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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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      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.

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Parking tickeys on driveway - urgent


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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...:-(

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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.

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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
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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....

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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.

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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

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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.

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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.

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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.

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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.

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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?

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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?

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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

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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

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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.

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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.

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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

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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

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