PCN Stress, Please Please Help Me

[ParkingFairly]

I’m really anxious for advice and would greatly appreciate any anyone can offer me. I am a disabled person living in Barnet and I drive and park outside my home. The street I live on has restricted parking between the hours of 2-3pm Monday to Friday. It’s a small street with a dead end and isn’t particularly busy. I am in regular receipt of PCNs because I park with two wheels on the kerb as does everyone else in the street because it’s very narrow and cars would not be able to get through – ironically, THEN we’d be obstructing traffic. Everyone else in the street either works or is able enough to move their car between 2-3 to avoid a ticket, but due to my disability I am not always able to go out and this is usually when I get a ticket.

 

This is a bit of a long story but I want to make sure all the details are available just in case anyone thinks of anything that may be of help (thanks in advance if you do).

 

As mentioned, I park with two wheels on the kerb. Just a few feet away from where I park there are parking bays that are half on the pavement so obviously Barnet Council has acknowledged that on this particular stretch of road, parking on the kerb is necessary. The argument they make in their rejection notices is that it is totally illegal to park with any wheels on the kerb as prams and wheelchairs need to pass. Of course I understand this, which is why I never park on the other side of the road so any wheelchair users and prams can pass freely without endangering themselves. The kerb that I park on is very narrow and is very rarely used as a walkway.

 

I have argued this point constantly but to no success. Many of the tickets have got to bailiff stage and I have ended up having to pay the costs as I have felt constantly harassed. The experience of a bailiff calling is very intimidating for a disabled, single female like myself. Barnet will not listen to me and I see this happening again and again and I am getting so frustrated and desperate for help.

 

Yes I could find somewhere else to park but parking in my area is limited so I would have to park far away which would create a real struggle for me to get home. Plus I find it appalling that I would have to struggle to get home so that the rest of my able bodied neighbours can park directly outside of their home. I have considered applying for a disabled bay, but there are people on my street who possess a disabled badge, and so I believe this would not be a solution to my problem.

 

I have gone to CAB for advice and called all solicitors but nobody is willing to help me. I cannot believe that this is something that I just have to accept and get on with so please, anyone who can offer me any advice, or even point me the right direction would be so greatly appreciated. I feel victimised and harassed.

 

Thanks so much for reading and I hope I haven’t bored you!

[Bernie_the_Bolt]

ParkingFairly,

 

There's a lot here and I will try to deal with as much as I can.

I have also asked the mods to move this to the parking ticket section as I think it will get the attention of the people who will best be able to help.

 

If I understand you correctly, you have been getting tickets for parking with one or more wheels other than on the carriageway.

 

The first thing to understand is that parking in this way in London is not allowed unless it is exempt. Sounds daft but basically what it means is that yo cannot park on the pavement unless there are signs to say that you can.

 

From your post it sounds like the reason why you have been getting tickets is because you were parked outside the marked lines on the road and pavement.

 

So the first thing to ask is is there any reason why you cannot park within the lines in future?

 

You also say that many of the tickets have got to the bailiff stage. Is this because you have not appealed to the council first once you got the notice to owner and then to the adjudicator? Did you ignore them and hope they would go away or did you not get the paperwork?

 

You say that you have considered applying for a disabled bay but that there are others in your road with disabled badges too. Can you all get together and ask the council to instal sufficient bays for you all.

 

Finally, do you have the paperwork for your old tickets, including the PCNs. It is a bit of a long shot and hopefully someone else can tell you what to do as its not my strength. You MAY be able to claim some of the money back as Barnet had last year a case against them that their tickets were unlawful. If you don't have the paperwork then there still MAY be a solution but it will be some more work.

 

Don't get your expectations too high on this, I don't know how it will work but if someone does not post an answer in the next few days I'll do some research for you.

 

In the meantime I really suggest you only park in the marked areas.

 

Good luck

[Bernie_the_Bolt]

Postink link to this thread on the restitution issue for future reference.

[bmwman]

Hi Parking Fairly

Bernie the Bolt has posted a link to my thread so will try to help as much as I can. Firstly do you have the means to scan say the oldest and newest Penalty Charge Notices along with the oldest and newest Notice to Owner after removing personnal details. Go to this website ImageShack® - Hosting and open an account its free. You can then upload the scan so they can be place into your thread for scrutiny.

If you do not have all the PCNs then it will take a little longer to sort out but all is not lost.

You will have to send a Subject Access Request letter under the freedom of information act 2002 and request the following

1 A copy of all Penalty Charge Notices pertaining to your car registration rumber and Home address for the past six years.

2 A copy of all Notice to Owner pertaining to the above PCNs

3 A copy of all Charge Notices pertaining to the above PCNs

4 A list of all Payments made to Collection Agencies and Bailiffs to include amount paid and date paid

5 A copy of the Traffic Regulation Order for your road

If you have any outstanding PCNs that have gone to bailiff stage you need to file statutory declerations as soon as possible. This will get the off your back

these can be found here http://www.hmcourts-service.gov.uk/cms/files/OOTApplicationPack.pdf. We will try to get outstanding PCNs cancelled and claim restitution for those already paid.

I have already had one ticket cancelled from Brighton link here Is it Valid - FightBack Forums.

Any problems PM me

[Medusa]

The disabled get no fair treatment, and My Judge asked me what does an ordinary person do when they get this kind of treatment. I replied. They go under.

In the first exchange the council took away their costs of £4000. It was not heard, and I haven't finished with them. They put my health and life at risk with the stress of disambiguation of twenty proved false representations.

Here is an insight to the 700 claim, all going public soon.

 

A link to the site is

law, logic,reasoning, truth, falsity, perjury, mendacity, knowledge, belief, cases are Amtrak, Telewest, Met Police, Landlords, bank, CPS, retailers, formal calculus of logic, syllogisms, Shakespeare, Aristotle, Plato, Russell and others. Winter V Ro

and the acts they breached also at

 

http://www.logiclaw.co.uk/Acts/acts.html

 

The very first exchanges are at

Logic Reasoning Thought Laws

 

Good luck,

 

Case issued December 11th 2006, first hearing thwarted, and many CPRs breached as well. March 2007.

 

 

Particulars of Claim. ( Claim Nr. 6CL ??????? )

Statutes in contrariety, breach or contravention listing “ACT(s)” numbered 1-15, with brief introduction and statement of claim, followed by a more detailed list plus case law rulings, the Parliamentary Ombudsman's six principles of good administration, and others after the introduction. The claimant shall rely on case law rulings, with application of disciplines in reasoning of formal logic, syllogisms, scientific methodology, and contextual inferencing throughout traversal.

“Without prejudice whatsoever” Traversal index.

1. The Road Traffic Act 1991, section 66 – (3) ©,(d),(e), plus attempt at section 70, ( JR ?)
   


1. Claimant sees this part as a “mistake of fact”, nullity, and unenforceable at the outset.
   

[*]The Road Traffic Act 1991, SCHEDULE 6.—2. (7), (a), (b), 4. (a), (b), ©, 5. (1), (2), (3). plus 6.—(1), (2) (a),(b),©, (3). and 7. Unlawful and wilfully negligence in conduct.

Breaches in SCHEDULE 6, over time, mean and have consequences for the remainder.

1. Disability Discrimination Act 2005 Chapter 13, part 2, part 5, 21B – 1, 21E Duties for purposes 1. -(b), 4. ©, (d) and 49A General duty parts -1. (a), (b), ©, (d), (e). Disfavoured.
   
2. Protection from Harassment Act 1997, Chapter 40, 1. - (1), (a), (b). Breached.
   
3. Human Rights Act 1998 (UK) Chapter 42, 6. - (1), and (6) "An act" includes a failure to act, plus Derogations. 14. - (1), Breached.
   
4. The European convention on Human Rights, Protocol 5, Article 6, Article 8, parts 1, and 2, Article 14. Breached
   
5. Tort, Breach of Statutory duties,Negligence in the above recitals, - duty of care imposed by compliance with, and breach of duty of care arising from the purpose of the ACTS 1-5 above, and that this duty passes the three stage Caparo test and Wednesbury principles.
   
6. Magna Carta. Relevant clauses 39, 40. as collateral constitutional declarations & principles,
   
7. Declaration and Bill of Rights 1668-9, relevant tenet. Where it will be shown that there ARE TWO de facto contrarieties of de jure constitutional declarations that are as close to the pure form of contradictions as to make present rulings at PATAS logically untenable.
   
8. The Administration of Justice Act 1970 S.40, 1:-- (1),(a), d. (2). Preceding 3. above in time.
   
9. Freedom of Information Act 2000. 10. - (1). Breached
   
10. Misrepresentation Act 1967, in general terms, negligent and fraudulent.
    
11. One other Act, breach and clarification to be unfolded at stage 2, or at the outcome of case.
    
12. Deposing false statements and allegations, - as truths.
    
13. Malfeasance. 16. The Theft Act 1967 17. The Fraud Act 2006