Jump to content


  • Tweets

  • Posts

    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
  • 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

Parking tickeys on driveway - urgent


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4680 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

On the contrary, I'm trying to clarify the matter. It matters a lot, actually. Like I often say to my daughter - if you don't have anything constructive to say, don't bother.

 

please guys dont be upset...am sorry if i have messed things up from the start...:-(

Link to post
Share on other sites

  • Replies 79
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hmmm I wonder where he parked.......maybe I'll ask?? :lol:

 

we just parked in front of his house see how a car can park with a side on the car on the kerb ( but lowered since it is entrance to his driveway) and the other side on the road but no disruption. the yellow line is just underneath were we parked. l have been trying to upload the pcn but having trouble doing it.

 

please guys am very sorry lf i have messed things up from the beginning am just a confused person, i only have few days left.

 

please guys help me am so much in need.

Link to post
Share on other sites

Because if he was on the road, adjacent to the yellow line, the offence occured. If he was on the footpath, the offence occured (as you are not allowed to park on the footpath in London except where it is specifically signed to the contrary). If he was on private property, then no offence occured. That is why he and I asked.

 

So, wind your neck in and as advised, if you don't have anything useful to add, don't add!

 

 

 

 

Thank you so much, l dont know if this will help: we parked on the yellow line, but the yellow line is in front of his driveway (kerb dropped) which is lowered for his own entry. the property is hence private. please will this help you at all...thank you so much for all your replies...

 

please guys am runing ou tof time please help am so much in need

 

Thank you guys for your help.

Edited by tolade
Link to post
Share on other sites

Pls guys please help me i need to appeal on time please guide me through is there any template l can use to send the first message to them. Am so time restrained...l dont know what to do no am in a confused state. please guys guide me through...

 

Thank you all for al your support and replies....

Link to post
Share on other sites

You don't appear to have a case for appeal. You parked on a yellow line, while it is in force, and got a PCN.

 

You can either scour the area for missing signs etc and hope to find a technicality - or appeal on the basis of a genuine mistake. The latter may be your best bet, but you may lose the appeal anyway. Worth a try though.

Link to post
Share on other sites

Thank you Jamberson, l will surely visit the area tomrw, but pls in the mean time, do you have a template i can follow either for the fault one or for the mistake...please help me out. Things are very tight at the moment..

 

Thank you so much Jamberson

Link to post
Share on other sites

Copied from PenaltyChargeNotice.co.uk:

 

A penalty charge notice must state:

 

(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii) the amount of the penalty charge which is payable and the currency.

(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (NOTE VERY SPECIFIC TEXT)

(iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (note very specific text)

(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi) the amount of the increased charge;

(vii) the address to which payment of the penalty charge must be sent; and

(viii) (a) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and (b) specify the form in which any such representations are to be made.

 

A penalty charge notice must also have both the date of the penalty charge notice and the date of the actual contravention even if both dates are the same. If it does not it is invalid.

It must also state how the video evidence against you can be viewed A case against the London borough of Harrow was upheld because the PCN did not “sufficiently explain the right to view evidence, I.E how to access the CCTV material” (see latest news section) This only applies to parking and bus lane pcn's but many councils offer the facility to view a video of the contravention in any event.

The PCN should state the statutory grounds of appeal and also that in addition to the statutory grounds that you can also refer to any other compelling reasons or mitigating circumstances why you think your PCN should be cancelled. In a case against the London Borough of Harrow the adjudicator ruled that the PCN should have referred to “compelling reasons”. The actual PCN stated “any other circumstances” and “mitigating circumstances” See the Harrow case in the news section for full details.

Link to post
Share on other sites

aww am so grateful Jamberson, this is what my pcn contains:

  • pcn number
  • date of service of this notice
  • vehical registration number
  • make
  • colour
  • tax disc number
  • expiry date
  • location
  • contravention
  • contravention code
  • date of contravention
  • observed from
  • issued by CEO
  • penalty charge
  • a reduced cgarge

Please the above is the info i have on my pcn...is that what should be.

Link to post
Share on other sites

Copied from PenaltyChargeNotice.co.uk:

 

A penalty charge notice must state:

 

(i) the grounds on which the council or, as the case may be, Transport for London believe that the penalty charge is payable with respect to the vehicle;

(ii) the amount of the penalty charge which is payable and the currency.

(iii) that the penalty charge must be paid before the end of the period of 28 days beginning with the date of the notice; (NOTE VERY SPECIFIC TEXT)

(iv) that if the penalty charge is paid before the end of the period of 14 days beginning with the date of the notice, the amount of the penalty charge will be reduced by the specified proportion; (note very specific text)

(v) that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;

(vi) the amount of the increased charge;

(vii) the address to which payment of the penalty charge must be sent; and

(viii) (a) that the person on whom the notice is served may be entitled to make representations under paragraph 1 of Schedule 1 to this Act; and (b) specify the form in which any such representations are to be made.

 

A penalty charge notice must also have both the date of the penalty charge notice and the date of the actual contravention even if both dates are the same. If it does not it is invalid.

It must also state how the video evidence against you can be viewed A case against the London borough of Harrow was upheld because the PCN did not “sufficiently explain the right to view evidence, I.E how to access the CCTV material” (see latest news section) This only applies to parking and bus lane pcn's but many councils offer the facility to view a video of the contravention in any event.

The PCN should state the statutory grounds of appeal and also that in addition to the statutory grounds that you can also refer to any other compelling reasons or mitigating circumstances why you think your PCN should be cancelled. In a case against the London Borough of Harrow the adjudicator ruled that the PCN should have referred to “compelling reasons”. The actual PCN stated “any other circumstances” and “mitigating circumstances” See the Harrow case in the news section for full details.

 

The quote you used is actually wrong.

Link to post
Share on other sites

1. A penalty charge notice served under regulation 9 must, in addition to the matters required to

be included in it by regulation 3(2) of the Representations and Appeals Regulations, state—

(a) the date on which the notice is served;

(b) the name of the enforcement authority;

© the registration mark of the vehicle involved in the alleged contravention;

(d) the date and the time at which the alleged contravention occurred;

(e) the grounds on which the civil enforcement officer serving the notice believes that a

penalty charge is payable;

(f) the amount of the penalty charge;

(g) that the penalty charge must be paid not later than the last day of the period of 28 days

beginning with the date on which the penalty charge notice was served;

(h) that if the penalty charge is paid not later than the last day of the period of 14 days beginning

with the date on which the notice is served, the penalty charge will be reduced by the

amount of any applicable discount;

(i) the manner in which the penalty charge must be paid; and

(j) that if the penalty charge is not paid before the end of the period of 28 days referred to in

subparagraph (g), a notice to owner may be served by the enforcement authority on the

owner of the vehicle.

Link to post
Share on other sites

The PCN should state the statutory grounds of appeal and also that in addition to the statutory grounds that you can also refer to any other compelling reasons or mitigating circumstances why you think your PCN should be cancelled. In a case against the London Borough of Harrow the adjudicator ruled that the PCN should have referred to “compelling reasons”. The actual PCN stated “any other circumstances” and “mitigating circumstances” See the Harrow case in the news section for full details.

 

 

 

i really dont understand the 8a and b....

 

it does not state anything about the video evidence or pictures

 

with the above my pcn does not say anything like that, or is it optional?

Link to post
Share on other sites

Thank you so much Green_and_Mean,

 

yes i think iit contains all that you said. All the information are there on the pcn.

 

please what can i do now?

Link to post
Share on other sites

Oh bless, let us know how you got on.. for future, if you ever get a ticket, take lots of pictures of the area, the place your parked, the signs, the alleged line, if that line is faded or unclear due to perhaps lots of leaves or something you may not have realise it was there, just look for the clause. Worse case your just going to get a fine. Hope it works out not too bad.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

Just thinking about post 30.. Mitagating circumstances.. worth a try.. was there an urgent reason why you had to park quickly outside your uncles house perhaps and didnt have time to take in the parking restrictions... I can think of some potential ones, may get you no where but if its all you have.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

please l dont mind you giving me an assisitance with it. To be honest it wasnt the first time nor second time parking there but never see the restriction...all my thought was parking in front of his driveway.

Link to post
Share on other sites

Thank you guys am so grateful...please how do l appeal (post #30)

 

Google still shows missing signs and if they are still missing this will add weight to any claims regarding mitigation. Personally I cannot see any Council cancelling just because you made a mistake most tickets after all are obtained due to some kind of driver error. If you find any CPZ signs missing I will gladly draft a letter but initially you will need to do the leg work yourself.

Link to post
Share on other sites

With regard the parking bays marked out with white lines, can you tell me if there are double white lines at each end (next to the yellow line), or single white lines? It's hard to tell from the photos.

 

p.s by double white lines I mean like an equals sign =

 

 

Nope there is no double white lines or yellow lines nor single white line...all the whilte lines are dotted

Link to post
Share on other sites

sorry, I know they are dotted, but are they double dotted like this = = at the ends or single dotted like this - - ?

 

Thank you so much disgruntled2007....No they are all single dotted

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...