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Messages - mechanicalplaintiff

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1
Okay I take your point on the pedestrian zone, how can it allow cycles if its only for pedestrians.

On your other point, isnt a motorcycle classed as a motor vehicle? Is that really a legit distinction to make

If it is thank you very much appreciate the advice!

2

What? A cycle is not a motor vehicle therefore this provision cannot prohibit cycles and the sign must be incorrect for this reason at least.

You surely can't be suggesting to argue my engine-propelled pedaless registered/taxed/insured vehicle is classed as a cycle?

3

Where's (a)? This is not a Pedestrian Zone - which requires a specific TMO designating as such- because it's simply a road 'to which the entry of vehicles is prohibited or restricted'.


Just done a bit of digging on the Haringey council site, there is a TMO in place for Woodlands Park Road it seems. See docs related

The Public notice details changing yellow lines from single to double as one of the general effects. I guess this would qualify the pedestrian zone definition

'(a) which has been laid out to improve amenity for pedestrians;'

If not let me know please as I will definitely use it as a defense.

Other than that if anyone could give me advise as to a good alternative argument I would be grateful. I am currently precariously employed as I am in the middle of a career change, I was on universal credit this time last year. Are these personal details for example worth mentioning, at least to argue for the reduced £80
rate?

Thanks in advance and thanks HCA for your reply.


4
Please unredact your registration number, we need it to see the video, the sole evidence.

Ah right apologies, VRN is NJ08 BCF. Or to save you the trouble its in my g drive folder now

5
Hello all,

Once again I'm back here to ask you nice people for advice on this PCN I got back in June.

See google drive for images (apologies for the angles, my mother took them and refused to retake): ZN17546991

To summarise the PCN, Woodlands Park road has a school on it so it's one of these pedestrian zones. Had no idea having been the first time I'd driven in this area as a new resident. This trip was to drop off my motorbike for its MOT at a garage which is on this road. I saw the signs at the last moment and given traffic right behind me decided it too dangerous to abort my maneoveur entering the road. Afterward I assumed surely you should be able to use the junction to access a business on the road but it seems not.

I have until Wednesday before the 28 days deadline is up.

Would anyone recommend appealing to the Parking Adjudicator? Whats my best argument to make?

This is my first time even hearing of a Parking Adjudicator, not sure why I've not been offered the £80.00 discount rate after my first representation was rejected either.

I honestly find it crazy that drivers are expected to notice this signs with the numerous rows of information, read them and act accordingly all while trying not to cause an accident from a busy main road. Especially as a vulnerable road user on a motorbike. Is this a worthwhile line of argument?

6

Did you have evidence you'd get parking rights on the spot as I'm not sure most councils would cover you while an application was processed.


Thank you for the reply. I knew that as soon as I got the application in and paid I would have right to park. The application is still going through as I need to wait my new V5 to come through. A neighbour told me that was the process, before I was parking £5 a day in visitor permits to park outside my own house!

So you mentioned tribunal, is that who the appeal goes to when I appeal after receiving the notice to owner?

7
I recently moved into a new house and was making the final journey to move furniture/belongings so parked up on the new street. I attempted to fill out the permit application online on my phone seated in the car however was having difficulty and the speed was quite slow so decided to go into my new house to use the wifi and finish try doing the application on my laptop. On my phone a redirection link just wasnt working right.

Anyhow after sorting it come out and I've got a ticket. Given at 13:10 on the day, whereas I have an email confirming the parking permit application done at 13:33. I appealed basically asking for leniency since I'm a new resident and the circumstances with difficulty with the website though unfortunately this was rejected.

See screenshots here - https://drive.google.com/drive/folders/1D86G0T7SUyueupRPKFNBWkHD1eXpawOv?usp=sharing

Strangely the appeal response letter states '...in the process of applying for a permit from us, does
not entitle you to park your vehicle in breach of parking regulations while this application is pending
or is being resolved.' Whereas in the email confirming the application has been received it does state 'You can now park in Resident or Resident Shared Use bays in your controlled parking zone (CPZ) pending review of your application'. Does this replier not know the rules or do they really mean in the time it takes to put an application in?

I'm wondering whether to pay the half discount price or wait for the notice to owner and appeal again, since this would be direct to the council if I'm right? Is it worth it?

8

And when you have the addresses you could probably answer your question as to why the RM did not redirect i.e. compare and contrast these addresses with your redirection.


I'm under the impression RM doesn't redirect important letters such as the Notice to Owner. In Hillingdon Borough's statement to the TEC they state they looked up the address from the V5 and were sending all correspondence there. They state the letters were returned to sender, so I am guessing whoever lived there at the time was doing that. Unfortunately whoever that was has now left the property so I can't be 100% sure.

9
So they haven't served an enforcement notice on you at your current address?

Nope haven't received anything from Newylyn addressed to my current address. Though I have notified them of my current address. The V5 isn't in my name now either since its been sold.

10
Nothing you've told us so far is grounds for any reduction in the amount owed. You have already filed a WS to TEC and this was fairly predictably refused. Pity you didn't come on here earlier before this was submitted.  You can get this decision reviewed by a County Court judge but this will cost you money.  I think your best option is to agree a payment plan with the enforcement agents.

Please post the documents you have received, please. Only redact name and address.

Thanks for looking through my post. Yes I'd agree with your assessment just looking for any way to save a few quid after letting this get too out of hand. Does negotiating ever work with these agencies at this stage? I do realise my negotiating position is quite weak but not insignificant.

I will keep this forum in mind in the future! Unfortunately searching for advice (and also typing it seems) on the other side of the world through a smart phone on iffy wifi proved quite hard  ;D


Please post the documents you have received, please. Only redact name and address.


Oh right think I've marked some other details for privacy, does this matter?

11
Pictures of enforcement letters and TEC statements/response

While travelling in Asia earlier this year an old neighbour got in touch to tell me a baliff visited my old address in relation to this PCN. This was May 2024. I had initially appealed this PCN in October 2023 with Hillingdon on grounds of being broken down but never received a reply from them and honestly just forgot about it in my haste to leave the UK.

To understand the case, I’ll premise by saying I had not changed the address on my V5 certificate, thinking that the Royal Mail redirection I had would redirect any mail to me. This for some reason did not happen.
If you look at the statement Hillingdon Borough wrote from the pictures, you’ll understand the summary of events HOWEVER I should explain the discrepancies with address is my **** up.

Firstly, on my appeal (which was filled in online) I must have clicked through too quickly and my incorrect Uxbridge address. Secondly, I sent a complaint to Hillingdon Council to understand why I hadn’t received a response to my appeal, but again somehow **** up while typing it out on my phone and said I lived at a different number on the same road of the V5 address. Thus, making them think my V5 address is wrong.
To summarise I am at fault for having the wrong address on the V5 and for confusing the situation further by writing wrong addresses.
I am still perplexed why the Notice to Owner/Charge Certificate/Order for Recovery were not redirected by Royal Mail and instead were returned to sender. Is that normal for these types of letters?

On the advice of a friend, I applied to the TEC to see if they’d accept an out of time appeal but also just to buy myself a bit of time. Predictably that was rejected.

I recently had a phone call with Newlyn and explained I’m back in the UK but unemployed, claiming Universal Credit and in the middle of returning to school to switch careers so the outlook on my income is quite bleak too. After some back and forth the best they could offer is 6 months to pay the £409 outstanding off slower.

My question is – is it worth ringing up again and arguing for a reduction in costs? The best I can think is to argue that its unfair to slap a fee for a visit to my old address when I hadn’t even been served the Notice to Owner etc. Therefore, reducing it to Debt + Compliance stage fee = £174. I could afford that at this moment in time

Any thoughts or advice would be appreciated, thanks.

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