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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: concoj on August 26, 2024, 06:29:09 pm

Title: Re: Bensham Lane, Croydon
Post by: cp8759 on November 22, 2024, 06:01:54 pm
Outcome (https://drive.google.com/file/d/1y9rwLAvWlIFvVUvDHqj6vMuNiGgVOe3d/view).
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on November 22, 2024, 11:51:06 am
@concoj  ;D 2240456928
So will this, and other councils with similar web pages have to alter them ? Surely a case can be made for civil action against this council and others for malfeasance; knowingly not following statute law.
Unfortunately not since another adjudicator may not be bound by this decision. Indeed, we already have evidence of such. He and others have noted the T shirt though.  8) However, if anyone wants to complain, please feel free to do so to the councils concerned.
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on November 22, 2024, 09:57:16 am
@concoj  ;D 2240456928
So will this, and other councils with similar web pages have to alter them ? Surely a case can be made for civil action against this council and others for malfeasance; knowingly not following statute law.
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on November 22, 2024, 08:51:00 am
Encantado. Es el tiempo de la Rioja!  ;)
Title: Re: Bensham Lane, Croydon
Post by: concoj on November 22, 2024, 08:45:07 am
 :D  ;D  ;D Bravo, well done.👏 ευχαριστώ πολύ για όλα  👍
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on November 22, 2024, 08:39:27 am
@concoj  ;D 2240456928
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 15, 2024, 08:45:06 pm
Sorry @Hippocrates Im really confused with all the cross threads.
Can I please check if all I ned to do is appeal with this line of copy "The contravention did not occur as I believe I could park there at the time." ?
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 11, 2024, 07:13:08 pm
Yes and this thread too.
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 11, 2024, 05:57:57 pm
Thanks @Hippocrates

Are you referring to the appeal in this thread:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-at-my-own-driveway-pavement-parking/msg34577/#msg34577

or to this line of copy:
"The contravention did not occur as I believe I could park there at the time."
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 11, 2024, 08:24:10 am
I have filed the appeal for the OP's case in this thread yesterday.
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on October 11, 2024, 12:48:36 am
Ok thanks @ Hippocrates @Incandescent so hope is not lost? What should I do next? Appeal for a random-ish reason or pay up? Te council are really trying to grab money atm after going bust so many times.
Nothing "random-ish" about Hippocrates appeal text. If you're in for £130 now, it is a total no-brainer to take them to London Tribunals
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 10, 2024, 11:53:23 pm
Ok thanks @ Hippocrates @Incandescent so hope is not lost? What should I do next? Appeal for a random-ish reason or pay up? Te council are really trying to grab money atm after going bust so many times.
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 09, 2024, 08:46:13 pm
Indeed.
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on October 09, 2024, 10:23:43 am
Tribunal? That sounds like its expensive and scary
No,  not at all, absolutely not !  The penalty in play is the PCN penalty alone, and there are no additional costs.
If Hippocrates is confident in winning then go for it. He may offer to represent you.
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 09, 2024, 09:58:46 am
Tribunal? That sounds like its expensive and scary
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 07, 2024, 09:17:08 am
Yes. But leave all this until the Tribunal.
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 06, 2024, 10:26:32 pm
Hi @Hippocrates

Here is what I see when I start making an appeal.
(https://i.imgur.com/soPNTlb.png)
(https://i.imgur.com/zo9fiT5.jpeg)

Thanks for sharing this thread. Am I right in saying I can appeal based on what was posted earlier in this thread as per below:

The following circumstances are related to scenarios involving parking permits.

Select a reason:
Reasons that relate to something unexpected happening to the motorist that must be seen to immediately
Select a reason:
not sure I can select anything here


Penalty Charge Notice (PCN) wrongly / unfairly issued
Reasons where it may appear that the PCN was issued unfairly or incorrectly.
Select a reason:
There was nowhere else to park

Other reasons we have received that do not fall into one of the above categories.
Select a reason:
I didn't see any signs or lines
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 06, 2024, 11:37:30 am
You need to go as if to challenge and see what it says then screenshot.
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 05, 2024, 11:59:30 pm
Hi @Hippocrates just checking if that link was for me. Apologies for being such a novice but is that link for a spreadsheet?
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on October 04, 2024, 09:26:56 am
Nom worries. Go to challenge page as if to challenge and this should come up:

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bensham-lane-croydon/msg34752/#msg34752
Title: Re: Bensham Lane, Croydon
Post by: ikina on October 03, 2024, 11:55:07 pm
Hi, @Hippocrates in the other thread you recommended posting in here about what I could see online. I can't see any glaring mistakes online - but I'm a novice and have no idea what to look for.
What should I be looking for?

(https://i.imgur.com/8c5kL2v.jpeg)
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on August 28, 2024, 09:39:57 pm
Have initial reps been made(PCN issued July) and if so pl post with their response.

Have they?
Nope.
Title: Re: Bensham Lane, Croydon
Post by: H C Andersen on August 28, 2024, 09:28:57 pm
Have initial reps been made(PCN issued July) and if so pl post with their response.

Have they?
Title: Re: Bensham Lane, Croydon
Post by: concoj on August 28, 2024, 09:27:39 pm
Will do as you said. Thank you so much
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on August 28, 2024, 09:13:48 pm
"The contravention did not occur as I believe I could park there at the time."

No more, no less por favor amigo.  ;D

I will also play around and have fun with their website and enter the real grounds to see what happens.
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on August 27, 2024, 10:53:23 pm
The grounds are rubbish!

Click your reason or search for it below
I didn't see/understand the signs
I was loading
I never received the PCN
my car broke down
disabled badge
it was a bank holiday
Search all reasons
procedural impropriety

what's the procedure for suspending parking?

***


This is winnable and I am happy to go the full distance. When I typed in an actual statutory ground the bit in red came up!

Just say the contravention did not occur as the signage was unclear.

****

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-at-my-own-driveway-pavement-parking/msg34577/#msg34577

***

Email sent.
Title: Re: Bensham Lane, Croydon
Post by: Hippocrates on August 27, 2024, 10:47:27 pm
I will draft something.
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on August 27, 2024, 10:46:00 pm
The sign contradicts the yellow lines, it should be a single-yellow line to the left of the two signs.

However, can you please, using GSV Street View, tell us exactly where you parked, because Bensham Lane is very long.
Title: Re: Bensham Lane, Croydon
Post by: concoj on August 27, 2024, 08:34:40 pm
The ban fell off after 5pm as explicitly stated on the pictured sign.
The civil enforcement officers didn't use the observation time

Title: Re: Bensham Lane, Croydon
Post by: H C Andersen on August 27, 2024, 08:24:39 am
Are you the registered keeper and were you the driver?

Have initial reps been made(PCN issued July) and if so pl post with their response.
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on August 27, 2024, 12:41:47 am
OK, so it seems you were waiting on double-yellow lines which mean "No Waiting" 24x7. What representations do you think you could make against the PCN ? Please tell us more about why you were waiting in the car.  The fact you were in the car is irrelevant, it is a No Waiting restriction, not No Parking.
Title: Re: Bensham Lane, Croydon
Post by: concoj on August 27, 2024, 12:18:14 am
https://imgur.com/a/3Fr2K6P
Title: Re: Bensham Lane, Croydon
Post by: Incandescent on August 26, 2024, 08:30:38 pm
I see no documents or anything at all about the alleged contravention. Did you intend to post them up ?
If so, read this and update your post accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
Title: Bensham Lane, Croydon
Post by: concoj on August 26, 2024, 06:29:09 pm
PCN
civil enforcement officer

could you please kindly help to make representations
https://imgur.com/a/3Fr2K6P