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gunnboy21

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  1. Having done some research here is my reply. I note from your comments that you state all signage is compliant with The Traffic Signs Regulations and General Directions 2002, this is clearly not the case. Part 1, Section 1, Item 4 - Interpretation - general states that a "controlled parking zone" means either - (a) an area - (i) in which, except where parking places have been provided, every road has been marked with one or more of the road markings shown in diagrams 1017, 1018.1, 1019 and 1020.1; and (ii) into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 663 or 663.1; You state that there is no requirement under legislation to erect anything other than “Zone Entry” signs. This is incorrect as is clear from the above citation, road markings are a requirement to identify areas defined as parking places. The road markings in Garnet Street are wholly inadequate as there are no markings on the road defining parking places (see picture 1). In addition, the double yellow lines (see picture 2) as defined by diagram 1018.1 are incomplete and also do not conform to The Traffic Signs Regulations and General Directions 2002. I would again remind you of the High Court ruling in the case of Davies v Heatley 1971 in which it was ruled that "Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind".
  2. Hello everyone... My Son parked his car at the beginning of March in Glasgow and didn't know he had parked in a parking space, as the road he parked on had no lines visible, they were worn away (we have photos). He didn't see the sign saying voucher scheme.. typical. Anyway, I wrote and said the ticket was invalid as it didn't show time first seen.. as it doesn't. I also said... "I believe that since the signage relating to parking on this stretch of road does not conform to the requirements of the Traffic Signs Regulations and General Directions 2002, then this PCN is unenforceable. I would remind you of the case of Davies v Heatley 1971 in which it was ruled that "Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind"." They have replied today stating the PCN is valid, even though it doesn't have the time first seen stated. Also, the area is a voucher controlled area and that zone entry plates are placed at each vehicular entrance to the area. All signage complies with "Traffic Sign Regs etc. 2002". There is no requirement under legislation to erect signs other than zone entry, the onus rests with the driver to ensure the vehicle is legally parked. Anybody got any thoughts? Thanks.
  3. I took them to court through summary cause... scottish law and they've settled... full amount plus interest and epxenses paid into my account yesterday and letter arrived this morning saying they have lodged their wish to defend and admit no liability. Who cares... they paid... I won.. Yeeeesssss. Next, Claim no 2....
  4. Update for those interested... Technically the vehicle was being loaded/unloaded. However, you have a 5 minute window to be seen loading the vehicle otherwise a ticket will be issued. There is no limit to how long the vehicle can be loaded for, but you must be seen to be loading the vehicle. If this happens to you and you see the cash machine, I mean warden, ask them to note you are loading in their book.
  5. Question for you all... I parked a hire car overnight in Slough outside a travel lodge. Parking was single yellow with restricted hours 8am-6pm. I had breakfast and checked out the hotel at 7:55am. went to the room, collected my bags and went to load them into the car. The lift was broken so had to walk up and down. I go to the car at about 8:15am put in two laptop bags and go to get my case, I arrive at the vehicle at about 8:25am and there was a ticket on it and the parking attendant was taking a picture of the car. I have sent a letter to central parking systems saying the ticket is invalid due to Date of issue and time first seen, but they have rejected even though the ticket is unclear... you can't read the times on the printout and it only says date of notice. After some research. I was thinking about sending another letter stating the vehicle was being loaded/unloaded and was not parked, but I'm unsure what the law allows. All thoughts would be great.. thanks.
  6. Hello everyone... I joined the forum back in March and after reading many many posts and the FAQ section... (all my questions were answered and some I didn't think of... anyone reading this... go there first!!) ...I decided in August to begin. I have a note of my bank charges going back to Feb 2005 (I use a money management programme from a large software vendor - you figure out who). The total amount of charges is ~£1,500. So armed with the letters from the library, I sent the Halifax the preliminary letter on the 31st August. Here is what happened: 2nd Sept - Reply letter saying, we will look into your complaint and get back to you within 4 weeks... blaa blaa. 7th Sept, 1400 - Call from Halifax called to discuss letter regarding bank charges, he said the law I refer to is for credit cards, not bank accounts, although he was prepared to make an offer. The offer was £230, I said that was great, could he put it in writing, but that I would not be accepting it as full and final settlement. He then said he could go a little higher, I asked how much, he said £300. I again said, that I would accept thet offer but not as full and final settlement. He said he would confirm the £230 in writing, I corrected him, the amount was £300. He agreed and will send a letter confirming. 9th Sept - Letter received from Halifax offering £300 as full and final settlement with response form on back asking for us to sign away the rest of the money. 11th Sept - Letter before action posted in their own reply paid envelope (ha haa) requesting the full amount be repaid. 18th Sept, 1825 - Halifax called in response to the letter before action asking if there was an amount of money I would accept as full settlement othert than the full amount. He said they were not prepared to pay back the full amount because they felt they were entitled to something to cover the costs. I said I would accept "one thousand four hundred and sixty two pounds and seventy five pence, please". He said that the most they could go to was £691, but if I wasn't prepared to accept that we would reach an impass. I said I had already told them in the last paragraph of my letter what I would do if full settlement was not offered and that I would begin a claim against them. He said he would write and confirm the amount offered. 20th Sept - Letter received from Halifax saying I have declined to accept the offer of half the charges and they are not prepared to repay charges dating back 6 years. (Please note, I am claiming back to Feb 2005 - shows how much attention they pay to what you write) if I want to take it further to contact the financial ombudsman. So now I am beginning a court claim. However, I live in Scotland!!! The rules are different up here, small claim limit is £750 per case compared with £5000 in England. I hope this is useful to someone. I'm off to research the Scottish section of the forum. Bye for now.
  7. Hello Everyone... Just thought I would say hello and thank you to all involved, I am about to start a claim after no satisfaction from asking for my money back... I will put my Story in the Halifax section... I have kept a diary so you can follow the events. Thanks...
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