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Your parking ticket may be unlawful


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From the outset I DID say in my original post that "My methods are Unethical".

 

Now, as to most of the posts made:

 

1: Lie? Hey read the templates regarding a PCN from a PPC. "I was not the driver". This is the first letter if you write back that you should send.

 

Opps! I forgot. I was the driver. :rolleyes:

The template letters state:

 

"You need to take this matter up with the driver concerned."

 

This falls short of a denial, and merely places the onus on the PPC to identify the driver.

 

2: Contract: IF I put up a contract and you have every chance of reading it you have the option to agree or not agree. It IS IRRESPECTIVE of how manifiested that contract is. In short, IF I want to declare that parking in my private property you agree to enter into a contract that I can charge you £1000 per hour you HAVE the right to move on. Staying in my private property means you have read the contract and you HAVE AGREED to said contract. Otherwise MOVE ON. YES they should not send a PCN. They should send an invoice declaring that a contract had been entered into and it must now be finalised and concluded and if said contract is not spent then proceedings will be enforced.
That would be an unfair term under Consumer Contracts Regulations 1999 and Unfair Contract Terms Act 1977. Therefore it would not be binding.

 

Should it be possible to infer acceptance of a contract, then there is a remedy for breach of that contract. That remedy is the repayment of direct damages arising from the breach - which does not equate to whatever arbitrary figure has been written on the notices. Furthermore, it would be necessary to prove those damages.

 

If you're going to rely on contract law, you might try and learn a little of it first.

 

3: Councils not trusting what one says: News flash. Councils are not interested. It is a money source for them to fund what they want and their fat pay cheques and their mortgages and how they spend money. We could be the most honest of public in the world and the Council will still want to collect. It is called "Indirect taxes".
I have no idea what you're going on about.

 

4: Statute law: Statute law is what is called "Black Ink Law". Statute law is an Act of Parlament that is deemed to be of such importance that it is enacted and confirmed by the Monarch of the day. Statute law is like the Magna Carta. The 1689 Bill of Rights. The Rights to Residence.

 

Others? Are just Acts of Parlament. Also known as secondary laws. The House of Lords cannot pass Statute Law.

Jeepers. It's been a looong time since I actually studied constitutional law, so you'll need to forgive me if I'm a little rusty.

 

But, rusty or not, I seem to recall something about Acts of parliament being sovereign, and without limit, nor constraint.

 

Meaning that you have it completely arse about face, and are also confusing Statute with Statutory Instrument (i.e. delegated, or secondary, legislation).

 

Your point on the Lords is entirely redundant - the House of Lords is an integral part of the Legislative government.

 

If you're going to rely on constitutional law, you might try and learn a little of it first.

 

So when I read about the Traffic Act being called Statute law..............It is an Act of Parlament. IF it goes against Statute Law then it can be repealed.
Parliament can repeal any law that haw been previously passed, whether it is a law enshrined in an Act, common law or even natural law - cf. my point on sovereignty.

 

Well I have better things to do in life. So have a go at me. Post whatever you want.

 

As to me??????? Well seeing things like the MPs, who we vote for, to act on our behalf, to serve us and how they used and abused the system heck, I have no problem using any trick I can use to avoid paying any penalties.

 

As it says in the bible "Let him that is innocent of all crime throw the first stone".

Would that life was so polar and childishly naive. Most of us just try to live within the boundaries of our own principals and values.

 

That we aren't all pure as the driven snow does not preclude us from criticising blatant acts of dishonesty.

 

p.s. This is my last post on this matter.
That's a boorishly disingenuous to attempt to curtail a conversation.

 

If you do attempt to post again, however, I'll be sure to point out where I agree with you, where I don't agree with you, and where you are just plain wrong.

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I have no problem using any trick I can use to avoid paying any penalties.

 

is that so?

 

Please dont post about them here on CAG.

 

We fight the corner for the downtrodden guy in the street, but not with dishonesty.

 

From the outset I DID say in my original post that "My methods are Unethical".

 

if this is the case please dont post on CAG. Thank you.

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  • 3 weeks later...
Hi. I got a parking ticket the other day and it stated on the ticket "observation time 11:48 to 11:49." So basically they only watched my car for 1 minute before giving me a ticket. Can they do this? i thought they had to observe for at least 5 minutes! Any help would be great thanks smile.gif

 

Depends what the ticket was for, if it was for stopping where stopping is prohibited for example why would they wait 5 mins?

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It states: Contravention - parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force. I was parked off the road on a muddy bank but there were limited signs so im arguing it on those grounds but i was just curious as 1 minute seems unfair.

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It states: Contravention - parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force. I was parked off the road on a muddy bank but there were limited signs so im arguing it on those grounds but i was just curious as 1 minute seems unfair.

 

The reason 5 minutes is given on a yellow line is to assertain if loading is taking place, but in this instance loading is also prohibited so there would be no need to wait.

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ok thanks for that. Do you think i have grounds to appeal? like i said i was on a mud bank no where near the yellow lines or even the road and also the one sign saying "no loading at anytime" as so tiny i had to really look for it after i found the ticket on my car.

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ok thanks for that. Do you think i have grounds to appeal? like i said i was on a mud bank no where near the yellow lines or even the road and also the one sign saying "no loading at anytime" as so tiny i had to really look for it after i found the ticket on my car.

 

There should be yellow lines with kerb blips to go with the sign.

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oh :( Are there any ways of getting the ticket cancelled? Like any little loop holes?!?! i really cant afford this ticket!

 

Check the land you parked on is part of the highway, if you appeal within 14 days you should still be able to pay the discount if they reject so you have nothing to lose.

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  • 4 months later...

I went shopping to Tescos in Reading on Tuesday 2nd March. Parked next to another car who was parked right over the line so I moved over to give the driver enough space to get into their car without hitting my car with their door.

On my return I had a ticket for £70 put on my windscreen for not parking within the lines.:evil:

Would you pay the fine?

I certainly will not be shopping at Tescos again!!!

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hi, my PCN for parking on double yellows states:

 

'served on XX/XX/XXXX at 17:22 by civil enforcement officer XXXX who had reason to believe that the following contravention had occurred and that a penalty charge is now payable

 

Parking in a restricted street during prescribed hours.....'

 

Is this valid?

 

I was parked only just on double yellows, was mainly in a parking bay and had brought a ticket which expired 1 minute before the ticket was issued!!!!

 

Any advice appreciated - I have 2 parking tickets - the other of which was my own fault which is causing me the majority of problems and I will start a post about this one seperately!

 

Thanks

 

CMB

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  • 3 weeks later...

Sent an appeal in for a PCN which has been knocked back (I've posted a thread about it).

 

However on my PCN it states at the top:

 

Served on: 06/03/2010

 

further down it says:

 

date of contravention: 06/03/2010

 

Does this make it illegal?

 

After having my appeal knocked back I've got until today (31/03) to pay it or I have to wait for NTO and it will then be £70.

 

So any advice gratefully received.

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Please note:

 

 

This thread was started in 2006, since then there have been major changes in the legislation regarding Parking tickets making much of the information contained not applicable to PCNs issued now!

Feel free to read the thread but if you consider your PCN is unlawful start your own thread and if possible..

a) state who issued ticket

b) post a copy of any paperwork

c) post a photo of the location

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here is a classic. Returned to my car just on time, already ticketed. I complained to islington council who sent me their cut and paste sorry but you will just have to pay us letter with proof photos attached, one has me arriving at my car, after walking up the street, at exactly 11.40. I had paid for parking up to 11.40. I also see there is no date or time of a contravention.

I am still waiting to see the A4 pics I asked them for (not very likely), then onto the next stage, appeal and justice!! After seeing the relevant sections of the fraud act 2006 I am rather indignant to say the least.

I am disgusted with the way in the UK that you are far more likely to have your acr interfered with my someone from the council than a thief, not that I see much difference myself. Sneaky little people.

islington fine evidence.jpg

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image too small to read. start with S.2 of the Fraud Act.

 

lamma the text is too small but I think the main point kiwiguy is making is that the council's own photo shows him about to get back into his car with the photo timed stamped at 11:40, the precise time shown on his paid-for parking ticket.

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lamma the text is too small but I think the main point kiwiguy is making is that the council's own photo shows him about to get back into his car with the photo timed stamped at 11:40, the precise time shown on his paid-for parking ticket.

 

Assuming of course the PCN was for parking beyond the time paid for. Maybe if the OP comes back and has the courtesy to start his own thread rather than hijack a 4 year old one and provides information rather than just rant about the Council proper advice can be given.

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sorry to offend, I am not hijacking anything. Please do re-read my post. If tis is really offensive, which it seems it is, please tell me how to remove it. Also how do you get a big picture instead of a thumbnail. So sorry to have caused offence.

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