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Jamberson

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Everything posted by Jamberson

  1. Judging by the photo and your description, it's a standard single yellow, so the contravention code is correct. It does say until midnight. I would say the signage is just about adequate, and there's a sign on that unbroken stretch of line. I don't see any loading restriction. You have exemptions for stopping on a yellow line: letting passengers in or out (which includes helping them to or from a house) and for loading/unloading and associated activity. That's why an observation period is necessary, and usually you will be given five minutes to allow you to return. My understanding is that the observation period is discretionary, but so universally applied as to be expected. I woud recommend you appeal on the lack of observation period. The driver may well have been doing these activities - I don't know, and neither did the CEO, so worth a try.
  2. Yes you are entitled to a grace period, but not for checking signs. However there are other reasons and so you should be given an observation period, typically five minutes. I was hoping to see the exact spot on Google Street View, to be certain what the restriction was and that you had been issued with the correct contravention code, but East End Road is very long. Do you know exactly where the car was parked? If not, you can still appeal, but the more knowledge we have up-front, the better.
  3. Was there a loading ban in place? Or any other restriction which might complicate matters? Please could you tell us the exact location the car was parked? Basically you should be given an observation time on a single yellow. Without it, you would have grounds to argue the case, but it's not a slam-dunk winner. Maybe if we can be sure there was just a standard single yellow restriction in force, then that will clarify matters.
  4. Not really. The signs have to go where they are practical. Every single yellow should have a time plate, and the motorist has to look for it - you can just say you couldn't see it. If it's there, and I assume the CEO took a photo of it, then the driver has neglected his obligation to find out what the restriction is before parking. The only way you might be able to argue this is if the sign is next to a separate stretch of yellow line - eg, separated from the one he parked on by, say, a road junction or a parking bay. Every individual stretch of line needs its own sign.
  5. Based on what they said, that the typo in the registration number was your fault, then I am assuming you set up your policy yourself on an aggregator site - Confused, Compare the Market, etc. The first thing those sites do is ask you for a reg number, then return the vehicle details. You have to enter a valid reg number to proceed - so what's the story? Did you use an aggregator, or did they type in details over a phone call from you? If the latter - on what basis are they arguing the mistake was yours? Have they listened back to the call to hear you read it out wrongly? If you did use an aggregator, which one was it?
  6. I assume the VRM they had on file was a legit registration number for some other vehicle out there, belonging to someone else. They have unwittingly insured that vehicle, which is illegal - you have no insurable interest in it, so you can't insure it. They cannot allow you (or force you) to have insurance on a vehicle you have no insurable interest in. They have agreed to insure your vehicle, not the registration plate fixed to it. You can change your plate - it's still the same vehicle, and it's still insured. They need to update their records and confirm your vehicle is the one on cover from inception. Just because some telephone agent batted you back when you spoke to them doesn't change the situation. You need to press this home to them. If the next agent doesn't help, ask for their supervisor and explain again. If you get nowhere, ask to speak directly to the complaints team about your ongoing complaint, and explain again to them. If you don't want to do this, fine, but if you do - and it's nothing to do with the claim, which you don't even need to mention - then you're sorted. Up to you, but that's what I would be doing.
  7. This situation seems needlessly complicated. I think all you need to do is approach your own insurer - nothing to do with the accident or claim. Tell them what happened with the reg number, and offer them a copy of your V5 confirming when you purchased the vehicle. Ask them to correct the policy details and confirm they are indemnifying you from inception, on the correct licence plate. I can't see why any of that would be a problem or why they would refuse. If they do refuse, point out that you have had no insurable interest in the vehicle they did have on cover, and they shouldn't have been insuring it - then please tell us on what basis they are refusing. Personally, I don't think they will refuse. Once that's done, you're home and dry - the other insurer can no longer use the argument that you were uninsured, and you can prove to them that wasn't the case.
  8. The policy insures your vehicle, not your registration number. So long as your insurer is happy that it is the same vehicle, I can't see why they cannot confirm cover from the policy's inception. I would get into dialogue with them and get them to confirm cover throughout, and then the other insurer would have no grounds to refuse to pay for your damage. (Indeed, they would be logally obliged to.)
  9. You just shouldn't have left your car parked there without payment. That's what you were ticketed for, and that's what happened. Drive off and get change, but don't just disappear from the scene leaving your car there. Although you may be 100 percent sincere, it's unlikley the council will believe you - or this would be a standard get out for anyone chancing their luck by parking without paying.
  10. Well, it looks to me like they did receive and read your appeal as they answer specific points. Honsestly, I don't see an appeal going anywhere. Like they say in their letter, you left your vehicle parked up, without having paid for the space. I know the circumstances, but I can't see thek changing their minds.
  11. Emails do count as an appeal, provided you include the relevant info in the email for them to identfiy the PCN. If you are alleging they received a valid appeal and ignored it, then that would be grounds to contest, but if you are saying you don't think they received it, then that's not going to go anywhere. It would be helpful to know what you wrote and what they wrote back. The attachment you have just given shows half of one side of a letter, with nothing relevant to the case.
  12. One way to resolve it is to pay the discount, assuming it hasn't yet expired. If you want to fight it, you don't have a very strong case. They expect you to have the means to pay when you arrive, and although not all payment methods were available on the day, there is no grace period for going to get cash. You have already said you wrote to them, "I was fed up with them behaving like some nazi dictator ... Then I lost my rag a bit more suggesting we should take it to court" - which is counter-productive. Considering what happened in Nazi germany and comparing that to a parking ticket is quite offensive, and there is no court process open to you, so that remark will be dismissed out of hand. If I were you I would consider just paying it. If not, you can only re-state your case about the machine and the circumstances on the day, and hope they are feeling generous. If you do that, and you let the discount expire, then you are gambling double the charge.
  13. No grace period. An observation period of a few minutes, usually, for the CEO to see whether the driver returns. They expect you to have means of payment when you arrive, but obviously the machine malfunction was not forseeable. You have a chance if you appeal with a polite letter. (I wouldn't mention having £10 on you.) Did you ultimately buy a P&D ticket? If so, enclose it with your appeal.
  14. Please could you clarify where the appeal is up to. You said he received a "second notice" - normally he would get a PCN, not long after he parked, then four weeks later, a Notice to Owner. Can you clarify whether he has already had a Notice to Owner, and whether he has appealed since then, and had that appeal rejected. If so, next step is adjudication rather than writing another appeal.
  15. A short, polite explanation is always best. Be a little apologetic and importantly, include an image of both sides of the pay and display ticket. Say that you had paid the due fee and were not seeking to avoid payment. I think that's your best bet - no guarantees of the outcome, but those sorts of appeals ssem to get further than things like, "I demand forthwith that you provide by return, copies of the CEO's notes and evidence that he is fully licenced under section blah... blah... blah..."
  16. Well, that's a question rather than an argument. The answer they are bound to give is that they have to put signs at suitable, convenient places, and the appearance of multiple signs will annoy residents (people do complain about almost anything).
  17. I don't think you will win this one. If the sign was hidden, you are basically arguing that you did not know there was a sign there at all. That being the case, the onus is on you as the driver to look around and find out what the restriction is. To do so, all you need to do is walk up along the bay until you find a sign.
  18. The reason the question was asked is so it can be checked on Google Street View. We would need to know the street as well.
  19. Yes, if your case is strong. However if there was a sign clearly visible 30-40 feet along, I don't think you will win an appeal. You would be expected to go and look for the sign when you park, to find out what the restriction is for that bay. Just walking away (the other way) is not going to give you much of a case to argue.
  20. Michael is right - loading is loading - putting goods into a vehicle, not merely holding something in your hand while you get into your car. Who is the definition generally accepted by? Councils, CEOs and adjudicators. If there was a grey area you would have to argue it at adjudication. It is true that associated acts including waiting are taken into account, but that's only meaningful if actual loading does take place, and even then it's not a given in all cases.
  21. Appeal! You have nothing to lose. Just write a calm, polite letter explaining you mis-read it, and suggesting the signs should have arrows for clarity. Mention you could have parked freely to the right of the sign - so there was no intent to defraud or exploit the rules. Very sorry, won't do it again etc etc. There is a chance they will cancel it for you.
  22. There's no seven-day deadline on a council PCN. Normally the discount is applied right up to the 28 days when a Notice to Owner is issued. I think you should appeal, bearing in mind the points Michael rasies about the nature of the items. You can legitimately use a loading bay for loading (provided there's no vehicle type restriction), if you can convince them that's what you were doing.
  23. I didn't insinuate anything. I quoted you directly from your first post. And if I've misread what you wrote, it's only because it isn't written clearly. As for helping - that's what I have tried to do all along - for free, out of the goodness of my heart, for a total stranger - look at the paragraphs I've written for you above, with no expectation of anything in return.
  24. I known you have stated you are not the owner and were only the driver at the time. You also put things like, "I was not the driver at the time" and "I have managed to obtain proof that this also states the I am the owner". That's where the confusion comes from, not from me. Anyway, the situation is unchanged - it's clear now your friend is the debtor, and if it's his repsonsibility. If you feel morally obliged to pay it for him, you can, but if not, I don't think he will have much success with an N244. Good luck, whatever you decide.
  25. I am utterly confused by the above. Every post contains a new puzzle. One minute it seems like it's your car ("I am the owner"), the next it's someone else's ("I was using a friends car"), so one minute your're driving it, they next you aren't ("I was not the driver at the time")... It's so hard to give any advice without knowing the true facts. Your last post says, "he [your friend] never gave them any address. I did however but it is the same address as the dvla hold. No NTO was received at any of the addresses for this ticket." Your friend didn't give them an address, but you gave the same address held by DVLA [why??], which they will already have - and which neither of your live at? Or you in fact live there? And the Notice to Owner, the Charge Certificate, and the Order for Recovery all failed to arrive? You understand that this isn't normal by the way - 99 percent of people have their own car, registered to their home address and there are no complications. I will just give you some background details of how the process works. If a PCN is issued, the council ping off to DVLA to get the registered keeper's name and address, and by law, all correspondence goes there. Once the Order for Recovery is issued, a Witness Statement needs to be filed with a certain timeframe. I think it's 21 days. If it is not, then bailiffs are instructed. Since you received contact from bailiffs, your witness statement was definitely out of time - and so you needed to submit both a witness statement, and a separate form explaining why it was out of time. I don't know what you put by way of explanation for it being out of time. Your post hints you didn't understand this bit - "Did ask how it could be out of time if he only just received the letter ... We were both very confused by this." So I'm guessing you didn't provide a clear enough statement. An N244 now is a long shot, and you have to pay to file one anyway. My best advice - pay the balance now, and get rid.
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