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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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PCN for stoping half out/half in at Bus Stop - PVH Driver


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Hello everyone,

 

I am driving Private Hire vehicle at night and I was caught by a CCTV camera droping off my passenger on " Feltham Railway Station " at new road side. Because one cant drop the passenger inside the bays or entrance of station, it is only for local buses.

 

Contravention : 47 Stopped on a restricted bus stop or stand

 

Picture 1

 

Picture 2

 

Picture 3

 

TFL Guidelines for PVH :

Bus stops

Although PHVs can stop to pick up or set down passengers at some London bus stops, it is recommended that drivers avoid these to reduce disruption to bus services. PHVs cannot stop at ‘bus stop clearways’ marked with a wide yellow line by the kerb and should not stop at bus stops on red routes.

 

Now I guess the bus stop was clear way, but after looking at all pictures I think there is some chance to challenge the PCN as my vehicle is not fully in/at bus stop.

 

any help help please. Thanks in advance

Edited by innocent_man
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Was there a plate indicating it was a 'clearway bus stop' with the wording 'No Stopping except Buses' on it?

 

I haven't notice by time of drop, but can't see any plate saying ( clear way/ no stopping except buses ).

 

I saw by google street view Just two plates each side of bus stop on lamppost ( Mon - Fri 7am.6pm ).

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Firstly a couple of points to note; The fact that your car was 'not fully in the bus stop' would not be grounds for appeal if any part of your car was in the bay or stand indicated by the thick yellow line. Secondly as soon as someone alights/boards, you car is deemed to have 'stopped' thus making the contravention. Unlike normal double yellow lines, there is no exemption for boarding/alighting in a restricted bus stop or stand.

 

Having said all of the above, I have taken a look on street view and I'm not sure that the correct signage is in place. The plates seem to be normal 'no waiting' plates with a time restriction thus meaning that the stop isn't a clear way. If that is the case, you can appeal that the contravention didn't occur sighting that the PCN is for the wrong contravention.

 

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Having said all of the above, I have taken a look on street view and I'm not sure that the correct signage is in place. The plates seem to be normal 'no waiting' plates with a time restriction thus meaning that the stop isn't a clear way. If that is the case, you can appeal that the contravention didn't occur sighting that the PCN is for the wrong contravention.

 

 

google image is 4 years old!

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Too late for this situation now, but can I ask why you didn't stop on the road just before entering the bus stop? The road looks suitably wide so as not to cause an undue hazard and, although it appears there may be yellow lines along the road, you would definately be entitled to the boarding and alighting excemption.

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Too late for this situation now, but can I ask why you didn't stop on the road just before entering the bus stop? The road looks suitably wide so as not to cause an undue hazard and, although it appears there may be yellow lines along the road, you would definately be entitled to the boarding and alighting excemption.

 

I was stupid, I try to help the buses want to enter in the station or the traffic coming behind me, But I think selfishness is the best thing you can do on the road like black cab drivers.

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  • 1 month later...

After the rejection I decide to go to PATAS with all the pictures proof and a cover letter. Today i receive a letter from Local council telling:

 

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

 

Dear/Madam,

 

Please be advised that the council are not contecting the appeal against the penalty charge notice stated above, which is currently lodged with PATAS. The appeal will therefore be allowed without considering your evidence or any details of the case. You are therefore not liable for any further charge(s) and, where appropriate, any amounts already paid will be refunded in due course.

 

If you asked for an appointment with the adjudicator, this will be cancelled and you should not attend.

 

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

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Assuming your Appeal to PATAS was exactly the same as your Representation it could be argued that in their Rejection the LA were being vexatious (ie. trying to bluff you into paying the PCN) and as such could be ordered by the Adjudicator to pay your costs.

 

I have included this point in Appeals previously - and also been awarded costs against a LA who clearly hadn't properly considered by Representation and similarly 'folded' once an PATAS Hearing date came through.

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