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    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
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Boat

Ticket for parking on curb... But road sign permits.

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I just received a ticket for "parking with one or more wheels on or over a footpath"

 

Yes, my vehicle was parked on the curb (pic 1), however I did this because the road sign (in front of me) instructed me to (see pic 2)

 

As you can see from pic 3 other vehicles on the street had done the same.

 

After getting the PCN I was dumbfounded so I took pics and looked around. I then notice that directly behind the the road sign (pic 2) was another road sign which said no parking on the road. However the row of cars (pic 3) had all parked with their wheels on the road.

 

I will appeal this PCN, however I like you opinion on whether I am right or wrong.

 

 

Pic 1

IMG00042-20130801-1555.jpg

 

Pic 2

IMG00043-20130801-1555.jpg

 

Pic 3

IMG00045-20130801-1556.jpg

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So i don't have a leg to stand on?

 

Edit

 

i'll take that as a no.

 

in any case thanks for your help.

Edited by Boat

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You can always appeal on the basis of an honest mistake. They might accept it.

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The appeal letter below has been successful.

 

 

Dear Sir/Madam

 

Following receipt of the penalty charge notice I have consulted the DfT published Traffic Signs Manual Chapter 3. On investigation is has become apparent that the Council has failed to sign the footway parking allowance in accordance with DfT guidance.

 

Under paragraph 8.12 the DfT clearly provides Councils with a direct instruction;

 

“Where bay markings are not provided, the start of footway parking should always be indicated by diagram 667 or 668, with arrows, mounted parallel to the kerb.”

 

The photographic evidence available to the Council will confirm that the Council has ignored this clear instruction from the DfT. In this instance the prohibition was signed using diagram 668 facing oncoming traffic. However, the Council were required by the DfT to place the sign parallel to the kerb and to include a directional arrow.

 

This instruction from the DfT was for a particular reason. It was to avoid drivers being misled and parking in advance of where footway parking is permitted. Again I refer you to paragraph 8.12;

 

“If the signs were to face oncoming traffic (without arrows), they could be mistaken for repeater signs, tempting drivers to park in advance of them where footway parking is prohibited.”

 

Quite clearly the DfT were aware that the circumstance that happened on this occasion was likely to occur if the signage was not placed in the manner they prescribe. The only reason I parked in the manner that I did was due to being misled by the signage that the Council had failed to place in accordance with paragraph 8.12 of the Traffic Signs Manual Chapter 3.

 

The DfT has published further guidance for the benefit of Local Authorities. This publication is known as the “Operational Guidance to Local Authorities” and this gives further clarification in regard to traffic signs.

 

Annex D1: All local authorities are responsible for the accuracy and condition of the traffic signs and road markings that identify parking restrictions in their area. The traffic signs and road markings must conform strictly to the relevant regulations (currently the Traffic SignsRegulations and General Directions 2002 – TSRGD – and subsequent amendments) or have special authorisation from DfT. They should also conform to the guidance set out in Chapters 3 and 5 of the Traffic Signs Manual.

 

I trust the Council will accept that on this occasion the footway parking signage does not conform to the guidance set out and as such the Council will act as directed by Annex D2 of the DfT Operational Guidance to Local Authorities;

 

“PCNs may not be valid if they are issued where traffic signs and road markings are incorrect or in poor condition. Representations demonstrating this should be accepted.”

 

Annex D2 above gives clear and precise instruction. I have demonstrated that the footway parking signage inadequacy caused me to park in contravention and therefore I require the council to acknowledge their signing error and confirm that this penalty charge will be cancelled forthwith.

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@TheBogsDollocks I love you!

 

I will appeal and report on how I get on. Btw do you have any idea on the sucess rate with this appeal?

 

 

You can always appeal on the basis of an honest mistake. They might accept it.

Where I am from, they will laugh at that reasoning

 

 

My council are some money grubbing bas... Ummm I better stop.

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Where I am from, they will laugh at that reasoning

 

 

Well, it seems you have a better option anyway. Councils are advised to use discretion though - appeals can sometimes work, but I appreciate that things are getting tougher all the time.

 

I read in the Evening Standard tonight that a parking space in London is on sale right now for £300,000. Unbelievable!

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@TheBogsDollocks I love you!

 

Btw do you have any idea on the sucess rate with this appeal?

 

As far as I know it has always been successful but usually any signing error is denied by the council at the informal and formal appeal stage. Councils never like to admit they've done something wrong. It is usually when the appeal is made to the adjudicator that the council suddenly backtrack and don't contest and the penalty charge gets cancelled. If they do that here then obviously it is about trying to get their grubby hands on your money rather than honest enforcement. Lets see how they respond.

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As far as I know it has always been successful but usually any signing error is denied by the council at the informal and formal appeal stage. Councils never like to admit they've done something wrong. It is usually when the appeal is made to the adjudicator that the council suddenly backtrack and don't contest and the penalty charge gets cancelled. If they do that here then obviously it is about trying to get their grubby hands on your money rather than honest enforcement. Lets see how they respond.

 

In my experience, I think they are more likely to refuse appeals like that simply because the staff aren't trained properly. Half of them where I used to work didn't know anything about sign regulations. Unable to judge the details of the case, they would tend to enforce it on the assumption that the signs are probably right and the motorist probably trying it on. Send the letter out and crack on with the next one, half asleep.

 

Sad, but that's how the system seems to work.

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As Jamberson suggested, my appeal has just been rejected.

 

I will be back with more info.

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