Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • 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 ticket for parking behind a double yellow - ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4471 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

Hello people, I received a council parking ticket last night, my car was parked outside my house and around 8pm the traffic wardens appeared slapped a fine on the car.

 

looking at the way my car was parked the front wheels were 2 inches behind the double yellow lines would the ticket have been issued because of the car overhanging ( bonnet) onto the yellow lines?

 

is it worth apppealing or just pay ?

Link to post
Share on other sites

What do you mean behind the yellow lines? Was the car on the road parallel to the kerb on a section with no yellow lines and the bonnet over the lines? If so, appeal, or even flatly refuse to pay. or was it off the road, ie in a drive perpendiculur to the kerb, with the bonnet overhanging the lines?

Link to post
Share on other sites

What do you mean behind the yellow lines? Was the car on the road parallel to the kerb on a section with no yellow lines and the bonnet over the lines? If so, appeal, or even flatly refuse to pay. or was it off the road, ie in a drive perpendiculur to the kerb, with the bonnet overhanging the lines?

 

The car on the road parallel to the kerb on a section with no yellow lines and the bonnet over the lines, the front tyres of the car were on a section of road that was unmarked inches away from the yellow lines.

Link to post
Share on other sites

So no wheels on the lines, but a bit of the car overhanging the end of them?

 

Don't take the advice above which says flatly refuse to pay - but do appeal it. I think technically they can ticket you for this, but it's not how things are normally done. I think if you fight all the way you will win (assuming the situation is how I imagine it).

Link to post
Share on other sites

I would invite them to take you to court. I used to work in parking enforcement,no danger this ticket would stand. where in the highway code does it say anything about your car overhanging yellow lines? The only time it would be an issue would be if it was causing an obstruction, in whuch case it would have to be a police matter dealt with by non-endorseable fixed penalty.

Link to post
Share on other sites

I would invite them to take you to court. I used to work in parking enforcement,no danger this ticket would stand. where in the highway code does it say anything about your car overhanging yellow lines? The only time it would be an issue would be if it was causing an obstruction, in whuch case it would have to be a police matter dealt with by non-endorseable fixed penalty.

 

Court isn't part of the PCN process. If you worked in parking enforcement, you would know this.

 

Link to post
Share on other sites

I am challenging the PCN on the basis that all four wheels were correctly parked and the overhang was not excessive nor causing a obstruction. I have also asked the Stoke-on-Trent City Council for their wording in any policy documents they have that give guides to parking offiers regarding vehicle overhangs on double yellow lines

Link to post
Share on other sites

I would invite them to take you to court. I used to work in parking enforcement,no danger this ticket would stand. where in the highway code does it say anything about your car overhanging yellow lines? The only time it would be an issue would be if it was causing an obstruction, in whuch case it would have to be a police matter dealt with by non-endorseable fixed penalty.

 

A few corrections:

 

You can't be taken to court, so inviting them to do it is absurd and also irrelevant.

 

What is in the Highway Code is also irrelevant as the Highway Code a) isn't the law, just a pocket guidebook and b) has little bearing on decriminalised enforcement policy.

 

It is an issue for the local authority, not the police.

 

It is actionable by issuing a PCN not a fixed penalty.

 

And any parked vehicle is causing an obstruction, not just those which you judge to be problematic.

 

You used to work in parking enfocement? That speaks volumes, my friend.

Link to post
Share on other sites

I am challenging the PCN on the basis that all four wheels were correctly parked and the overhang was not excessive nor causing a obstruction. I have also asked the Stoke-on-Trent City Council for their wording in any policy documents they have that give guides to parking offiers regarding vehicle overhangs on double yellow lines

 

Perfect! That's exactly what I would have done too.

Link to post
Share on other sites

You can't be taken to court, so inviting them to do it is absurd and also irrelevant.

I mean in terms of trying to recover the charge- it is the only route open to them if you refuse to pay and they won't rescind the pcn. If you stand your ground they will buckle.

 

What is in the Highway Code is also irrelevant as the Highway Code a) isn't the law, just a pocket guidebook and b) has little bearing on decriminalised enforcement policy.

A guidebook upon which the rules, be they criminal or decriminalised, must be based upon, otherwise there is no point in its existence as drivers wouldn't know where they stand.

 

It is an issue for the local authority, not the police.

IF they contravene the regulations. If causing an obstruction but not in contravention of the regulations, then it is a police matter in the same way it would be in an unregulated street.

 

It is actionable by issuing a PCN not a fixed penalty.

See above.

 

And any parked vehicle is causing an obstruction, not just those which you judge to be problematic.

I am well aware. But in terms of obstruction, I am unaware of local authorities having the power to uplift vehicles unless they are in contravention of the decriminalised regulations. I concede I may be wrong as I did not work in decriminalised enforcement and things may have changed. Surely if a car is in contravention of decriminalised regulations and is causing a serious obstruction, then the car would get a PCN and lifted? By this logic, as the car wasn't lifted it wasn't causing any serious obstruction and the PCN was issued incorrectly. The police certainly don't lift cars unless causing a serious obstruction, ie traffic can't flow at all.

 

You used to work in parking enfocement? That speaks volumes, my friend.

relevance? bugger all. i should've just claimed my jobseekers allowance and mopped up any benefits i was entitled to, eh?

Link to post
Share on other sites

Craigers, the PCN was issued for a simple YL offence (probably code 1). Your obstruction argument is therefore irrelevant. As for the OP going to court to 'recover' the charge, well coming from someone who claims to have worked in parking enforcement, I find it hard to believe to be frank. The procedure is, the OP pays or appeals the PCN. The LA turns down the appeal so it goes to PATAS. An adjudicator make a decission to either order the PCN to be cancelled or refuses the appeal. There is no court process.

Edited by sailor sam

 

Link to post
Share on other sites

I mean in terms of trying to recover the charge- it is the only route open to them if you refuse to pay and they won't rescind the pcn. If you stand your ground they will buckle.

 

No it isn't. What they do is apply for a bailiff warrant which is granted automatically without any court hearing, and the bailiffs clamp/tow the car to force payment or sell it to get the money that way.

 

A guidebook upon which the rules, be they criminal or decriminalised, must be based upon, otherwise there is no point in its existence as drivers wouldn't know where they stand.

 

A guidebook which is not complete - it is a mini summary. The absence of something from that potted version is immaterial - it's whether it's in the legislation that matters, and in this case, it is.

 

IF they contravene the regulations. If causing an obstruction but not in contravention of the regulations, then it is a police matter in the same way it would be in an unregulated street.

 

But again, in this case they were, so there's no point talking about some other hypothetical situation.

 

See above.

 

See above.

 

I am well aware. But in terms of obstruction, I am unaware of local authorities having the power to uplift vehicles unless they are in contravention of the decriminalised regulations. I concede I may be wrong as I did not work in decriminalised enforcement and things may have changed. Surely if a car is in contravention of decriminalised regulations and is causing a serious obstruction, then the car would get a PCN and lifted? By this logic, as the car wasn't lifted it wasn't causing any serious obstruction and the PCN was issued incorrectly. The police certainly don't lift cars unless causing a serious obstruction, ie traffic can't flow at all.

 

Whether an obstruction is serious enough to warrant a tow is a matter of judgment on the part of the CEO on the ground and his superiors who authorise it. Whether is was causing an obstruction at all is not something which needs to be debated, as you started to in post 7 - it was, by definition, as you agree.

 

relevance? bugger all. i should've just claimed my jobseekers allowance and mopped up any benefits i was entitled to, eh?

 

The relevance is that staff who are employed in the service are rarely adequately trained, and I would have thought that someone working inside the system should know the basic facts, for example that there's no court process. That's not a criticism of you per-se, but of the system which is meant to be a service to the wider public.

Link to post
Share on other sites

sam, i'm talking about the court route for the enforcers to claim the charge- ie non-payment, debt collectors, court??

 

i hold my hands up regarding the yellow line offence. i was of the opinion that an overhang was not an offence. i was employed by the police and overhangs were an issue that was never mentioned in training. never knew of my colleagues, wardens or cops, issuing for an overhang. clearly the criminal aspect led to more lenient enforcement. so my talk of obstruction is relevant, as if no fpn we would deal with by conditional offer.

 

so i guess that since pcns are revenue earners, the decriminalisation has led to stricter enforcement.

Link to post
Share on other sites

sam, i'm talking about the court route for the enforcers to claim the charge- ie non-payment, debt collectors, court??

 

i hold my hands up regarding the yellow line offence. i was of the opinion that an overhang was not an offence. i was employed by the police and overhangs were an issue that was never mentioned in training. never knew of my colleagues, wardens or cops, issuing for an overhang. clearly the criminal aspect led to more lenient enforcement. so my talk of obstruction is relevant, as if no fpn we would deal with by conditional offer.

 

so i guess that since pcns are revenue earners, the decriminalisation has led to stricter enforcement.

 

If the OP dosn't pay and assuming his appeal fails, then the LA will apply for a recovery order through the parking penalties bulk centre at Northampton County Court. There is NO hearing or opportunity at that stage for the OP to defend his position.

 

Link to post
Share on other sites

Ignoring the side tracking and just getting back to the OPs original question regarding the parking contravention...

 

from the OPs photo I would say it is a clear infringement of a DYL parking penalty and, to be frank, with the amount of car that is most certainly overhanging the DYL I don't believe any defence regarding "de minimus" would be succeeful. I think some other route to a defence would need to be found.

Link to post
Share on other sites

I disagree. I think it's worth a fight. The wheel is not on the line, which is the usual (though not legal) criterion.

 

exactly. The legal definition is ANY PART of the vehicle over the DYL. Not sure what you are suggesting the appeal should be based on regarding the proximity of the car to the DYL.

Link to post
Share on other sites

a) Vehicle overhang

A CEO should only issue a PCN if the vehicle is parked

incorrectly to the extent that at least one wheel is wholly in

contravention, for example a wheel being wholly outside the

parking bay or wholly on a yellow line. If all of the wheels

are within the confines of the bay but the vehicle is large

and overhangs the bay to such an extent that it causes an

obstruction equal to a normally-sized vehicle with one wheel

wholly in contravention, then a PCN can also be issued. CEOs

must use their judgement on this, and record any evidence

(especially photographic) that proves the contravention.

 

http://www.londoncouncils.gov.uk/policylobbying/transport/parkinginlondon/ceohandbook.htm

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...