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    • Are these the important pages I need to upload ? 1.  pages 1-4 are court form 10a 2.  2 pages of the CCA agreement  3.  Default notice from NewDay, 22/02/20 4.   Lowell letter stating they own debt ,     Dated 16/11/20 5. Unheaded letter also dated 16/11/20 from NewDay saying they assigned “all of the respective rights etc,”  to Lowell on 23/10/20 I make this 9 relevant pages from what I can see   ( all other pages are statements/default notes and lots of FCA info sheets) just needing your confirmation in advance as I don’t want to send over pages that are not required thank you  UCM      
    • Just out of curiosity aesmith - are you a lawyer?
    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
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PCN but signs say nothing about sundays????


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parking sign.pdfparking sign.pdf

 

Parked outside my sons on the main road where i normally park in the evening when i'm there. Was 12.45 this afternoon.

 

Came down to a ticket from the council saying

 

Contravention - 1 parked in a restricted street during prescribed hours.

 

The signs that are up (see attached pdf) say mon to sat no loading between certain times as you can see from the pic and also no parking on footway or verge, was on the road and there's no verge anywhere near.

 

The only other sign as you can see says 8am to 6pm which i'm guessing is no parking even though that means if you parked at 8.15am to load a car you would be liable for a ticket as you can't park there from 8am which means the bottom sign contradicts the one above. I'm no good with signs anymore so just tend to park in side roads and car parks.

 

There was 3 cars already parked along the road when i got there and as it says nothing about any sunday ristrictions i parked as i would of an evening but mister council jobsworth decided a ticket will be issued.

 

Just to add, its single yellow lines along the road.

 

Is this one i can argue due to the signs contradicting each other and having no sunday hours or sunday ristrictions or does the bottom sign mean no parking between those times.

 

Any help would be great as i think its out of order giving tickets out on easter sunday when really even the ticket twits should have a day of....

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I would argue the case using both the contradiction of signage and confusion of signage. I would also try using a little compassion Its Easter Sunday nothing is open etc etc it wasn't causing an obstruction. Worth a try used to work when police handed out the PCN's not sure about councils flexibility. Others may help with pointing to laws etc to use.

Edited by padja
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I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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[ATTACH=CONFIG]34672[/ATTACH][ATTACH]34672[/ATTACH]

 

Is this one i can argue due to the signs contradicting each other and having no sunday hours or sunday ristrictions or does the bottom sign mean no parking between those times.

 

Any help would be great as i think its out of order giving tickets out on easter sunday when really even the ticket twits should have a day of....

 

The signs do not contradict each other they compliment each other, you cannot park between 8am and 6pm which is indicated by the yellow line/sign although you can stop to load/unload EXCEPT between the hours shown on the white sign which prohibit loading, these are basic signs shown in the highway code. Since the yellow sign has no days shown on it it indicates the restriction is anyday, yellow lines are painted for traffic management the the same as any other sign, you would not expect to be allowed to speed, ignore give way signs, no right turn signs etc just because its Easter why should yellow lines be any different?

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you would not expect to be allowed to speed, ignore give way signs, no right turn signs etc just because its Easter why should yellow lines be any different?

 

Thats not what i ment by the fact its a holiday day, even the ticket wombles should have a day off once in a blue moon is all i was saying.

 

I was there for loading and unloading. I dropped of 2x 3 foot vivs and was picking up 2x 4 foot vivs and as its the top floor and 3 flights of narrow stepsup it took about 35 mins to get them up and down the stairs. Is that better, i was loading and unloading on the same visit.

 

Now i'm guessing i'm within the law and within the times stated, or not being sunday. So i should be able to get them to cancel the ticket as i was loading my car but obviously had to lock it up while i was upstairs moving things down and so forth....

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And while i think of it. Where i live there are single yellow lines and the signs state no parking between 8am and 6pm mon to sat but say no more to do with sunday as everyone round here knows you can park on them on sunday which is where the confusion from my part comes into it..

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And while i think of it. Where i live there are single yellow lines and the signs state no parking between 8am and 6pm mon to sat but say no more to do with sunday as everyone round here knows you can park on them on sunday which is where the confusion from my part comes into it..

 

Thats because those yellow lines do not apply on Sundays hence the mon to sat, the fact still remains they only have the days on them if they are less than everyday ie mon-fri, mon-sat etc etc

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Top sign prohibits stopping at all times (except as stated in the sign containing the no loading information).

 

The bottom sign says no waiting between 8am and 6pm, which by implication means one can wait outside of those hours.

 

The problem is: one cannot "wait" without also "stopping" - where there is a "no stopping" restriction, it is also a contravention to wait.

 

If we take an example: At 7am, the top sign says one must not stop, but the bottom sign allows waiting. Therfore if one observes the hours on the bottom sign and waits at 7am, one inadvertantly falls foul of the top sign by also stopping.

 

This is conflicting - or if I have mis-understood, at the very least unclear.

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Top sign says verge or footway, footway being the pavement which i was not on and verge normally means if there is a grass bank or mud area running alonf the edge of the pavement or if it was just a grassed area. Thats my understanding of that part.

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Top sign prohibits stopping at all times (except as stated in the sign containing the no loading information).

 

The bottom sign says no waiting between 8am and 6pm, which by implication means one can wait outside of those hours.

 

The problem is: one cannot "wait" without also "stopping" - where there is a "no stopping" restriction, it is also a contravention to wait.

 

If we take an example: At 7am, the top sign says one must not stop, but the bottom sign allows waiting. Therfore if one observes the hours on the bottom sign and waits at 7am, one inadvertantly falls foul of the top sign by also stopping.

 

This is conflicting - or if I have mis-understood, at the very least unclear.

 

 

Top sign applies only to the verge/footway, the waiting/loading applies to the carriageway.

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  • 2 months later...

Some years ago I got a parking ticket cancelled by (the national appeals office in Manchester sort of thing). My grounds were for unclear signing, and my evidence was, not only the clear as mud sign, but also photos showing loads of people were also parked in the same place, and not parked nearby where the signing was clearer. So if loads of people are parked ilegally it must mean that the signing is unclear, end of story.

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