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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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PCN Code:01 Yellow Line Parking


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Hi there,

I was parked on a yellow line on FARRIER STREET NW1

while I was getting a hair cut. I specifically asked my barber to cut my

hair so that I could see my car at all times. When I saw the officer

approach my car I immediately ran up to him and said please stop don't

give me a ticket and he responded saying he had already processed it, as

his motorbike was parked across the street and he was writing

everything down. I didn't see him from the barber shop so I didn't know

that was happening. But then he said he felt bad as I was just there

watching the car too, so then what he said was that there was nothing he

could do for me as he had already printed out the ticket and put it in

the yellow slip and handed it to me. So he said I should appeal this

ticket by saying I was carrying boxes from the building and into my car

(Loading) and that he would also right in a note in the system that he

witnessed me carrying the boxes and I was indeed loading. So I watched

him as he wrote the note down and he showed me it too. Then he went up

to the car again and wrote something else down which im guessing was the

road tax number and then he took two pictures one of the front of the

car and another from the back.

Can he print out the ticket

without the road tax number? Because like i mentioned before he printed

out the ticket, handed it to me and then went back to my car to note

down the road tax number.

When he took the pictures it didn't have the ticket on the window, is there any way I can use that to my advantage?

Also

what do you think about appealing with the story that he told me to

say. Is it good enough to stop the penalty charge or could they possibly

come out with something like, Loading is not an excuse for parking on

the yellow line.

Any advice or information about previous tickets would be so helpful.

Many thanks

Diego

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Hi diego

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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Can he print out the ticket without the road tax number? Yes, it's not mandatory

 

When he took the pictures it didn't have the ticket on the window, is there any way I can use that to my advantage? No, again photos are not required and you say he had already served the PCN by handing it to the driver

 

 

Also what do you think about appealing with the story that he told me to say. Is it good enough to stop the penalty charge or could they possibly come out with something like, Loading is not an excuse for parking on the yellow line.

There is an exemption for loading/unloading on yellow lines, but the council will require documentary evidence ie delivery note/invoice.
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To be honest I cannot believe what I am reading here. A CEO making false statements to attempt to cancel a PCN which, by the OP's own information, was issued correctly! I wonder if the CEO is aware of the implications of this?

 

We are here to assist people who have a genuine reason to ask for help. IMHO, this does not fall into that category.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Hi there,

I was parked on a yellow line on FARRIER STREET NW1

while I was getting a hair cut. I specifically asked my barber to cut my

hair so that I could see my car at all times. When I saw the officer

approach my car I immediately ran up to him and said please stop don't

give me a ticket and he responded saying he had already processed it, as

his motorbike was parked across the street and he was writing

everything down. I didn't see him from the barber shop so I didn't know

that was happening. But then he said he felt bad as I was just there

watching the car too, so then what he said was that there was nothing he

could do for me as he had already printed out the ticket and put it in

the yellow slip and handed it to me. So he said I should appeal this

ticket by saying I was carrying boxes from the building and into my car

(Loading) and that he would also right in a note in the system that he

witnessed me carrying the boxes and I was indeed loading. So I watched

him as he wrote the note down and he showed me it too. Then he went up

to the car again and wrote something else down which im guessing was the

road tax number and then he took two pictures one of the front of the

car and another from the back.

Can he print out the ticket

without the road tax number? Because like i mentioned before he printed

out the ticket, handed it to me and then went back to my car to note

down the road tax number.

When he took the pictures it didn't have the ticket on the window, is there any way I can use that to my advantage?

Also

what do you think about appealing with the story that he told me to

say. Is it good enough to stop the penalty charge or could they possibly

come out with something like, Loading is not an excuse for parking on

the yellow line.

Any advice or information about previous tickets would be so helpful.

Many thanks

Diego

 

Not as bad as he will feel if someone from his LA reads this thread and you do put an appeal in.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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You know although many 'might' disagree, CEO's / PA's are human! ...

So let me kind of recap here, you park where you should not, have a haircut looking out of the window (now there's a 1st!), see your car being ticketed (run out with the barber looking on in dismay) and then winge about it? Go do your appeal on the PCN and see what happens is my simple suggestion instead of running off some story in the vain hope people here will like, erm, find you a way to get out of paying it. I take it you've actually appealed against the PCN then - probably not I'd suspect?

Sorry to sound harsh BUT, hey, I live in North London myself and if I venture anywhere else then it's NOT going to be free so go on the tube or bus. In fact going on the bus is quite surprising (and not as expensive either). LOL NOTHING in greater London is 'free' Mon-Fri/Sat. in the day!

Michael

When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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