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About JaceMindu

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  1. To top it off, my 3rd and last appeal was responded to yesterday: TRAFFIC MANAGEMENT ACT 2004 PENALTY CHARGE NOTICE : B........ VEHICLE REGISTRATION NUMBER : ****** DATE ISSUED : 05/08/2016 LOCATION OF CONTRAVENTION : ******* NOTICE OF ACCEPTANCE OF REPRESENTATION I refer to the challenge made by you in connection with the issue of the above Penalty Charge Notice (PCN). After reviewing the PCN I have authorised the cancellation of this PCN as a gesture of goodwill. Please note that this area of Double Yellow Line has a valid Traffic Regulation Order (TRO) governing it. The DYL is in place to ensure the free-flow of traffic and to avoid obstruction. You should refrain from parking in this area as the police do have the power to take appropriate action if you do so. This has been reported to our maintenance team to repaint the DYLs. I can confirm that you will not be contacted again in relation to this notice. So... they didn't even let this go to tribunal on this one. They claim the lines are valid, but they have arranged for them to be repainted. Sounds like a contradiction to me. They obviously won't ever admit to them be invalid or let the tribunal determine this, as this would not only invalidate my ticket but also leave them open to refund every other person they have ticketed on that spot. It wouldn't be hard to find out who these people are as it's a small industrial estate. I'm not sure how they are going to repaint the lines as due to the reports of my success, I'm seeing two cars a day parked there. I couldn't park there if I wanted to. So much for reaping the rewards of my success!
  2. Another update!!! Had a tribunal meeting booked tomorrow for the 2nd ticket. I just received a call from the service to advise that the council have cancelled the ticket, so I've won my case. AWESOME!!!! ANOTHER WIN!!! Still, it's a little anti-climax to find that the council have backed down EXACTLY as predicted, based on previous cases. It just goes to show that these cases are worth fighting.
  3. Update!!! It took ages but the NTO finally got to the point of booking a tribunal date. I opted for a face/face meeting. The result? The council dropped the case. I've still got another case entering NTO under a similar penalty where they gave me a ticket when parking right in the middle of the line break. I'm feeling a lot more confident on this one. Thanks for those who posted about similar experiences. I wouldn't have had the confidence to fight this without them.
  4. That's interesting. I haven't tried calling them. Might have been worth a try at the time, instead of letting it go to the NTO stage. Something to think about it future...
  5. Finally received my NTO. I think I need to select one of two sections for my case, either; 'The alleged contravention did not occur', or; 'There has been a procedural imporpriety on the part of the enforcement authority'. I'm leaning towards the formal. Any input?
  6. So you're going to 'guess' because you have 'no idea' and 'maybe' I'm allowed to park there. Helpful. In other news, I saw the traffic officer in the road the other day, He fined a couple of cars down the road, but left 2 cars parked around the gap. It seems I've caused enough trouble for the council for the officers to ignore that section now. Seems I've got my point across. I think that's a win!
  7. That's interesting, because contrary from what you have said by looking at them, these faded lines are no longer enforced. People park on these lines every day with no penalties. In fact, if you look at the end of the yellow line segment, you can see where the new set of replacement lines starts (see attached). You see, just because yellow lines look enforceable in one section, there are sections at the end of the line that indicate that they are no longer valid. Just as with the lines I'm parked on have a section which show the line is no longer valid. The fact is that the council never remove lines if a TRO expires, so without additional signage, it leaves the driver in position of having to make a judgement on whether they are valid, based on the presentation of the lines. Lawyered
  8. Started 18/05/15, so 12 months ended 18/05/16 Last DD on 01/05/16 All emails sent in November 2015, 1st 19/11/15, they replied on 20/11/15, I replied the same day, then again on 26/11/15 after visiting the gym and trying to cancel there (and being shrugged off). They replied on 29/11/15, again refusing to cancel. My membership was £39.50 a month.
  9. I'm not paraphrasing, I'm summarising my defence. Anyway, I think that a reasonable driver would have seen the gap in the lines and without any additional signs posted, could assume that the yellow lines, failing regulating, were not in force and a TRO was not applicable to that area.
  10. Their reply: Then I replied: They didn't reply, so I chased them up: Then they replied:
  11. Sure, I'll copy them individually: My first correspondence, with photos to show the poor equipment: Dear Sir/Madam, I have been a member of you gym since April this year. During my time there, visiting 3 times a week, my experience has consistently included faulty and missing equipment. This has included multiple machines being out of order and jubilee clips being missing from equipment and making them unusable. I have reported these issues to your staff, repeatedly, but despite this, these machines have been repeatedly out of action, for several weeks at a time and continue to break down. I have attached several of the more recent photos taken, for your review. It seems to me that the contracts you have with your maintenance and equipment suppliers need to be reviewed. They are not maintaining the equipment appropriately and the services at the gym have significantly failed to provided the services offered to me when I signed up. The final equipment to become faulty, twice over the last month, has been the water fountain, which is a basic facility. On this basis, I consider your sports centre to be in breach of contract by not supplying the basic services offered and therefore I am cancelling the contract with the gym. I will not accept any cancellation fee and feel compensation is in order. I shall await on offer from yourselves before I consider taking this further.
  12. Last month. My cancelation was effective from 31/05/16
  13. My member ship is cancelled now. I think I've paid about 5 months since my complaint, so that's about £200 if you're right.
  14. So I guess, as a combination of everything that's been said, a reasonable person could assume that a gap that large was sufficient that the lines no longer met the regulations stipulated by the law. As a citizen is expected to follow the letter of the law, then the council must abide by this in the same way by ensuring that all lines meet regulation so that their validity cannot be called into question by a motorist. As these lines appear to have been left unfinished (not worn away) then it is a failure of the council to correctly produce the lines and they cannot then expect to enforce them. How's that?
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