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    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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New Private Hire Taxi driver issued with bus lane fines


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Hi everyone 

I’ve only been a private hire driver for 5 weeks and I’ve today just had 5 pcn come for driving in a bus lane in Warrington. I only drove in the lane as I believed I was allowed too being a taxi. But after googling a bit it seems to be a gray area for private hire drivers. 
 

I am hoping to appeal because I’ve seen countless private hire drivers drive in bus lanes, was told when I got my license that I can. And don’t think it’s a fair outcome because I obviously wouldn’t have driven in them if I had known I couldn’t. 
 

Any advice would be much appreciated 

 

Thanks 

Andrew

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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ring up the issuing authority and ask, it's some times only hackney carriage plated taxis that can stop as they are allowed to as they can pick up non booked clients - 'hail a taxi' . 

you are private hire, so can't do that.?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I didn’t think there was a difference in who could drive in a bus lane. I see private hire and blackcaps drive in bus lanes all over and was told when I got my license I could drive in them. 
 

I’m assuming claiming ignorance and the idea it’s common knowledge that taxis can drive in a bus lane wouldn’t be a good defense in an Appeal? I would have obviously not accumulated so many if I had known that I’m not allowed to drive in them. But now I’ve been hit with 5 over a two day period. I’m hoping I could at least get rid of the ones after the first offense because I obviously wouldn’t have driven in them again if I had known. 
 

It says there £35 each if I pay within 21 days but that’s still £175.00 fee for doing something I was told when I got my license I could do. Obviously that information was wrong but surly it would be put down to an honest mistake. I’m not just some careless driver not caring about the rules I genuinely was under the assumption I could drive in them. 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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I think you're right. Simply pleading that you didn't know is not been a cut any ice.

Not five times.

I'm afraid that I suggest you cut your losses and pay up and put it down to experience. The risk of having an increased penalty fee each one is really just too great

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Should I not even try and Appeal? If anything to give me some time to get the money. It says on the pcn you can appeal and still pay the £35 even if they don’t agree. 

I’ve only had 5 pcn’s because I didn’t know I wasn’t allowed to drive in them even if I’m a private hire.

I’ve never had one when in a private vehicle because I knew I’m not allowed.

They all literally came this morning at once.

What I was getting at was if I had got the first sooner I would have stopped using them straight away with having the information corrected about if I’m allowed or not. 

We live in a world where seeing is not believing, where only a few know what really happened.

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Are they all issued in respect of the same stretch of bus lane or are they different bus lanes?

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4 for one bus lane and 1 was a different one. All at different times on the 22nd and 23rd of this month. Most at night but I wasn’t looking out for signage because I was under the impression I’m allowed to drive in them. One of them was in the day 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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What I'm getting at is that if multiple PCN's were issued for the same stretch of bus lane – but on one journey so that you entered the bus lane and continued along it and were flashed several times resulting in several PCN's then I think you might have a basis for appealing the penalty charge after the initial one.


However I'm getting the impression that all of these five PCN's were very clearly different incidents.


In that case if I were you I would put my hands up and take the slap.

 

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No I’m not disputing that they were not all separate incidents, I’m saying it was an honest mistake because of bad advice from the council I was licensed with.

I’m going to call up on Monday and see if they might be nice or worst maybe give me a payment plan. Because for all I know there might be more coming.  I’ve only been made aware today that I wasn’t allowed to drive in them.

Worst case if I appeal they might be lenient when they understand the circumstances or maybe that’s just wishful thinking. Either way it can at least give me time to get the money together. 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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3 hours ago, Ftgab19 said:

I see private hire and blackcabs drive in bus lanes all over and was told when I got my license I could drive in them. 

WHO told you the above?

there are councils whereby ALL private hire drivers must attain a hackney carriage plate, which allows the use of bus lanes.

there are very few councils that allow pre booked only private hire drivers to drive or stop in bus lanes if they have no plate which states hackney carriage.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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