12 days to write appeal to adjudicator, help please!!!!

[liatoby]

hi can anyone help???

i got a ticket back in oct 06.

i parked my car slightly on the curb (2 wheels), which is the same height as the road. When i pulled my car into park there was a van parked in the exact way i did, and as in was dark i parked behind the van.

i was walking my dog for not more than a few minutes when i spotted someone around my car. I walked back and found a parking attendant issueing me a ticket. I asked 'WHY' and at first he ignored me, then he said i had 1 or more wheels parked...........blah, blah!!

i pointed out that his van (the one i had parked behind) was parked with 1 or more wheels...........blah!!! he replyed he worked for bromley council he could park wherever he wanted, i then asked him to take a pic of his van up on the curb, and he did. as all this was going on i put my dog in the car, and as i was doing so he threw the parking ticket at me through the open door and told me to contest it!!!

i must add that he was not wearing his hat, and i could not easily idetifiy him as being a parking atendant.

i wrote to bromley, the ticket was not cancelled, blah, blah, now i have got to either appeal by post or go before an ajudicator to appeal my case.

The photos the parking attendant took, do not show the ticket placed on my car.

when i wrote contesting the ticket i told them that the attendant through the ticket through my door and basically they replied 'the parking attendants notes from the time of issue, states the ticket was issued on my windscreen. The parking attendant noted all the relevant vehcile details, make colour and tax disc serial no. The latter can only be obtained from the windscrren of the vehcile, prior to afixing the parking ticket.

the photos they sent dont show the ticket in my windscreen!!!

Can anyone help me please!! (sorry for spelling mistakes )

 

not sure how to scan documents, and put onto forum. (have got a scanner) i am really crap with computers, and parking ticket!!

[dw190]

wrote to bromley

 

PCN's issued by Bromley do not have a date of issue, they therefore do not conform to the Mandatory requirements of the RTA 1991 (As Amended).

 

Does your PCN look like this one:

 

http://i34.photobucket.com/albums/d121/arotabi/Ticket1-1.jpg

[liatoby]

yes exactly the same!!!

[dw190]

yes exactly the same!!!

 

Should be easy then. Print a copy of the following Juditial Review. Read it carefully and you will find all you need to know.

 

If you had been in my aprt of the Country I would have come to hold your hand at the Adjudication.

 

London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator [2006] EWHC 2357 (Admin) (02 August 2006)

[dw190]

Should be easy then. Print a copy of the following Juditial Review. Read it carefully and you will find all you need to know.

 

If you had been in my aprt of the Country I would have come to hold your hand at the Adjudication.

 

London Borough of Barnet Council, R (on the application of) v The Parking Adjudicator [2006] EWHC 2357 (Admin) (02 August 2006)

 

 

If reading it all is to much concentrate on paragraphs 35 36 37

[liatoby]

thanks, but not sure what to do next

[dw190]

thanks, but not sure what to do next

 

To The Adjudicator

Dear Sir/Madam

 

I wish to submit the following in support of my appeal.

 

1. The Penalty Charge Notice issued by The London Borough of Bromley in this matter does not contain a Date of Issue/Notice. It therefore fails to conform to the Mandatory reuirements of the RTA 1991 As Amended and is Unenforcable.

 

I enclose a copy of the findings of Mr Justice Jackson in the Judicial Review of: London Borough of Barnet v The Adjudicator.

 

Yours faithfully,

 

 

??? ???

 

 

Are you at the stage of going to adjudication and required to submit your evidence or making representations to the Notice to Owner.

[liatoby]

i am at the stage of going to adjudication

[dw190]

i am at the stage of going to adjudication

 

In that case the above letter to the Adjudicator with a copy of the Judicial Review should be sent to reach them at least seven days before the hearing.

 

Just double check the PCN to make sure I'm correct that it does not have a "Date of Issue/Notice"

 

The part where it says was seen at 00.00 on ??/??/?? is the time and date of the contravention.

 

You will see from the judgement that it must have 2 dates even if they are both the same.

[liatoby]

if u could tell me how to send u a copy of the original parking ticket you could check to make sure.

thanks L :o

[liatoby]

hi, aparently the ticket has correct dates, ect.......!

my 28 days are up next wednesday, please can anyone help, if i could show the pictures (dnt know how to :o ) then people would see what i am talking about.

1- the kerb and the road are the same height

2- it was pitch black

3- the ticket was thrown though my open door, the pics that the parking attendant took dont show the ticket on my windscreen

 

thanks

[skirk]

I used to work for a Borough Council in Yorkshire as a Parking Administrator, I basically dealt with all parking ticket appeals. What you must always remember is, the Council will always take the side of the Attendant unless of course you have bonified proof to the contrary. You have to analyse the issue of the ticket and as you were parked with one wheel on the curb the chances, in my opinion of getting off the fine are zilch I am really sorry to say, and they won't care a jot about whether the Warden had his hat on or not. The way I was trained was that unless proof was provided which was legitimate enough to allow us to waive the charge we had to pursue it. I literally handled every excuse under the sun and we had extremely strict guidelines of when we can make allowances. It does seem so unfair sometimes and let's face it, who genuinely goes out to get a ticket, every case is usually innocent but the Council's can't be seen to be setting a precident, not to mention Council's need the millions of pounds worth of easy revenue from tickets issued. My only advice, especially not knowing how that office works is to keep hassling them, write over and over again and write to the highest person you can, demand the use the photographic evidence from the Attendant. The Adjudicator is human and may well get fed up with you hassling him/her. Anything's worth a try, also remember that 9 out of 10 letters are standard letters, for our small town council we had 47 standard letter's just for the basic parking fines. Anyway good luck.

[patdavies]

1- the kerb and the road are the same height

2- it was pitch black

3- the ticket was thrown though my open door, the pics that the parking attendant took dont show the ticket on my windscreen

 

thanks

1. No defence
   
2. No defence
   
3. The ticket must be affixed to the vehicle or handed to the driver. Throwing it into the car as the vehicle is being driven off is not valid service. Challenge the council to prove that it was validly served.

[liatoby]

thanks for all your replies, have just finished my letter to PATAS, will be sending it off tomorow so keep your fingers crossed, will let u know the outcome, if anyone wants to know.

;-)

[liatoby]

hi just to update u on my ticket;

sent my appeal to PATAS on Monday, registered post!!!

today i receive a CHARGE CERTIFICATE from Bromley Council (the ones who issued my PCN)

i phoned PATAS and told them that Bromley had sent me a CHARGE CERTIFICATE and that i was not sure what happens next, the man on the phone from PATAS said that they got my appeal today and that it had been accepted so i would get a letter next week telling me the date of my hearing. He said that bromley council have jumped the gun by sending me the charge cetificate and have gone against my human rights???

can i use this agaist bromley council?????????

any ideas!!!

[Medusa]

It's an attempt at Fraud by false representation – Fraud Act 2006, and harassment 1997.

Look at the Honest PATAS flowchart and the one below....

 

 

http://logiclaw.co.uk/flowchart/index.html

http://logiclaw.co.uk/S6T.html

[liatoby]

hi, just wanted to say thanks to all of you who gave me great advice!!

just got in and there was a letter from PATAS. i didnt want to open it, but i did, and to my amazment it said that Bromley Council will not contest my appeal against the PCN, so therefore the adjudicator allowed my appeal!!!!!!!!!!!!!!!!!!

so thanks to all, and keep up the good work!

:D :D

[Guest xipetotec46]

Well done liatoby, don't forget to post your success in the success sticky threads

[liatoby]

since winning my appeal i have received 2 more PCNs, this hasnt been my year for luck!

[Medusa]

If all the paperwork is compliant,then watch closely for breaches in SCHEDULE 6, and if it goes that far in CPR 75.3

 

Look at

http://logiclaw.co.uk/S6T.html

For how they break the law there too.

 

A point on charge certificates.

Make sure you get a proof of receipt on sending appeals to NTO.

The charge certificate comes back saying

YOU DID NOT REPLY to the notice to owner.

If you have a receipt like I did, then it's an outrage, how dare they presume to KNOW what I did or didn't do, they CANNOT KNOW that for sure, so they mustn't presume.

 

It's contrary to the fundamental principles of 'innocent until proved guilty, and shifting the burden of proof from themselves to the appellant undermining the entire judicial processTHIS is a breach of Protocol 5 Article 6.2 and the international treat y of human rights, I think from memory article 11. I could be wrong on the send bit.

 

 

 

 

If you feel like you want a remedy and some restitution on past tickets on a quid quo pro then

http://www.logiclaw.co.uk/JH.html

shows you how to claim money back for the past 6 years PCNs, that were non compliant under two principals

 

 

A Mistake of Fact

 

 

and the Statute of Limitations

 

 

Write and ask them; under the Freedom of Information Act 200, reply in 20 working days is required. For a list of all PCNs to your car in the last 6 years.

 

What to do in the procedural breaches, is to be sure you get your papers right, then you can catch them out in false representation, that is a part of the fraud act. They are breaking the law TOO in many areas, FAR too frequently. so what's good for the goose etc.

 

 

There's more to come, keep an eye on the index at

Logic Reasoning Thought Laws

 

A court case soon.

 

 

Exhibits list.

1. Traversals
   
2. The Road Traffic Act 1991,


1. Section 66,Unenforceable nullity PCN – 1 date
   
2. Section 44,Warden Clothing
   
3. SCHEDULE 6,Illegal Procedure
   
4. CPR 75Illegal Procedure, bailiff breaches evidence

[*]Al's V Bar – RulingUnenforceable nullity PCN – 1 date You, 28 days

[*]Lukha V Aylsebury – RulingOther non compliant paperwork NTO, NOR CC.

[*]Barnet V Moses - High Court Ruling The main 2 date issue, affects most boroughs

[*]

Restitution Case precedent Southend on Sea 2006. Statute of limitations, Mistake of Fact. Past PCN's ordered to be repaid.

[*]ALG Newsletter 14th August 2006 Advice to NOT enforce non compliant papers

[*]Parking Adjudicators’ Annual Report 2005/2006 Criticisms on cases

[*]ProceduralDefects Schedule 6 Breaches

[*]Moulder V Sutton Ruling Other issue

[*]Extortion Hansard House of Commons Council and Bailiff extortion

[*]Lmag The publicity on Camden's PCN at PATAS

The links are not clickable here, far too much material, about 150 pages.

 

The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

 

The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course.

 

Breaching SCHEDULE 6, and or CPR 75.3; as well as breaking the law, statutory duty, derelecition, is a breach to Human rights, Protocol 5 Article 6.

 

The last bit, is breached frequently. I recall a large company gettign 100 PCNs weekly, calling three councils and being laughed at, when asked for the appeal forms, they said you can't appeal unless you have a form, and they control that, so you see what they do all in the name of the law, their law.

 

Also see other threads here....

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/71188-honest-flowchart-not-patas.html

 

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/78124-hansard-commons-debate-road.html

 

 

And reclaiming - Restitution, PCNs paid up to 6 years ago, two date issue, mistake of fact and mistake of law.

Case precedent.

 

Logic Reasoning Thought Laws

 

 

Bill or right issues dismantled very soon to publish, 13000 reads.

swarb.co.uk :: View topic - DoR 1668 & RTA 1991, parking fines illegal appeal NOW

 

Interesting! Perhaps too contraversial...... The one above 6 pages and 13570 reads hase been deleted. All the pages are available at another location to be advised very soon.

Meantime watch this one and see how power changes purpose, what our seemers be.

 

 

 

swarb.co.uk :: View topic - BoR too contraversial, 13500 reads what happened?