3. Messages

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - ashirusnw

Pages: [1] 2 3
1
Civil penalty charge notices (Councils, TFL and so on) / Re: Drawn-out debt collection before OfR putting motorists at disadvantage
« on: May 22, 2025, 12:54:58 pm »
Quote from: stamfordman on May 22, 2025, 12:24:46 pm
There could be something you're missing and as HC Andersen says you're breaking forum rules by withholding documents.

Hi as I said above I don't have the documents yet (as per OP this is not my own PCN). I shouldn't have posted until the RK is available to send them sorry.

2
Civil penalty charge notices (Councils, TFL and so on) / Re: Drawn-out debt collection before OfR putting motorists at disadvantage
« on: May 22, 2025, 11:43:03 am »
Quote from: Pastmybest on May 21, 2025, 07:00:46 pm
Ask the council to register the debt with TEC and tell the debt collector to go whistle the can do exactly squat.

Thanks, I'll try the council. The RK hasn't bothered responding the the debt collection.

3
Civil penalty charge notices (Councils, TFL and so on) / Re: Drawn-out debt collection before OfR putting motorists at disadvantage
« on: May 21, 2025, 04:45:03 pm »
Hi I don't have a scan of NTO to post, but I did check at the time and reps were made within 28 days of the NTO by email and with auto-confirmation from the LA.

I will contact the council by way of complaint and set on record that no NoR was received and that the must call off the debt collection agency.

Even if the LA never sent an NoR and erroneously sent a CC, surely no Tribunal appeal can be lodged until OfR issued, TE9 sent etc?

4
Civil penalty charge notices (Councils, TFL and so on) / Drawn-out debt collection before OfR putting motorists at disadvantage
« on: May 21, 2025, 01:29:42 pm »
Hi,

In short:

Reps made, NoR not received and duly received CC, but instead of issuing OfR they've passed on to debt recovery agency who send a demand every few weeks. We'd like to proceed to OfR in order to submit TE9 within the correct timeframe. What do do?

Further Details:

I'm helping a relative with a PCN from Westminster Council. I'm not after help with appealing so not posting details/photos, but rather the appeal process in general - as follows.

They made formal reps but didn't receive a NoR. A Charge Certificate was received around 2nd March and we duly waited for the OfR in order to submit TE9 and go to appeal on the basis of NoR not being received.

However, instead of issuing a OfR as expected, they've passed the debt on to a debt recovery company (Marsden) who have sent repeated letters between March and now.

We sent off a TE9 but the TEC replied that no debt has been registered yet.

It seems that any point in time Westminster Council can call off Marsden Debt Recovery proceed to OfR. This seems to put the RK at a massive disadvantage as if she fails to spot the the OfR letter in time then we can't appeal.

Is there a way to force the LA to proceed to court so we can put this matter to bed?

I've never heard of a council going to debt receovery services instead of just going to TEC and getting a OfR. Is this common, or is there in fact anything inlegislation which would make this a procedural impropriety itself?

thanks,
Ash

5
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Camden no entry (disabled vehicle)
« on: December 03, 2024, 03:18:17 pm »
Quote from: Enceladus on December 03, 2024, 12:28:48 am
The title of your initial post is "PCN for Camden no entry (disabled vehicle)".

I assume you mean you have a blue badge? Was there anything that led you to believe that a BB holder was exempt from the restriction?

The vehicle is adapted for wheelchair use and was carrying a disabled passenger who holds a BB.

We didn't think it was exempt, it was just hard to spot that unexpected sign with the ongoing roadworks all around it. Ironically the intention was to turn left onto Howlands street anyway as that's what the satnav wanted but it was blocked by works vehicles.

6
Civil penalty charge notices (Councils, TFL and so on) / PCN for Camden no entry (disabled vehicle)
« on: December 02, 2024, 05:19:43 pm »
Hi I went past a no entry except taxis and buses

The PCN has come misprinted where is states location /date :


Is this enough of a reason to invalidate it and win even at appeal if they reject my reps?

second page of PCN:


thanks,
Ash

7
Private parking tickets / Re: Liability notice without receiving parking charge first, dropping off passenger
« on: May 23, 2024, 03:06:23 pm »
Also I doubt I can find proof positive that the disabled passenger in question was there on that date and time. I don't think there's a record that I can get hold of (from past experience, this school's sign-in system is hit and miss). So it would be my word against theirs in court.

8
Private parking tickets / Re: Liability notice without receiving parking charge first, dropping off passenger
« on: May 23, 2024, 03:03:52 pm »
Hi many thanks, I'm here to learn as well as fight this if possible :)

I probably wasn't clear I meant to say I don't want to fight in court as it's not worth the day off work and the stress of having to watch my post for legally-binding letters all for £100 + their extra charges that they'll throw in by that stage.

But I'd like to fight it if there's a very good chance of one of the following:

1. If there no chance of appeal now, I'm hoping there's a standard procedure for complaining to PCM that we didn't get the NtK and resetting the clock (similar to sending a TE9 to the TEC for a council PCN), or a procedure to get the whole thing considered via POPLA?

2. If i write to PCM with the circumstances that they'll eventually just shut up without going ot court

3. Or, if it does go all the way to court, by submitting a written defence which I don't have to be present in court for, and which will definitely be seen and considered by the magistrate and without incurring court fees.

keep up the good work!

9
Private parking tickets / Re: Liability notice without receiving parking charge first, dropping off passenger
« on: May 23, 2024, 01:14:50 am »
Quote from: b789 on May 22, 2024, 06:48:52 pm
Are you sure you did not receive the original NtK? It would be worthwhile seeing both sides of that as it is the key document to be able to see whether all the legal requirements to hold you liable as the keeper
Pretty sure but can't I simply ask them for a copy of it?

Quote from: b789 on May 22, 2024, 06:48:52 pm
A few more questions though first. Was the driver or passenger in possession of a blue badge, irrespective of whether it was shown or not? At what time of day was this? Daylight or darkness?

Yes they were in possession of BB. It was in the morning, daylight.

Quote from: b789 on May 22, 2024, 06:48:52 pm
The first thing that stand out are the signage is terrible. It is almost impossible to read that wall of text and there is no way that the charge is adequately brought to the attention of the driver. Secondly, loading/unloading or picking up/dropping off a passenger is not parking and that is defined in the persuasive appeal court judgment of Jopson v Homeguard B9GF09AE [2016].
[]
... it is too late to do any appeals. You will have to weather a storm of debt collector letter which you can safely ignore.

You will have to wait until/if/when they decided to make a claim against you.


You mean go to court? I don't think I will be doing so over £100 and I'll have to fight their extra charges too!

Quote from: b789 on May 22, 2024, 06:48:52 pm
Was the person that was dropped off at the location an owner or tenant? If so, what does their lease/AST say about parking? What it doesn't say is equally important.

Hi sorry should have been clearer. The passenger has nothing to do with the adjacent residential buildings, they were being dropped off at the nearby school on Stratford Rd.

Than you!

10
Private parking tickets / Liability notice without receiving parking charge first, dropping off passenger
« on: May 22, 2024, 12:55:29 pm »
Hi my car was parked in apprently private bays.


Their photos show the car was stopped for 10 minutes, however the driver

It was a genuine mistake as the road itself isn't private and the driver didn't realise these bays were not public (they were all empty at the time) and she intended to be there for a short while to drop off a disabled passenger which took 10 minutes. (There was no blue badge displayed which in any event would apprently require some sort of permit from the operator).

As registered keeper, I didn't receive the actual Parking Charge notice but I did get this "keeper liability notice":



We were parked where the white car is parked in this (recent) photo:


So clearly just under a sign stating the parking restrictions.

Here's the signage itself:


Street view location


Any hope of getting off?

I'm not familiar with the process and deadlines for appealing these types of tickets.

thanks,
Ash

11
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN no entry
« on: December 22, 2023, 12:41:46 pm »
Quote from: mrmustard on December 21, 2023, 12:23:30 am
I am happy to be your representative at the tribunal free of charge as I have previous history for beating  Haringey’s moving traffic Pcn. Email me at mrmustard@zoho.com

thank you so much!! I have asked the guy who got the ticket to email you and send all info

12
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN no entry
« on: December 20, 2023, 02:22:26 pm »
Hi they rejected :(



13
Civil penalty charge notices (Councils, TFL and so on) / Re: Suspended bay on Sunday with non ideal signage
« on: December 04, 2023, 12:20:55 pm »
Quote from: cp8759 on October 16, 2023, 11:45:55 pm
So I've double-checked the special authorisation for the suspension sing, and unlike many others it doesn't say the sign cannot stay after it is no longer needed.

However The Barnet (Charged-For Parking Places) Consolidation Order 2014 says at article 20(1) that:

Any person duly authorised by the Council or the Commissioner of Police of the Metropolis may suspend the use of a parking place or parking area or any part thereof whenever they consider such suspension reasonably necessary:

A list of reasons for suspensions is then given. It is arguable that once the works were completed, it was no longer necessary for the bay to be suspended, however this is not as clear-cut as the Secretary of State's authorisation saying the sign cannot be there after it is no longer needed. You therefore need to decide whether you want to carry on.

After your 12th October reply I immediately posted an appeal, but in your later reply ^^^ you found my chances were not so high but it was too late!

(To recap, the PCN was paid but then they agreed - see letter in earlier post) to refund and formally consider my appeal.)

They've now replied with the following rejection, but weirdly have now moved the goalposts and said they would only refund the £65 if I win Tribunal appeal, and if I lose Tribunal then they'd charge me further £65. They don't say what happens if I do nothing, but presumably a Charge Certificate.

I'm hoping this rather strange reply means they've committed at least a procedural impropriety as it doesn't seem to comply at all with https://www.legislation.gov.uk/ukpga/1991/40/schedule/6/paragraph/4!



14
Civil penalty charge notices (Councils, TFL and so on) / Re: PCN accidentally paid and council immediately notified of error
« on: November 01, 2023, 12:36:47 am »
yes my initial message after this mistake asked for exactly that, but they ignored the request

15
Civil penalty charge notices (Councils, TFL and so on) / PCN accidentally paid and council immediately notified of error
« on: October 30, 2023, 04:31:37 pm »
Here's a new one!

I appealed a PCN on ground that I knew would succeed. Later the same day tried to pay a different PCN but accidentally entered the PCN number that I had earlier appealed!

I immediately (within 10m) sent a follow-on message via their online system explaining the error.

14 days later, they rejected the appeal (though letter isn't headed Rejection of Rejection and at the end of the letter, say:
"As you have paid this PCN, you have addmitted liability, You are now not able to challenge this PCN and we will not be entering into any further correspondence for this case, which is now closed."



What's the law in my case?

thanks,
Ash

Pages: [1] 2 3