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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
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solent68

PCN Hove Brighton

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Hi, In August I managed to obtain a parking ticket whilst loading/unloading my car with my student son's goods in his student house in Hove Brighton.

 

You cannot stop at the front of his house and you have to stop in the road at the back of his house. The house has double gates you have to lock from the inside. Directly outside the property at the rear there is a dropped curb with double yellows, a disabled bay next to it belonging to the neighbour who never parks in it but always takes up space in the pay and display bays - Grrrr!!! The rest of the spaces are permit holder only with no time frame for stopping for unloading/loading.

 

As I was locking the gates from the inside (you cannot lock them from outside) and walking from the front to the back of the property (which is one road away) one of their lovely parking wardens issued me with a ticket for stopping in the permit holders bay. I could not stop in the pay and display area as there was no space, you cannot park at the front of the property as there is a pelican crossing, I did not want to stop on the double yellow lines or in the disabled bay and this was the only alternative as there was nowhere else to load/unload. I did ask him at the time where I could stop to unload/load a vehicle and he said "there are bays around here" but could not direct me to one, I had already told him I had looked and asked him to tell me where the nearest one was but he didn't know.

 

It is impossible to stop and load in the road my son's house is in unless you can find a pay and display meter empty and buy a ticket, which I would have done if that had been possible. I literally stopped for 5 minutes to shut up the rear gates after we had them open for the loading/unloading. The warden told me to make an appeal against the fine.

 

So I appealed against the fine through their online system and got a return email stating that they would reply within 10 days. 10 days later no response, in fact it took them from the 13 August until 8 October to make a response stating they could not enter into email correspondence but needed an address to communicate regarding my challenge.

 

I have since received another PCN in regards to this by post. Question is as they have not responded to my challenge within their own time frame can I use this in my challenge? It wasn't even as though it was just outside but nearly 2 months later!! What should my next move be? I was going to print off the challenge I had already made by email and their response showing they are way outside their own time frames and use that in my challenge. Am I going down the right route here?

Edited by solent68

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If you got a ticket for a parking bay, please supply photos of that bay, with clear photos of the end markings at both ends of the bay.

Please also show the line down the outside of the bay, and anything that is written down that line, also get a photo of the restriction signs which are applicable to the bay where you parked.

If you can get measurements of the parking bay from the kerb stone to the dotted line on the outside of the bay from both endsof the bay.

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So I appealed against the fine through their online system and got a return email stating that they would reply within 10 days. 10 days later no response, in fact it took them from the 13 August until 8 October to make a response stating they could not enter into email correspondence but needed an address to communicate regarding my challenge.

 

I have since received another PCN in regards to this by post. Question is as they have not responded to my challenge within their own time frame can I use this in my challenge? It wasn't even as though it was just outside but nearly 2 months later!! What should my next move be? I was going to print off the challenge I had already made by email and their response showing they are way outside their own time frames and use that in my challenge. Am I going down the right route here?

 

They are not obliged to reply within 10 days - it sounds like an internal standard they have. The fact that it took longer does not affect the position you're in.

 

You haven't said what you did between them asking for an address and you receiving "another PCN" (I take it you received a Notice to Owner). Did you provide them with an address at that point, or just sit tight?

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I asked them for a copy of their complaints procedure as it clearly states in their response that "a response will be received within 10 working days" (I got absolutely nothing at all for nearly 2 months) whether this is an 'internal standard' or not is irrelevant, if you can't meet it don't publish it! I never gave them an address other than my email. They refuse to communicate by email even though they accept appeals against tickets by email.

 

The fact was I was loading a vehicle with heavy goods and there are no bays for loading in the road or surrounding area even though I was told I could park in one by their own warden who could not direct me to one. There are no other options as it is a permit holder area.

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whether this is an 'internal standard' or not is irrelevant

 

You asked in your original post "Question is as they have not responded to my challenge within their own time frame can I use this in my challenge?" - and this is the answer: If it was a legal obligation then you would have a case for having the PCN cancelled without further ado. Because it's only internal, that means you'll have to go through the appeals route. So it's very relevant to where you stand.

 

I never gave them an address other than my email.

 

The council is obliged to respond to appeals by post. Therefore they will not consider appeals without a return postal address. This will be why you did not get a reply until now, when an NTO has been issued. Procedurally, the Council has followed the course they are supposed to, so again no route to contest it that way.

 

The fact was I was loading a vehicle with heavy goods and there are no bays for loading in the road or surrounding area even though I was told I could park in one by their own warden who could not direct me to one. There are no other options as it is a permit holder area.

 

This is something you will have to put to them in a written appeal. It's a pity they wouldn't consider your emailed appeal because that would have retained the discount rate if it was rejected - the appeal now has to be at the full rate.

 

Maybe if you can post some photos up. someone can find a technical problem with the bays or signs. Otherwise, your only option is to write in to them and explain the circumstances.

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Bad advice. this is a council ticket. You are allowed to open and close gates I believe. Also see "Jane Packer Flowers"

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