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Messages - Pastmybest

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1
The Flame Pit / Re: Has the collateral challenge met its Cul de Sac?
« on: December 06, 2025, 04:00:29 pm »
It would seem to me that an argument that the PCN is defective in not giving unambiguously all the information required is not a lawful PCN thus cannot be enforceable would have merit

Arguments re the website giving different information would have to evidence prejudice

At the end of the day the council cannot send a letter saying you owe us so pay up they must comply with the requirements of the regs

On a personal note I have stopped looking at these as they are invariably taken off the forum to be delt with by individuals. The collective mind seems to be no longer wanted 

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Barnet- 31j Entering & Stopping in YBJ When Prohibited. PCN Wording Appeal?
« on: November 29, 2025, 09:13:03 am »
The video needs to be posted here on the forum. Not everyone will go looking for it OP,s need to take some responsibility

3
Civil penalty charge notices (Councils, TFL and so on) / Re: TH PCN Warley St E2 Blue badge
« on: November 28, 2025, 05:49:16 pm »
Quote from: Sherin on November 28, 2025, 05:46:29 pm
Quote from: H C Andersen on November 28, 2025, 05:15:45 pm
?
The person to whom the vehicle has been supplied under contract with Motobility is the registered keeper and would hold the V5C.

Is this you?

Yes. Like I originally stated. It’s my blue badge and my motability vehicle under my name

But you do not hold the v5c that is held by motability but due to an agreement with DVLA it will include youe details and it is these that will be passed to the council so the can issue a NTO

4
Civil penalty charge notices (Councils, TFL and so on) / Re: TH PCN Warley St E2 Blue badge
« on: November 28, 2025, 11:03:05 am »
more than one case won on this, I do not have time just now to find an example but have at least one and will do so another time

In essence the adjudicator found that you cannot have exceeded a 3 hour exemption at 10.28 to a restriction that starts at 08.30

5
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« on: November 28, 2025, 10:56:10 am »
dropping off being an exemption is at the heart of the case

6
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« on: November 26, 2025, 11:20:42 pm »
Did you include the dropping off in your reps

7
Civil penalty charge notices (Councils, TFL and so on) / Re: Barking and Dagenham PCN - Code 62 - Parked with one or more wheels on or over a foothpath - Standfield Road
« on: November 20, 2025, 07:44:51 pm »
Quote from: stamfordman on November 19, 2025, 10:49:21 pm
It means you were not in a marked bay so an adjudicator is likely to say you were in contravention on the footway as there is a London-way ban except where exempted.

But there doesn't appear to be an order for footway bays so they've just painted them there.

There could be a council resolution exempting the whole street from the ban.

That there are bays painted on the footway is in your favour. You ask for a copy of the resolution and the council will either not be able to supply one even though there are bays marked or more likely the resolution allows footway parking for the whole street. If it goes pear shaped and the have the correct resolution the we will have to look at other options

8
Civil penalty charge notices (Councils, TFL and so on) / Re: Greenwich - 47J - Stopped on a restricted bus stop or stand (Camera enforcement)
« on: November 18, 2025, 10:53:50 pm »
Don't use AI for one thing Stamfordman pointed out this is actually a parking PCN so the TMA2004 is correct legislation


Use this only

I make representations against the imposition of this PCN as the contravention did not occur. The stop as evidenced in the video was only in the normal course of driving in queuing traffic no person entered or left the vehicle and the PCN should now be cancelled

9
Civil penalty charge notices (Councils, TFL and so on) / Re: Lewisham 'Failing to comply with a prohibition on certain types of vehicle' Leahurst Rd Westbound
« on: November 18, 2025, 05:50:29 pm »
Get and post the video

10
Civil penalty charge notices (Councils, TFL and so on) / Re: 30 minute FREE parking PCN
« on: November 18, 2025, 05:47:55 pm »
There was no parking charge due until the expiry of the 20 mins and i would argue the 10 min grace period

See this case 2210237357

Adjudicator   Sean Stanton-Dunne
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   
This PCN was issued for the alleged contravention of being parked in Gaysham Avenue at 11.32am on 5 March 2021 without payment of the parking charge.

The CEO's images show that Mr Carmody's vehicle was parked with a pay and display ticket displayed in the windscreen. The ticket was valid from 11.27am to 12.27pm. The vehicle registration had not been completed. It is not in dispute that there was an hour's free parking at this location with the display of a pay and display ticket.

I allow the appeal because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.

11
Civil penalty charge notices (Councils, TFL and so on) / Re: Ealing Council 31J, Greenford Road, Entering and stopping in a box junction
« on: November 18, 2025, 05:42:04 pm »
Quote from: j.odedra90 on November 18, 2025, 05:29:10 pm
Quote from: Incandescent on November 18, 2025, 04:37:13 pm
Quote
Which states I have 14 days to pay and if not payed they will "recover the amount due as if it were payable under a county court order."
That is the Order for Recovery stage, when on receipt of it, you can submit your Statutory Declaration. It's a routine matter, nothing to worry about. Councils love to intimidate PCN recipients by mentioning county courts. County courts are NEVER involved in the process.

Sorry but where do I find the correct Statutory Declaration form. Is it from this link below:

https://www.gov.uk/government/publications/form-pe3-challenge-an-unpaid-penalty-charge-notice

Form PE3 filled out and then it has to be signed by a solicitor.

you cnnot file the stat dec until the charge cert if filed with the fixed penalty branch or the court

What was said earlier re the courts is not fully accurate but you cannot get a CCJ for a civil motoring matter enforced by the council

12
Civil penalty charge notices (Councils, TFL and so on) / Re: Trafford Council 5063/White City Circle - Entering and stopping in a box junction when prohibited (camera enforc
« on: November 18, 2025, 05:38:48 pm »
OK

The penalty exceeds the relevant amount in the circumstances of the case

The PCN and the Notice to owner issued by the authority both offer a method of payment by telephone the number that needs be called being 0845 371 9901 this is a premium rate telephone number attracting a two part charge in addition to the normal service provider call charges The first part is an access charge to your service provider and the second part is a service charge which goes to the service you are calling

As the cost of paying by phone would exceed the statutory amount allowed by law then the statutory ground is made out and the PCN must be cancelled.

This  ground has both won and lost at tribunal but Trafford have a record of of not dealing with this in their notice of rejection they will make to you. That will win as they are required by law to consider each point so you must make all the different points suggested.

Post a draft here before sending so it can be checked over to give you the best chance

13
Civil penalty charge notices (Councils, TFL and so on) / Re: Lancashire County Council PCN - 34J: Being in a bus lane. No alternative route.
« on: November 17, 2025, 10:22:04 pm »
I take it you are the co sec as the PCN is addressed to them and only they can deal with it or they could give you written permission

14
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« on: November 17, 2025, 10:17:19 pm »
https://maps.app.goo.gl/iQyaHMJazx1ddXFB8

If this GSV is correct then giving way to traffic is not that strong given the position of the vehicle. Alighting is a sure fired exemption planned or otherwise so it would be stupid not to use it.

Adjudicators seem to be getting a bit fed up with appellants effectively ambushing councils by bringing up points not made at reps stage  There is no reason not to use any and every point you have in this case

15
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN BY BRIGHTON COUNCIL FOR PARKING/stopping? IN DISABLED BAY
« on: November 17, 2025, 10:01:49 pm »
Quote from: dahliafield_d11 on November 17, 2025, 09:11:06 pm
Hi Pastmybest,

Thank you so much!! May I ask where this paragraph was found? I searched on google and the answer I found is contradicting:

"Parking contravention code 40 means a vehicle was parked in a designated disabled person's parking bay without a valid Blue Badge being clearly displayed. This code is issued to any vehicle found in these spaces if a valid disabled person's parking badge is not visible. Exceptions are not typically made, though some bays might have time restrictions, which would be indicated by signage.
Contravention code 40 specifically refers to parking in a disabled bay without a valid Blue Badge.
Blue Badge holders are exempt from this contravention, provided the badge is clearly displayed.
No observation period is applied for this contravention, meaning the penalty can be issued immediately.
Loading and unloading is not permitted in these bays, and vehicles are still liable for a PCN even if loading/unloading if the badge is not displayed.
Exceptions may apply if there are specific, clearly signed times during which the bay is active, but the rule applies during all other times. "

Could you or anyone kindly help and explain this contradicting point? I am totally confused and the deadline of the appeal is fast approaching.

Many thanks in advance!!

I quoted from the civil enforcement officers handbook

file:///C:/Users/andre/Downloads/CivilEnforcementHandbookV2%20(1).pdf

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