Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: abandini on November 14, 2024, 08:02:06 pm
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indeed and rather an odd observation. it's quite clear the intention is to prevent payment not "get it back"
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I get this forum is just to get cash back.
That is not correct.
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I suspect we all know these fines and penalty charge notices are unfair and a cash cow for the authorities, but it's a fact of life. Complain all you like to the councils, they won't take a blind bit of notice.As others have said, unless you come here first for advice before paying multiple fines we can't be of much help, it's too late. Unless there's a fault in their signage for temporary suspension of parking notices and you can prove it, then we could maybe help. Do you have pics of the signs?
Thanks for your comments. If people do not get together to fight an injustice, things will never change. I get this forum is just to get cash back. Sorry to have wasted your time.
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You could send a complaint stating what has happened, that it was a continuous contravention and that the CEO would clearly have seen the previous pcn/s attached. Councils are required to act in a fair and reasonable manner and in this case they appear not to have done so. As such you are requesting they act fairly now and refund 2 of the 3 payments.
expect a reply to tune of FRO.
Hi Mick
Thanks for your message and for actually understanding my point: "Councils are required to act in a fair and reasonable manner and in this case they appear not to have done so."
All I was asking in this forum is if people had experience of this before, and if there was legislation to back this up.
They don't, so that is fine.
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Thank you ANdy_foster for your message:
"We are not a political forum or a campaign group.
If you want us to lead a political crusade, or even just tell you that such a crusade is worthwhile, broadly speaking that's not what the forum is here for".
Probably I have really not explained myself, so I will try again:
1. I know you are not a political forum etc.
2. I was not asking you to campaign for me.
3. I wanted the DATA to make a complaint MYSELF. I do not have any legal knowledge and I thought here you could have that, and also information across councils.
4. I think I have understood what you do now and what you dont-see point 3.
Thanks.
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I suspect we all know these fines and penalty charge notices are unfair and a cash cow for the authorities, but it's a fact of life. Complain all you like to the councils, they won't take a blind bit of notice.As others have said, unless you come here first for advice before paying multiple fines we can't be of much help, it's too late. Unless there's a fault in their signage for temporary suspension of parking notices and you can prove it, then we could maybe help. Do you have pics of the signs?
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You could send a complaint stating what has happened, that it was a continuous contravention and that the CEO would clearly have seen the previous pcn/s attached. Councils are required to act in a fair and reasonable manner and in this case they appear not to have done so. As such you are requesting they act fairly now and refund 2 of the 3 payments.
expect a reply to tune of FRO.
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The scope of this forum is helping motorists with motoring related legal issues.
We are not a political forum or a campaign group.
If you want us to lead a political crusade, or even just tell you that such a crusade is worthwhile, broadly speaking that's not what the forum is here for.
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Well, yes, Andy_Foster... are you the only one who has understood me? Or is it ironic? I thought there could be a conversation on this forum about how to fight things that are wrong vs. just looking at one personal case.
Yes, I have paid, but I would like to complain, challenge, make a fuss, whatever... not with the hope of getting my money back, but stopping the nonsense of keeping on fining for the same mistake purely because the person does not check their car daily. That is not an offense, for sure.
ANd also why in a digital world, where they have all our details at their fingertips, we cannot be contacted after the 1st day.
Now, if this forum is not for this, please let me know and I will stop wasting people's time.
Thanks and regards
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<noise>
I have paid the fines now (reduced price) but I want to send a complaint to Lambeth Council or somebody...
<noise>
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Thank you so much Stamfordman, so what details do you need to see? I would like to take this forward. PLease advice.
If you haven't paid you need to start a post in the Civil penalty charge notices section.
If you've paid the council closes the cases.
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Thank you so much Stamfordman, so what details do you need to see? I would like to take this forward. PLease advice.
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What I think is unfair is the repeated fines and my question is if this happens across councils and, if so, if this could be challenged legally because it is clearly unfair.
Where a vehicle is in continuous contravention as often the case with suspended bays they can usually only enforce the first PCN but we'd need to see the details.
Where motorists commit say the same moving traffic contravention multiple times but only become aware after receiving the first PCN then there are grounds to challenge the subsequent PCNs.
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THanks, Mr Glacier, but won what? They did not get wrong that I was wrongly parked.
They often make mistakes during the process, which can result in you being successful in an appeal.
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THanks, Mr Glacier, but won what? They did not get wrong that I was wrongly parked.
What I think is unfair is the repeated fines and my question is if this happens across councils and, if so, if this could be challenged legally because it is clearly unfair.
SO this is what I asked in this forum, and nobody is replying.
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You should have appealed the tickets.
They often get things wrong and you could have won if you had came here earlier.
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I am Lambeth resident and Lambeth permit holder for many years.
I do not use the car regularly and I live in a red route, so I park in a different road that I do not pass by daily.
I made a mistake by parking in a zone that had been suspended -I did not see the signs, my fault (doh!). I am not disputing that.
They fined me, and as I was not returning to the car, they kept on giving me fines me every day (3) till I came down to the car. It could have been much longer, last summer I was away for a month.
I have paid the fines now (reduced price) but I want to send a complaint to Lambeth Council or somebody because I think the repetition of fines is outrageous. Is Lambeth really not able to communicate with resident parking holders in a better way that issuing parking penalties daily? I pay my parking permit, so they have all my details. Could they not have sent a txt or email on the 2nd or 3rd day? I am very concerned about what would happen if I come back to 20 days of £130 per day.
I raised this with them when I challenged the ticket and they ignored the point of the repetition, they just kept on saying the signs were there and clear etc. My councillor contacted them and they said exactly the same, this is their email to the councillor:
"I reviewed the above cases and although the customer has stated that they do not regularly use their vehicle, our Lambeth website does advise resident permit holders of suspensions (please see below).
Suspensions
From time to time, it may be necessary for the council to suspend a parking bay. This is normally due to road works being carried out by the utility companies, such as water, gas or electricity. Suspensions may also be placed by law enforcement agency or by any other authority to carry out their statutory duties, as well as domestic suspensions for example, removals.
During the period for which the bay is suspended, parking is not permitted in the bay, even if a valid permit exists. A PCN will be issued to any unauthorised vehicle in the bay and the vehicle may be towed away. It is the permit holder's responsibility to ensure that the bay in which their vehicle is parked is not suspended during the time their vehicle is parked there.
The suspension started on 16th October 2024 and the signs were erected to inform residents of this on 26th September 2024 (giving 21 days’ notice) and their vehicle was not recorded as being in the bay at the time.
In response to the point raised about contacting the resident via text. Unfortunately, we do not have the facility to do so. It remains the responsibility of the resident to ensure that the bay in which their vehicle is parked is not suspended. Therefore, I cannot find any plausible reason to consider a refund on any of the above cases".
This must be a regular occurrence for many people like me who use their car occasionally. I was requesting some sort of guidance of what to do when we are away for a while, or if we have to go down the road daily to check the car, but they simply ignore this question.
SO now I want to raise it as a wider issue, because I think is unfair, and I do not know what happens with other Local AUthirities.
ANy ideas?
Many Thanks
Abandini