Jump to content


  • Tweets

  • Posts

    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
  • 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

unloading between 2 different signs


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3275 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

Hi guys,

 

So this case was a bit awkward.

Actually it happened today (Saturday) around 8:30am when I was unloading my van between 2 signs with different restrictions which makes me a bit confused.

1 Sign had written "No loading Mon - Fri Xam - Xpm" and the other one had written "No loading Saturday 8am - 10pm" and throughout the footpath I had the single yellow line with the vertical single yellow line.

Do I have any ground to appeal in this case? As I was in the middle (between) of this 2 different signs

 

Thanks in advance!

Link to post
Share on other sites

Looking on Google Street View, the yellow line is continuous and there is no change in restrictions between the signs. This is how they look:

 

[ATTACH=CONFIG]55000[/ATTACH]

 

[ATTACH=CONFIG]55001[/ATTACH]

 

Both the same. Have they changed since then?

Link to post
Share on other sites

Looking on Google Street View, the yellow line is continuous and there is no change in restrictions between the signs. This is how they look:

 

[ATTACH=CONFIG]55000[/ATTACH]

 

[ATTACH=CONFIG]55001[/ATTACH]

 

Both the same. Have they changed since then?

 

the pictures from google maps are not really updated but I was checking the photo evidences that CEO uploaded and he didn't upload the one that says "no loading Saturday" he just uploaded the one with the yellow vertical line...I've attached that picture!

 

Do you think I have any chance to challenge this one?

 

mt4gef.jpg

Link to post
Share on other sites

It all depends on the signs and markings. We know there's a loading ban there - the single yellow and kerb chevrons tell us that much. The issue here is whether the signage is incorrect or misleading. I've not seen it - I think you will need to try and get images, not only to post here but to submit as part of an appeal. They will want to see that the signs said two different things, because obviously, they aren't supposed to (unless there is a clear change of restrictions also marked out).

 

Can you obtain any up to date images? Have you checked with the Council whether they have any more images taken by the CEO, which they could send you?

Link to post
Share on other sites

those are the photos that he uploaded and I'll try to get some more when I actually have that chance... but from the signage I supposed to be allowed to load/unload on Saturday or am I wrong?

 

2ahw2yu.jpg

 

n3xlao.jpg

 

mcyrs3.jpg

 

15zig7t.jpg

Link to post
Share on other sites

those are the photos that he uploaded and I'll try to get some more when I actually have that chance... but from the signage I supposed to be allowed to load/unload on Saturday or am I wrong?

 

According to that sign, you are right. But what about the other sign, and which restriction were you subject to? (If there are two, it's possible the CEO photographed the wrong sign.)

 

What I suspect happened is that the CEO judged there to be no loading going on. That's just a guess, but would seem most likely. Therefore you would have been ticketed for being parked there, contravening the regulation stated on the yellow part of the sign.

 

How much observation time is there on the PCN? Five minutes? And what were you doing in that time?

Link to post
Share on other sites

According to that sign, you are right. But what about the other sign, and which restriction were you subject to? (If there are two, it's possible the CEO photographed the wrong sign.)

 

What I suspect happened is that the CEO judged there to be no loading going on. That's just a guess, but would seem most likely. Therefore you would have been ticketed for being parked there, contravening the regulation stated on the yellow part of the sign.

 

How much observation time is there on the PCN? Five minutes? And what were you doing in that time?

 

I was unloading goods at the time and the observation probably was around 3/4 minutes as he was just passing by therefore I might have grounds to challenge this ticket

Link to post
Share on other sites

You said there were two different signs. Were there?

 

I meant, what observation times are stated on the PCN? Clearly you couldn't have been seen to be unloading during the observation time - that time is to observe the unattended vehicle. If you'd returned during that time, he wouldn't have issued the PCN and you'd have seen him and presumably said something. So, how long was the vehicle observed, according to the PCN, and what were you doing during that time?

Link to post
Share on other sites

You said there were two different signs. Were there?

 

I meant, what observation times are stated on the PCN? Clearly you couldn't have been seen to be unloading during the observation time - that time is to observe the unattended vehicle. If you'd returned during that time, he wouldn't have issued the PCN and you'd have seen him and presumably said something. So, how long was the vehicle observed, according to the PCN, and what were you doing during that time?

 

At the time I was unloading he was passing by and he wrote me the ticket straight away so I suppose he thought I couldn't unload until 10am on Saturday.

I came back today to the street I've been fined and I've noticed both signs are now the same. I took a picture from the sign I thought it was different and apparently they put a sticker over saying "Mon-Fri" :p

Assuming that the CEO forgot to take picture of this sign I reckon I can challenge this one as it's not prohibited to unloading/loading on Saturday

 

 

260680y.jpg

Link to post
Share on other sites

02 Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force

 

 

parked w/b re the single yellow and its sign ie mon-sat 7-7. are they arguing you were parked?

loading/un w/b re the sign as looks as is single yellow kerb marking not double, so as per the sign. ie mon-fri.

if loading/un, and also no end marking between the differing signs re days, then poss a shout for an appeal?

as jamberson points, wldn't they have to observe to see what was going on?

some info

http://www.which.co.uk/documents/pdf/parking-guide-296086.pdf

http://www.which.co.uk/cars/driving/driving-advice/how-to-appeal-a-parking-ticket/

Link to post
Share on other sites

You were there on Saturday, unloading.

 

The sign says you may do this. If the council are going to uphold the PCN, then they will need to make the case that the restriction was different on the day to how it is now.

 

For that to be true, 1) the Traffic Order for the street would have had to have changed since you were there; and 2) the different restrictions on the day would need to be separated by some markings.

 

It really sounds like the CEO judged you to be parked - but then he should have given an observation time on the PCN of a few minutes.

 

The council's case looks shaky to me.

Link to post
Share on other sites

You were there on Saturday, unloading.

 

The sign says you may do this. If the council are going to uphold the PCN, then they will need to make the case that the restriction was different on the day to how it is now.

 

For that to be true, 1) the Traffic Order for the street would have had to have changed since you were there; and 2) the different restrictions on the day would need to be separated by some markings.

 

It really sounds like the CEO judged you to be parked - but then he should have given an observation time on the PCN of a few minutes.

 

The council's case looks shaky to me.

 

Exactly! I don't know how can I prove I was unloading at the time but I will challenge saying that no observation time was made, which is insufficient for the CEO to ascertain whether loading/unloading is taking place plus at the time I was unloading goods to the property on Saturday and the signage on that place doesn't forbid me to unloading/loading on that day.

 

34fh20j.jpg

Link to post
Share on other sites

Yes, I would do that too.

 

State clearly that you were loading. State that the signs permitted this (if the council challenge this, they will be effectively invalidating the restriction by claiming signage which would have been unenforceable). State that no observation time was given, and that your loading was continuous. They don't have much of a case.

 

I'm assuming you and the CEO did not converse?

Link to post
Share on other sites

Yes, I would do that too.

 

State clearly that you were loading. State that the signs permitted this (if the council challenge this, they will be effectively invalidating the restriction by claiming signage which would have been unenforceable). State that no observation time was given, and that your loading was continuous. They don't have much of a case.

 

I'm assuming you and the CEO did not converse?

 

Thanks guys! I will challenge the PCN and update here the result

 

Have a happy new year

Link to post
Share on other sites

  • 1 month later...

OK, so wait for the Notice to Owner, then fight on. I really don't see what they are getting at - whichever way you look at it, you were entitled to be there for unloading. If they think you weren't unloading, they need to give you an observation time.

 

When the Notice to Owner comes, re-state the case and quote from their letter, about the loading thing. They have shot themselves in the foot by declaring you to be in contravention of a loading restriction, which we all know was not in force. Add a copy of the sign and draw a ring around it!

 

I really think you will win this if you continue.

Link to post
Share on other sites

OK, so wait for the Notice to Owner, then fight on. I really don't see what they are getting at - whichever way you look at it, you were entitled to be there for unloading. If they think you weren't unloading, they need to give you an observation time.

 

When the Notice to Owner comes, re-state the case and quote from their letter, about the loading thing. They have shot themselves in the foot by declaring you to be in contravention of a loading restriction, which we all know was not in force. Add a copy of the sign and draw a ring around it!

 

I really think you will win this if you continue.

 

Thanks Jamberson! I will challenge it to the PATAS.

So I assume if I don't pay within 14 days I will receive the notice to challenge it? What should I do now?

Link to post
Share on other sites

pdf #20 has gone awol.

 

yes, as they say, one kerb marking means as per the sign. sign says mon - fri!

 

if they rely on that supposed mon - sat loading sign, since changed, then there wld have to be end markings and they wld need to show that. :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...