spaceman61
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Everything posted by spaceman61
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PCN legislation
spaceman61 replied to Sir Vere Brayne d'Emmidge's topic in Local Authority Parking and Traffic Offences
Firstly, there is no NIP in local authority parking enforcement. Secondly, the quote reproduced by Andyorch states: "...if you can prove you were not driving the car at the time, you should be able to avoid the fine". This is simply not the case for pcns issued by local authorities as a part of decriminalised enforcement. -
PCN legislation
spaceman61 replied to Sir Vere Brayne d'Emmidge's topic in Local Authority Parking and Traffic Offences
Andyorch's advice above refers to parking notice charges issued on private land. Owner is liable for penalty charges arising from pcns issued by local authorities. -
Quite correct. OOT applications are almost universally opposed by authorities because they take the view, rightly or wrongly, that if the matter has reached that far it is almost certainly due to the RK/Owner's own actions, either by not updating their details at the DVLA in a timely fashion or simply ignoring correspondence from earlier stages in the process. This can of course be challenged before a district judge, either in person or on the papers, but it will cost a (normally) non-refundable fee to do this.
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Bad Weather Bus Lane PCN
spaceman61 replied to PCan's topic in Local Authority Parking and Traffic Offences
Yes, it's a defence. But it is not one that can be put to an adjudicator. Pulling to the side of the road in the rain, no matter how heavy, is not one of the statutory grounds of appeal. And yes, there is a document which sets out the limit of an adjudicators powers. It's been around for 15 years and I attach it. It's well worth a read by those who do not understand these limitations. WalmsleyJudgmentCA171205.pdf -
Bad Weather Bus Lane PCN
spaceman61 replied to PCan's topic in Local Authority Parking and Traffic Offences
No, don't "put the arguments anyway". Not to an adjudicator. They are barred by the High Court from considering mitigation. Think of something else. -
Bad Weather Bus Lane PCN
spaceman61 replied to PCan's topic in Local Authority Parking and Traffic Offences
These 'arguments' amount to mitigation and therefore cannot be considered by an adjudicator. -
PCN name change
spaceman61 replied to epabak.jotona's topic in Local Authority Parking and Traffic Offences
This link relates to an SI in respect of the London Local Authorities Act 2007. I stand to be corrected, but I'd be surprised if this pcn was issued under that legislation. -
PCN name change
spaceman61 replied to epabak.jotona's topic in Local Authority Parking and Traffic Offences
Just to correct you, a penalty charge notice issued under decriminalised legislation can NEVER end up as a CCJ. The county court is not an avenue open to authorities to enforce the payment of a penalty charge. Private parking tickets yes, decriminalised penalty charges no. -
Single yellow line rules on signage
spaceman61 replied to ajjm's topic in Local Authority Parking and Traffic Offences
Sorry, but where does the OP say the vehicle had broken down? -
Lambeth PCN while in heart surgery
spaceman61 replied to Ebonydeluxe's topic in Local Authority Parking and Traffic Offences
That's fine, but don't let that distract you from the statutory process. Make sure you read any and all correspondence from the authority and respond accordingly. Stepping outside the statutory process rarely ends well! -
Not sure how that would help as it would only confirm the OP was in the area when the pcn was issued. He set the clock at the wrong time and can argue that to the authority. At the end of the day though, this is not a ground for appeal and is mitigation only. For that reason it is likely to fail at adjudication if it gets that far. Have to hope the authority is sympathetic!
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PCN name change
spaceman61 replied to epabak.jotona's topic in Local Authority Parking and Traffic Offences
There is no 'court' as such and there are no pleadings. This is decriminalised enforcement and appeals are heard at an independent tribunal. The authority cannot change the name on the pcn because of strict owner liability. Only circumstances where this can happen is where a compliant hire agreement is in force.
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