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  1. sorry, should have confirmed that all the correspondance / appeals have been under her name. the stat dec was refused as the court backed the councils contention that the notice to owner was received because it was sent first class post.
  2. Looking into it, it seems that almost all statutory declarations are now refused by TEC, for whatever reason, it seems that they are in the pockets of the bailiffs / councils and just rubber stamp their refusals. From what I can gather my next step needs to be to file an N244 form and actually request a personal hearing (£75) in a local district court rather then a TEC one (see above). The problem I have with that is that the ticket was issued to be, but the notice to owner, etc gets send to my mum! So all this appeal is in her name, and whilst nothing was received, she does not fancy a morning in court. Again, help. Anyone had any experience of successfully appealing a refused out of time notice WITHOUT a personal hearing?
  3. Hi guys, any help here much appreciated. I have just had a PCN out of time declaration REFUSED by Northampton Crown Court on the basis that Hackney Council's contention that a Notice to Owner and a further letter were both sent out FIRST CLASS constituted proof that I had received them. Thus they REFUSED my appeal to have the original Notice to Owner reissued. I would LOVE to have appealed the PCN but cannot as the first I knew about it (following the actual ticket) was a bailiffs letter demanding £360. It means that at no point have I actually been able to appeal this bloody ticket which was issued erroneously. My understanding that a Statutory Declaration / Witness statement outlining that nothing had been received would lead to the original PCN being re-issued and thus enable us to appeal. I cannot quite fathom why it's been refused. Does the council saying they have posted the Notice to Owner 1st class now constitute sufficient proof in a court of law that I have received it? Shall I just suck it up and pay the bloody £360 now owed and never get my chance to appeal?? Help!
  4. unfortunately I do cycle in london a lot (and ride a scooter) but cycling is very dangerous and there seems to have been no improvement in the cycle lanes in the last 20 years! In my defence I really do consider myself to be quite a conciencious driver and having had lots of parking tickets on a scooter a few years ago I really am very careful now where I park but do find myself still averaging a couple of tickets a year... and the odd forgetting to pay the congestion charge one. Over the last 3-4 years I have also had 5 tickets when I was 100% legally parked. As well as 33 tickets on a scooter that I had had stolen and reported to the police(!). So whilst it probably shouldnt - it does amuse me somewhat when I get out of them and can treat myself to a nice slap up meal with the cash. I am genuinely sorry to have had a pop at you (across a couple of threads) - I know you are only making fair and upstanding points about the law being in place for a reason and everyone being equal in needing to obey those laws. But in London these days it really is crazy. Sunday restrictions, CCTV, tickets on a bank holiday. Westminster have also been really reducing both the numbers of disabled bays & converting lots of singles to doubles. It sometimes seems less of a crusade for road safety / lessoning congestion and more a callous money grabbing raid. Which I guess is why in these situations I actively enjoy taking them on. And this PCN via CCTV really did quite shock me as I just didnt realise I was in the wrong as thought I could pull up on a single yellow for a few minutes. Im a reformed bad parker & really wish I could feel safe on a bike in london and ditch the car too!
  5. I really think you are swell, mr mean, and thanks for putting a big smile on my face this late evening. Your suggestions have been heartily taken on board and I shall indeed make the time to purchase a highway code and make note of both the parking and use of mobile phone sections. So thanks for that constructive, reactionary and not at all patronising advice. However Im not gonna forget the appeal - as that's the fun part of this little game & it's £100 that can be much better spent by me than by kensington & chelsea council. So meanwhile.... I think most people on here realise that the time I need to have my story straight is on the appeal forms. So any suggestions on how that straight story may best sound would be appreciated!
  6. yes sir... it was a bit daft... I thought you could stop on a single yellow for a few minutes. I also thought that to get a parking ticket you actually had to have a parking ticket put on your car. My bad. the ironic thing is that I was actually picking someone up - my flatmate - who was round the corner but I could not work out where he was. What I should have done was parked where I did, got out taken a envelope / bit of paper from my car, unloaded it into a nearby garden or porch, got back into the car, made a call found out where he was and gone pick him up - and then not get a fine! If I was parked somewhere deemed safe to park for 10 minutes loading / unloading then necessarily it is a pretty safe place to park for a 2 minute phone call to find out where the person you are trying to pick up is? no? Unfortunately I have more interesting things going on in my life to know the minuate of different councils parking restrictions, to know I should have feigned loading, or to have been alerted by the move into PCNs via CCTV. But fortunately I really enjoy learning the minutae to get off them. 16 from 17 and counting! Not bad eh mr mean? When I spoke to the council appeals department the team leader told me "well you should have just taken the call and carried on driving - thats only a £30 fine!"... when I pointed out that this could have resulted in an accident she backtracked somewhat - but I think that gives some idea of the councils attitude to this! 'Money grabbing cnuts' is the phrase that springs to my mind.... but Im sure you're a lot nicer in the leisure centres....
  7. As stated in another thread I was on the yellow line. I had dropped my flat mate off around the corner (on a double) to run into the bank and knew I couldnt park and wait for him on the double, so I drove round to a quiet residential street, pulled up on a yellow, made a call, then 3-4 mins later drove back and picked him up. I did genuinely believe that you were allowed to park on a single yellow for 5 minutes - what I did not realise is that you need to be seen to be loading. Are there any other grounds to be stopped on a single yellow? So I was wondering - seeing as I am morally against parking tickets being issued via cctv (!) - what my grounds for appeal could be on this one? My options at present are that: - I had pulled over because an oil light had came on and I phoned my mechanic. The car was on its last legs and I have a note from the DVLA saying that the car was scrapped a month or so later, and I can get a note from my mechanic saying that the car had a problem with the oil. - The engine was running at all times and the car hadnt actually stopped. which both seem pretty weak.... so any advice or ideas are appreciated!
  8. appeal it. say you were loading and that the reason that the reason the warden did not observe any loading was because the car was locked as you were loading valubles - a painting, a stereo, a rare cat (use your imagination) - to an address on that street near where you were parked. you have 10 minutes for loading on yellow lines and they normally have to see you loading. The above is a good reason why they did not - a parking warden told me that one and it works like a dream! I know green & mean and the big lush won't like it...but let's face it is fun. You may not be able to beat the system - but you can certainly have good fun trying
  9. Personally I do feel that it lessens my quality of life to have parking tickets issued by cctv. You may feel that this is an extreme view but I have since refused to drop friends off on loading bays, not visited certain shops and it has certainly increased my paranoia when driving and parking. A parking ticket from a warden is a fair cop. A cctv camera on a junction, red light, speed cameras, etc again all fair cops. But it was an empty street round the corner from my house, very wide, very residential and I made a decision to pull over to take a very important work call rather than carry on driving. I have a residents permit for that borough. Had I realised their were cameras I would have just pulled 10yds forward on to a residents bay. Should I have seen a warden I would have driven off. And I honestly had no idea that 1 minute parked on a single yellow line with the engine running on my car constituted a driving offence. Does it? Could I not argue that the car was moving. I am fully in favour of parking restrictions being enforced fairly strenously when safety issues are a concern or indeed the traffic flow. Unfortunately with some councils around me in central london, most noticably westminster, it seems that revenue creation is a large consideration. I do feel that to pull over on a yellow line at 3pm in the afternoon to take a call on an empty street does not warrant a fine equivelant to a day's work for me.
  10. ok... ta gary... I will type it up in the morning as does seem a little different from ones mentioned in other threads
  11. just really wanted to double check that this is still the strategy to stick with.... looks like we are finally getting somewhere with this one!
  12. and also sending this covering letter: (edit)
  13. Am pursuing two claims against barclays for my flatmate & missus... started 3 months apart but both now seem to have got to exactly the same stage with Am guessing that quite a lot of others may well be in this same boat with this preliminary hearing and I am guessing that the strategy is the same as outlined on this previous thread... http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/56933-tjc-ltsb-2.html ie.. sending the draft order for directions... (edited)
  14. FINALLY got a court date... and I think I am in with a lot of other people on the 30th July...
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