketed, how can this be fair?I asked them why their officer thinks that the Road Traffic Act is open to his interpretation or his whims? How far do you think I can take that complaint? as the warden would have had to walk past these vans to get to my car!
  13. On the 'technicalities' I have checked the wording against the RTA and it has everything on it it's supposed to. It isn't my car but my other halves, so the other possiblity is I don't pay anything and wait for him to get the NtO
  14. Thanks Jamberson, I fear on this occasion you are correct...but I was hoping someone with more experience than me may have something I hadn't thought about. I remembered reading a while back that parking on the pavement was a police matter and not restricted by the Council anywhere else but in London, unless the Council made changes to the TO, however on reading it again I don't think it has relevance on this case. On a plus note, this will be the FIRST parking ticket I have ever paid, having successfully managed to get out of 3 so far, so 1 out of 4 aint so bad! expensive parking spot though
  15. Yes that is the spot. There are actually double yellows on the road at that location now. I took a photo but again....I cannot upload it.
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