Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
  • Our picks

hillards

PCN for parking in a bus stop - disputed

style="text-align:center;"> Please note that this topic has not had any new posts for the last 398 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I had an appointment for dental treatment last week. I parked the car, with a blue badge and 'clock' correctly displayed, on the opposite side of the road. This is an area previously covered by double yellows and had, 12+ years ago, been a service bus stop.

 

I am fully aware that no service buses have used this stop since the opening of a new Interchange down the road in 2006. It is a popular parking place for blue badge holders as it is a quiet stretch of road since the buses stopped running through there, other services with stands in the next street stopped using this area of town last year when a gap in the dual carriageway was plugged and traffic lights removed as part of other works taking place.

 

But, the council have since marked out a 'Bus Stop' at one end of the parking area and claim this is for a community transport minibus for the disabled. These minibuses have run for some years now and my understanding was they went a different way, dropping off and picking up on the other side of the road to where I was parked.

 

I contested the ticket. They've written to say no, I was parked in a bus stop and therefore have to pay. I disagree.

 

I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb, which I didn't see when I parked between other vehicles already there as it was raining heavily. I have checked, this work has been done in the last year. I used Google street view to see how it was marked last year, just double yellows although the whole stretch had green tarmac.

 

Before I appealed the ticket I checked with https://www.askthe.police.uk/content/Q388.htm and there is a single line which says under PLACES WHERE YOU CANNOT PARK, 'A bus stop during hours of operation;'. So as part of the 'informal appeal', as they term it, I had said "I have challenged (the council) to tell me the hours of operation for this stand". They have not supplied this information.

 

I am not against the disabled persons bus service, being a blue badge holder myself, but I question the legality of the stand being there. It is not for service buses and therefore would not have 'hours of operation' in that respect, meaning I complied with the information I obtained from the Police website. The community transport service is pre-booked, so by definition not a 'public service' bus as we know them. The 'bus stop' is therefore not in use for service vehicles and I was parked there outside any known 'hours of operation'.

 

But where do I get this sort of thing verified so I can make a formal request to the council for repayment of the PCN on the grounds I was parked legally ? I am paying it under protest as they double the amount if not paid within 14 days.


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Share this post


Link to post
Share on other sites

You can ask the council fo a copy of the Traffic Order for that stretch of road, and this will tell you what the legal restrictions are. If it says bus stop, it's a bus stop, and you can't park there. The council aren't obliged to use it as a bus stop, nor provide details of which hours it's in operation. Check the Traffic Order and see what it says.

 

If it is indeed a bus stop, and you were there when it's in operation, the next question is whether it's correctly signed. Hard to say without seeing it.

Share this post


Link to post
Share on other sites

Thanks for the info. It does go against what i read on the Police site re. the hours of operation though.

 

I have contacted the council, rather convenient that the chap I need to speak to had left the office for the day and I need to call back. I'll see what the traffic order says.

 

I am a disabled person with COPD and other ailments so try not to go out of the house unless I have to, hence using the wife's car to visit the dentist. I can copy the Google street view to show how it used to be, but would need to go back with a camera to show how it's marked out and any plates displaying information. At present I can't go to do that as the car is in the garage to have a new clutch fitted.

 

I think the key to this is in your last sentence: "If it is indeed a bus stop, and you were there when it's in operation...". My concern is that it is not in operation as a bus stop at all but as a dropping off point for the community transport operator. I know check the traffic order... Waiting to get that.


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Share this post


Link to post
Share on other sites

if buses havent run for a number of years then you can argue that the TO doesnt apply due to dereliction. this is an awkward one as you will have to show not only a lack of buses but also a lack of enforcement of the restriction.

I agree that the council saying it is for a drop off minbus service is a red herring but it may be that you should ask the service provider how many seats their vehicles have as that may show it isnt even a PSV of the correct class.

Share this post


Link to post
Share on other sites

I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb,

 

Check if there is there also a sign showing the times of operation. If there is, and you were parked during those times, it could weaken your case.

Share this post


Link to post
Share on other sites

The area was left with green tarmac after buses stopped running from there 12 years and I can see on Google street view that it was just double yellows up to last year's images, the latest they have.

 

The council have informed me, via my local councillor, that the bus stop was added quite recently. I have to agree that there is a thick yellow line at the kerb side and the 'bus stop' markings are there. Very difficult to miss in the rain, when parking between other vehicles that were there at the time. My local knowledge of over 20 years in the town was that no buses run down that street these days. I was totally unaware of the disability bus as these services have always stopped on the other side of the road.

 

I will be going to take a good look at the area on Saturday. I will check for any plates showing restrictions etc.

 

I just spoke to the council, and the man who arranged for the bus stop to be put there. There is no traffic order, they have not needed one since a change in regulations back in 2002. The area is defined as a 24/7 clearway bus stop and is marked up as such with the thick yellow markings. However, he has accepted that I may have a point about PSV against a community disability bus and the validity of the stop. He is unaware of any such restriction but will check and get back to me.

 

He says that the reason the bus stop has been (re) created there is that the disability service has grown over the years and the vehicles were causing an obstruction where they had been stopping on the other side of the road. It has been there since September (-ish) 2018.

 

He is also of the opinion that a bus is a vehicle set out as such with 8 or more seats and that there is no definition in the regulations relating to public service vehicles only. My point was that the disability buses are pre-booked, so not a 'public service'.


Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Share this post


Link to post
Share on other sites
. My point was that the disability buses are pre-booked, so not a 'public service'.

 

If the vehicle complies with s.1, Public Passenger Vehicles Act 1981, (more than 8 passenger seats, fare paying passengers etc.), it may be considered to be a Public Service Vehicle.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...