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    • Hi, thanks for your replies, I wrote to them & this is the reply:   Thank you for your correspondence received on 16 October 2019, concerning the above Penalty Charge Notice. Contravention I have viewed your mitigation and the evidence of the Civil Enforcement Officer on the day in question. The issue is that you parked without clearly displaying a valid pay & display ticket or voucher. Mitigation Whilst you state that you ‘tried to buy a ticket using my card but both machines would not accept a card payment’, there is also the option to pay by phone using the RingGo app if you do not have any cash with you. A grace period of minutes is given to allow drivers time to purchase a ticket, the Officer on patrol observed your vehicle from 12:52 – 12:57 before correctly issuing a Penalty Charge Notice. Conclusion It remains the responsibility of the driver to ensure that there is a parking session in place before leaving their vehicle parked. With this in mind I have upheld the Penalty Charge Notice and rejected your challenge. I will still accept the discounted amount of £25.00, provided payment is received within 14 days of the date of this letter. Payment can be made by post to the address
    • Hello all, hope you are all. Its been rather quiet on the a western front until today. I've received Directions of Questionnaire form N180 in the post. I've still had no copy of cca or cpa that I requested back on 20th August.    Please can you advise me how to proceed now   Thanks in advance Michelle
    • Hi - Quick update. I've spoken to the Holiday Inn Express and they told me to write to them explaining what happened and they'll get the charge cancelled, even though it's a DR+ letter, they confirmed they will talk to PE. It'll take about 4 weeks to cancel. I've sent that off. Have I done enough (for now)? I won't assume this has worked until I get a formal confirmation back.   The other suggestion you had was to write a short 2-liner to PE to ensure they have my correct address as they have failed to get any correspondence to me to date. Should I still do that in parallel? Belt and braces.   Finally - I'm still sitting on my snot-letter to PE re GDPR request. Again - sit on that still for now? If nothing else it gives them work to do that they can't ignore and proves they have my correct address details (or not)   As you might be able to tell, I'm a fan of several lines of attack, but I'll be guided by experience....   Many thanks Choco 
    • yes I moved out in 2014. This is the first I've heard of any outstanding bill! The letter is a 'Payment due' letter, not an official court or claim form at this stage. I have actually had another old energy bill from Lowell (this is what happens when you move house a lot) which came from their solicitors devision with an official country court claim. That bill was from 2014/15. Theres no way of me checking what payments were made or if the amounts are even correct. 
    • kk, thank you    From what I have read, a reconstituted agreement only needs to have the correct name and address.. : /   Is this any use at all, or is it outdated please? I keep finding mixed answers:   Section 61(1)(a) and 127(3)  Consumer Credit Act 1974 that dictates that a creditor must be able to produce a signed document, not necessarily the credit agreement that contains the prescribed terms. This document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment options. That failure to produce such a document is capable of rendering the agreement irredeemably unenforceable.     
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thelife

PCN for parking during restricted hours

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I received a PCN 01 - Parked in a restricted street during prescribed hours on Trent Road in Brixton.

 

I parked on a single yellow line. There are no plates on adjacent posts to provide the prescribed hours.

 

The Controlled Zone does not start for some 20m beyond where I parked.

 

My car is roughly where the Blue BMW is in this Google Street View https://goo.gl/maps/vf7JLM9VKrp 

 

Looking at the beneath map, it would appear that the red zone should extend to the beginning of the Controlled Zone, but instead they have marked it as a single yellow.

 

https://www.lambeth.gov.uk/sites/default/files/CPZ Boundaries - Carton Map (OCT 18).pdf

 

Because a single yellow line outside of a controlled zone should be accompanied by hours of restriction, I think I should be successful in my appeal.

 

What do others think?

 

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I agree, there should be a timeplate for the SYL. It's doubtful that Lambeth will agree, so you need to be prepared to go to adjudication

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I don't think you are outside of a controlled zone. I think the sign is placed at the crossing point from one zone into another. If that's correct, you are subject to the underlying restriction for the zone you are in.

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10 hours ago, Jamberson said:

I don't think you are outside of a controlled zone. I think the sign is placed at the crossing point from one zone into another. If that's correct, you are subject to the underlying restriction for the zone you are in.

If that were the case the reverse of the CPZ entry sign would also be an entry sign. It's not:

https://goo.gl/maps/BFcq3SqFruB2

 

If you cross Brixton Hill the next CPZ starts at the end on the red route lines in Brixton Water Lane.

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The back of the sign should be another entry sign going the other way.

 

On Google Maps I saw other SYLs on that same side of the sign, without timeplates. I also looked at a map of the area, and it seems to be nothing but zones all over, although the key to the map wasn't very clear.

 

I honestly don't know, but it's hard to imagine there's no controlled zone of any sort in that area. I think the PH should so a bit of local research.

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Posted (edited)

It's likely that the CPZ is meant to run from the end of the red route as shown in GSV in 2009

https://goo.gl/maps/T3S4hhop1X72

 

but by 2012 that sign has disappeared and been replaced by one in the current position

https://goo.gl/maps/eFvJhaF5mMH2

 

which effectively leaves the SYL in no-mans-land  without timeplate and not covered by a CPZ

Edited by Michael Browne

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A syl shuld have its own plate  so the ones on the other side of the road dont apply.

 

If they rely on just the traffic order and your knowledge of that or signage elsewhere that isnt good enough and at worst you can claim that the signage is inadequate and confusing. To me this area is before the CPZ according to the signs so usual rules for street signs apply.

 

What they want and what is reality are 2 different things. The law cannot depend on psychic motorists

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Still no response from Lambeth, 22 days after appeal.

 

Thanks for the responses. To be honest, I parked there thinking that I have found some form of loophole and had done so for several years with no ticket. This is the first time they have ticketed me. I don't park there all day, but if I have reason to go into my children's school, I will park there. Maybe three times per year. Hopefully they will uphold my challenge and not make any changes so I can go back to parking there.

 

I will keep you updated.

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completely irrelevnat so dont even think about using it as an argument ar PATAS. the paint job there means there must be a relevant plate and there isnt. the CPZ plates dont cover the area so the council got it wrong.

remind them by email and phone and tell them you want to take the matter further formally

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I got my response today. It looks like they haven't read my challenge at all and just sent the standard response to queries about yellow lines. 

 

It states how I would be allowed to load or unload but the CEO looked and saw no loading or unloading.

 

How double yellow lines can not allow parking at any time, single yellows relate to the plate, which I had told them there isn't one, and how I may have entered a controlled zone without realising, which I hadn't.

 

My problem is that my car is a lease car, so the registered owner and keeper is a finance company. In order to escalate this, I have to do nothing until 20th April, when Lambeth will issue a NtO EN. This is going to go to the finance company and I am worried they will just pay up and send me the bill.

 

I will email them this evening telling them not to pay under any circumstances and then see how they respond.

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The leasing company have told me that when they receive the fine from Lambeth, they will pay it automatically and then take the money from me by direct debit.

 

So it means I cannot challenge this fine.

 

When I look at the response, it makes no mention of the specifics of the area in which I parked. Only what should be the case in a properly signed and designated area, which this isn't. I am sure I would win this at appeal.

 

But because my car is leased, I am going to have to take this on the chin.

 

Awful.

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I'm not sure the lease company should automatically pay it(?).

 

What do your lease T&Cs say about parking fines?

 

(Sorry for late reply).

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Posted (edited)

Sorry for not responding sooner. I hate people who ask for help then never come back when they have had a resolution.

 

While I am certain that the road is incorrectly marked and/or signed and that I should not have been ticketed, I ended up paying the PCN after it was rejected at the initial stage. The next stage was due to go to the lease company and the person there told me:

 

"As discussed, our fines system doesn’t allow for manual intervention, it processes all received fines, pays the monies to the issuing authority and then recharges with an administration fee. There is nothing we can do to prevent this. Once this is complete, you will be sent a copy of the fine for your reference."

 

The girl I was dealing with said that the clause which allows them to do so is:

 

 

Clause 10 – Liability

10.1       You shall pay us the amount of any claims, liabilities, losses, damages, or expenses, including legal fees, and any liability resulting from legislation for the payment of fines or penalties for parking, driving or similar offences incurred by us relating in any respect to the Vehicle hired. Furthermore, we shall be entitled to charge you a reasonable administration fee.

 

 

I don't see that I had any choice other than to pay it. Pay £65  or else let it go to the leasing company who will pay £130 and slap on an admin fee. And then when I try to challenge with Lambeth, the fact it has been paid means that they won't look into it.

 

So that's that. Another win for Lambeth and a loss for me.

 

Thank you for your help everyone.

Edited by thelife

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