Jump to content


  • Tweets

  • Posts

    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

5 PCN's in one week - help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4867 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

hey guys,

 

If anyone can help.

 

I'm typing this on behalf of someone who's a taxi driver and is pretty much as clueless as me when it comes to this.

 

they've received 5 PCN's in the space of one week by post -- 4 arriving on the same day.

They all relate 'being in a bus lane (during the hours of operation of the bus lane' and all have taken place on the same street.

 

The initial PCN that was received mentions the the date PCN as 13/10/2010 but the letter wasn't posted until the 19/10/2010 and received by post on the 20/10/2010. Near a week has gone in that regard.

 

Is there anything that can be done? Honestly. it's a lot of money for them.

 

thanks for any help

Link to post
Share on other sites

thank you peeps for the responses!

 

lol, green_and_mean. here's the first letter sent with the personal info edited. This arrived on the 20/10/2010

 

http://i779.photobucket.com/albums/yy75/functions1/PCN1Edit.jpg

 

http://i779.photobucket.com/albums/yy75/functions1/PCN1ProofEdir.jpg

 

the taxi is a private hire. Should I upload all others? they're similarly formatted

Link to post
Share on other sites

http://www.thetelegraphandargus.co.uk/news/8450473.New_bus_lane_cameras_rake_in___500_000_fines_in_three_weeks/?action=complain&cid=8852651

 

Seems like a few people have been caught!!

 

PHV are not permitted only hackney carriages (taxis not mini cabs). I remember looking at the location when I first read the article and thinking the signage was a bit iffy so I'll have another look and see if there is grounds to appeal.

Link to post
Share on other sites

The PCNs look to be invalid http://www.legislation.gov.uk/uksi/2005/2757/regulation/8/made states that the discount runs from date of service (when it arrives), the PCN states it runs from the date of notice (posting). It also states that if you don't pay they WILL issue a charge certificate notice, it should say MAY issue one. There may be more errors but you have missed out the second page. These look winable your friend could be VERY popular amongst local mini cab drivers!!

Link to post
Share on other sites

Oops, I didn't include the overleaf bit as I assumed it wasn't really important (was that silly me?). Here it is uploaded anyhow: http://i779.photobucket.com/albums/yy75/functions1/PCNoverleaf.jpg

 

How strong is this looking though? Has anyone ever won on these grounds? Reading a little from other threads, I'm guessing I'll wait till near the end of the 14 day period to appeal?

Link to post
Share on other sites

Oops, I didn't include the overleaf bit as I assumed it wasn't really important (was that silly me?). Here it is uploaded anyhow: http://i779.photobucket.com/albums/yy75/functions1/PCNoverleaf.jpg

 

How strong is this looking though? Has anyone ever won on these grounds? Reading a little from other threads, I'm guessing I'll wait till near the end of the 14 day period to appeal?

 

I'm pretty confident and with 5 PCNs and the possibility of more you have nothing to lose, I'd say you have a 90% chance of winning.

 

Dear Sir,

I'd like to appeal against PCNs xxxxxxx xxxxxxx xxxxxxx (insert no.s) on the grounds that the Penalty Charge is higher than applicable in the case due to an invalid PCN notice in each case listed.

The Bus Lane Contraventions Regulations 2005 clearly states the 14 day discount period runs from the date of service, the notice served states that the discount runs from the date of notice. This unlawfully shortens the discount period by 2 days invalidating the PCN.

The regulations also state that the PCN must state that if no representations or payment are made before the end of the 28 day period a charge certificate MAY be issued, however the notice served states that a charged certificate WILL be served which is not correct and invalidates the notice.

Under the representations section the PCN states that one of the statutary grounds is: the alledged contravention is subject to criminal procedings or a fixed penalty notice as defined by the section 52 of the Road Traffic Offences Act 1988. There is no such act, fixed penalty notices are issued as definded by the Road Traffic Offenders Act 1988. The notice fails to correctly state the statutary grounds for representations, invalidating the notice.

I therefore request the invalid notices are cancelled at the earliest opportunity.

 

Your faithfully

 

Mr A Cabbie esq.

Link to post
Share on other sites

Oops, I didn't include the overleaf bit as I assumed it wasn't really important (was that silly me?). Here it is uploaded anyhow: http://i779.photobucket.com/albums/yy75/functions1/PCNoverleaf.jpg

 

How strong is this looking though? Has anyone ever won on these grounds? Reading a little from other threads, I'm guessing I'll wait till near the end of the 14 day period to appeal?

 

Appeal ASAP using the letter above, the grounds are good and you can be the first to win in Bradford. If you win stick it in the paper there will be a lot of people looking for refunds!!

Link to post
Share on other sites

oh wow, thanks ever so much green_and_[not_quite_so]mean!

 

Bit confused on the first bit:

 

'I'd like to appeal against PCNs xxxxxxx xxxxxxx xxxxxxx (insert no.s) on the grounds that the Penalty Charge is higher than applicable in the case due to an invalid PCN notice in each case listed.'

 

Sorry for being a dunce but what do you mean by that?

 

Do you think it's worth me mentioning about the first one arriving near a week late. I've been provided with the envelope that clearly proves it too or is that irrelevant in comparison to the other points?

 

lol..I'm going to get on this straight away. first time for me and the person involved. I'll keep you all updated!

 

ta again

Link to post
Share on other sites

There are set statutary grounds such as you didn't drive in the bus lane, the applicable grounds in this case is as stated. The PCN is invalid so the charge should be zero, not £100. Bus Lane grounds are a bit odd so its the best suited from the list, they are meant to accept any other applicable reason anyway so it doesn't really matter.

You can also add if you want that the PCN states two locations, from google maps bridge st and market st are two different bus lanes if this is true then it should state one or the other not both.

Link to post
Share on other sites

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

the driver doesn't want to lose the chance at the discounted rate if the informal appeal in rejected

 

here's what I thought they could do:

 

await a response for the appeal letter already sent (thanks once again to green and mean for that!)

 

if they reject, pay at the discounted rate within the (further) 14 days provided and then take it to an adjudicator in the hopes of getting a refund.

 

what do you think? would that work?

Link to post
Share on other sites

if they reject, pay at the discounted rate within the (further) 14 days provided and then take it to an adjudicator in the hopes of getting a refund.

 

what do you think? would that work?

 

No, the system does not allow that. The system only allows challenge and pay if defeated. Or pay and be done with it.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

If he is that worried just send the same letter again with the new PCN details or you may want to wait a day or so to see if there are any more. There is a good chance of winning I know I'm correct and Bradford is new at this and probably has less experience of cctv legislation than I do, lol. The fact that they are even ticketing the Police in marked cars shows they have not got a clue.

Link to post
Share on other sites

If this is still the same its not correctly signed either..

 

http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&q=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&sll=53.800651,-4.064941&sspn=16.785206,46.362305&ie=UTF8&cd=4&geocode=FYzRNAMdkD_l_w&split=0&hq=&hnear=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&ll=53.793338,-1.753607&spn=0,0.022638&t=h&z=16&layer=c&cbll=53.793277,-1.753476&panoid=FpIbNa8HNl7R9tKMEujgdg&cbp=12,104.44,,0,5

 

there is an advance no left turn except buses but nothing at the junction which I do not think is correct.

 

http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&q=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&sll=53.800651,-4.064941&sspn=16.785206,46.362305&ie=UTF8&cd=4&geocode=FYzRNAMdkD_l_w&split=0&hq=&hnear=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&ll=53.793122,-1.75307&spn=0,0.022638&t=h&z=16&layer=c&cbll=53.793061,-1.752952&panoid=zVpU6-6p8etpg5Ld6hBQPg&cbp=12,104.44,,0,5

 

The 'no entry' sign on the left is also unlawful since it is in the wrong place it is a sign that provides a restriction where its placed, where as here it means past the traffic lights.

 

The cycle lane at the left turn is also a joke as the first sign says cycle lane turn left, yet at the lights the sign says no left turn, so cycles cannot use the lane without contravening the sign.

 

This all shows that with a proper on site examination the signage is most likely non compliant and confusing for the entire scheme.

Link to post
Share on other sites

thank you all so much for the responses!

 

been incredibly busy of late. so anyway I've decided to wait a while before sending off the latest appeal letter in case anymore come slurking.

 

thanks again for the advice/info/help

Link to post
Share on other sites

Couple of observations on this (and i know i'm going to regret this!), the signs at the start of the bus lane are there according to this; http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=Market+Street,+Bradford+BD1&sll=53.791411,-1.753006&sspn=0.006401,0.022638&ie=UTF8&hq=&hnear=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&ll=53.79311,-1.753049&spn=0,0.022638&z=16&layer=c&cbll=53.792927,-1.752637&panoid=gFrjM0IGrfcr-9_83UIULg&cbp=12,131.27,,0,3.38

 

I also note that the word 'taxis' is missing from the blue signs. As they stand, it allows buses and cycles to use the lane ONLY. Not sure how the cycle lane 'no entry' sign is relevant but it should state 'except cycles' on the sign. Not that many cyclists take notice of traffic signs anyway!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

Link to post
Share on other sites

Couple of observations on this (and i know i'm going to regret this!), the signs at the start of the bus lane are there according to this; http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=Market+Street,+Bradford+BD1&sll=53.791411,-1.753006&sspn=0.006401,0.022638&ie=UTF8&hq=&hnear=Market+St,+Bradford,+West+Yorkshire+BD1,+United+Kingdom&ll=53.79311,-1.753049&spn=0,0.022638&z=16&layer=c&cbll=53.792927,-1.752637&panoid=gFrjM0IGrfcr-9_83UIULg&cbp=12,131.27,,0,3.38

 

I also note that the word 'taxis' is missing from the blue signs. As they stand, it allows buses and cycles to use the lane ONLY. Not sure how the cycle lane 'no entry' sign is relevant but it should state 'except cycles' on the sign. Not that many cyclists take notice of traffic signs anyway!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

There is more than one bus lane but the one you have shown is non compliant due to the left hand sign being no where near the left hand kerb (the bus is actually driving on the footway for some strange reason) as the edge of the carriageway is denoted by the DYL and the right hand sign has an unlawful combination of a no entry sign and buses only sign it should be one or the other.

Link to post
Share on other sites

  • 4 weeks later...

hey guys,

 

got an update.

 

letter receieved today about the multiple PCN's issued requesting us to contact them to 'review the situation' even if a payment was made. their appeals procedure has been reviewed to consider the fact that 'offending motorists incurred multiple PCN's before receiving their first notification'.

 

'If you re-offended prior to receiving notification of your first offence, the Council may be able to cancel, or refund payment of the Penalty Charge'.

 

shall i go ahead and do that? if i'm not mistaken, it's looking good?

Edited by functions
included extra info
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...