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Messages - Anca.Antohi

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1
Please ignore the above. I have read your message again.

2
The only way this will be dealt with is by appealing as the Keeper. No appeal will be successful but you have to go through the motions. Eventually a court claim will be made and if you follow all the advice, it will eventually either be struck out or discontinued. the whole process will take anything from 9 months otherwise a year or more.

The operator has no idea who the driver is and the Keeper is under no legal obligation to identify the driver. So, no inadvertently blabbing the drivers identity. As the Keeper, you always refer to the driver in the third person. No "I did this or that", only "the driver idi this or that".

First step is to follow this advice:

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. UKCPM has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. UKCPM have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.

Come back when you receive the appeal rejection.

Hi,

I know we already spoke about this, probably just recently added this field on their website (just so I make you aware for future cases as well)

Am I the registered keeper ? and therefore in no association with the driver ?

I should select The Registered Keeper ?

Or should I go with other ? I am under any obligation to mention my status as the keeper of this vehicle ?

Please see attached below what I mean.

I know it must sound silly, I am just double checking. Please confirm that registered keeper is ok or if I should go with "other"

Thanks in advance for all your help.

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3
Your posts do not obscure personal information such as your name and address, which you might not want to display on an essentially public forum.

Hi,

Appreciated, however not helpful, feel free to steal my identity, however advisable is that you don't due to various reasons I won't mention.

And yes, I do understand these are visible to everyone, including the authorities I am up against, however this is just advice, as the citizens advice line I never actually get a pick up.

Our data is sold on a daily basis by all companies, hence all the spam emails and scam calls.

I don't fear what is actually happening, will just add another layer of defense, one invisible to the naked eye.

Thanks for your kind message, however I am aware of the documents posted being uncensored. 


Feel free to comment on the relevant topic if you have ever had a CPM PCN received or anything relevant on in regards to them.


4
Dear Sir,

Please note that today I have received yet another letter from them, sounds a bit rude and threatening.

They have not even allowed or included my possibility to appeal this, however not over the allowed given period to do so.

It looks like some 2nd grader has written this as some sort of bully to intimidate me.

The alleged contravention has happened on the 24th of June, providing me with the possibility to appeal within 28 days of issuance. Not to have mentioned the fact letter arrived several days later.

Would this not be classed as harassment ? and avoidance to disclose all the possible options available ? is this not bad intent they are acting upon ? Could I get this dismissed just on sheer fact they are not even allowing me to take action on their own timetable ? Sounds extreme with prior cause of them issuing such a notice.

I kindly ask you provide me with some knowledge if possible. Any chance we can dismiss this on a technicality ? Is this letter correct ?

I thank you in advance for doing so.

Please see attached the notice received today.



 

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5
The only way this will be dealt with is by appealing as the Keeper. No appeal will be successful but you have to go through the motions. Eventually a court claim will be made and if you follow all the advice, it will eventually either be struck out or discontinued. the whole process will take anything from 9 months otherwise a year or more.

The operator has no idea who the driver is and the Keeper is under no legal obligation to identify the driver. So, no inadvertently blabbing the drivers identity. As the Keeper, you always refer to the driver in the third person. No "I did this or that", only "the driver idi this or that".

First step is to follow this advice:

There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

Quote
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. UKCPM has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. UKCPM have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.

Come back when you receive the appeal rejection.


Dear Sir,

I love it. You're an absolute genius and I love the tone, as the keeper of the vehicle, I cannot say anything else but say that I love IT, even the driver of that vehicle might love it.

I completely understand the tone as whatever I say they will have rejected it anyway. We are just cutting through the chase, not beating around the bush too much.

A similar advice was received from another nice gentlemen I have met on this forum, might be the same as was in contact with him via email.

I am extremely grateful for all your advice and help.

I wish you have a great day ahead of you sir as you already brightened mine. 

6
Hi mate,

Problem is, I have 2 of these, and on the other one the signage is not too high.

Winning one an losing another ends up costing the same.

I could just appeal this one and pay the other .... as a best case scenario, reduce my costs in half if I win one.

Do you know how long these things take ? Where are they being judged ? I live in West London, I found some tribunals are rather far.

Do you know if you need to be there in person for any hearing to state the facts ? Any sort of lawyer or judge to question you ? As I am rather an introvert. My partner would be more suitable for this type of stuff however it's my name on the PCN.

Can you give us a little more insight on the process ? If you happen to be aware of it of course.

Thanks again for taking your time and replying.

7
Dear all,

Upon entering the car park, the driver was making deliveries around that area, parked up for very little time, being on the move most of the time.

The camera is showing vehicles entering and exiting the area being positioned towards where the road beings and not showing any images of the parking spaces or any parking lot. Therefore the above mentioned one might make a case the camera is not showing the vehicle as parked as per notice having been parked for 42 minutes.

The driver of the vehicle may produce some pictures of the app having doing Amazon deliveries (as per from the app), one of the boxes, and even the insurance running with a receipt time and date stamps.

The driver might also claim he was mandated by the residents of the area on behalf of Amazon to deliver the parcels, therefore having permission to access the private land as having basically received a mandate from Amazon that received it from their residents that are allowed on the private land.



Please see attached PCN and a snip from Google pics, along with an expiations where driver might have delivered.

Below link shows exact location of the camera.

https://www.google.com/maps/@51.5744541,-0.3185467,3a,75y,63.38h,103.14t/data=!3m7!1e1!3m5!1srcqlPVg1YBxZKUGRzI7C0Q!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D-13.144212669477497%26panoid%3DrcqlPVg1YBxZKUGRzI7C0Q%26yaw%3D63.375293953918714!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDcwNi4wIKXMDSoASAFQAw%3D%3D


On 26st June, I, the registered keeper, received a PCN through the post.

Please advise on the best course of action.


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8
As per yr earlier thread, we need to see
all sides of the PCN (redact only yr name & address - leave all else in),
a copy of yr reps to the Council'
and
a copy of their Notice of Rejection (only redact yr name & address).

Sorry,

Missed one page. Please see it here.

Thanks in advance.

(Attachment Link)

9
Try as I might, I cannot see in any of your posts
all sides of the PCN (with only yr name & address redacted),
a copy of what you wrote to the council,
nor
a copy of their Notice of Rejection?

You may want to edit yr second image in yr opening post to redact yr name & address.
+1

This is the basis of your problem; using satnav without paying attention to roadsigns.
Quote
I was following 2 GPS tracking phones, one with Amazon maps and another with Google Maps

Please also give us some real information to go on, rather then telling us all about other cases and information of no value to you or us.
.
- PCN all sides with only name and address redacted
- Description of journey that gave rise to the PCN

Here are some GSV extracts. The southbound approach is only up to 2022 so may not be up-to-date, so not posted

North-bound along Peterborough Road
Advance warning sign: -
https://maps.app.goo.gl/MAA3bZ54g4MVryha8
Restriction signs
https://maps.app.goo.gl/d531jbGfu9sHq5X36
These are absurdly high up. So high, in fact, in my opinion, as to not meet the test of 'adequacy' in The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (LATOR)

Approaching Peterborough Road on Clancarty Road
Advance warning sign
https://maps.app.goo.gl/UXN6tAibRQ9KBzjHA

Having now looked at GSV, and assuming you came down Clancarty Road and turned right, the restriction signs are absurdly high and likely to be missed. That may be the best avenue for an appeal at London Tribunals.

There may be a "technical" appeal based on H & F mismanagement of the enforcement process,  but I'll leave that to others more knowledgeable than myself.

Dear Sir,

Thanks for your response.


Quote
This is the basis of your problem; using satnav without paying attention to roadsigns.


You need to understand I need to keep a constant eye as deliveries were very close to each other, this operation is timed, I have a limited time to deliver every parcel read lines and lines of instructions as per every customer, this particular morning was extremely busy as children were going to school, creating havoc, this was just literally 50 meters down this road prior to me entering this parking lot and exiting back on this road passing the "point of no return" where all the air was cleaner. 

I have never seen that sign and was unaware of council trap in this area. They should be better advertised, I don't think I have seen 1 single sign about London Traffic Neighborhood, Clean air initiative. They just pop on the road. Since these major restrictions and high PCN they should be accessible via barrier or some other sort of means here, these are just traps set up by the labour run council.       


My journey, as per that morning, from what I can remember, I was coming from the right hand side parking before this restriction (you can clearly observe this from the video). The sign is extremely high here and has been missed, I was focusing on the traffic in the parking lot (big truck going out the other side).

Also please note that the document of the notice of rejection is containing all the information of the PCN and more, including my Representation (appeal) and their response. PCN number, vehicle reg and other important bits (it's 6 pages long) containing everything was attached since my very first post.

It's a PDF that has been attached since my initial post, the name of the file is P0010700724 and can found at the very top of this topic in the attachment section. This is the same as the one they have sent to my email as a response.

For your convivence please please see PCN attached here as well.

Please let me know if you have any ideas of how I might get around them and win this ? as I am considering taking another hit and just paying them thieves (Friday I think it's last day I can pay it reduced, but will probably do it on Thursday just to be sure) as this is driving me and my partner's blood pressure through the roof.

Thanks in advance for your reply.






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10
Try as I might, I cannot see in any of your posts
all sides of the PCN (with only yr name & address redacted),
a copy of what you wrote to the council,
nor
a copy of their Notice of Rejection?

You may want to edit yr second image in yr opening post to redact yr name & address.

Dear Sir,

I have mentioned that I have attached the a copy of the notice of rejection to this thread. Please download it's already available, also inside this notice of rejection you will find.



- My appeal or legal representation of what case I made for myself to get this dismissed
- Their decision (the council's) Response from their rep rejecting my appeal.

This is a PDF file as was received via email from themselves. The file name is P0010700673. It made more sense of attaching as a PDF rather then take a photo of each page, at it's 6 pages long (this site has a limit of 4 documents, and there is also a loss in quality, easier to read and also full search capabilities within the document.



This document is more comprehensive then the PCN itself, however since you are requiring this I will also attach the document.

So please see it attached here.

I did not censor the document as really if someone steals my identity or tries to break or steal my car they will be really disappointed, not to mention our data is being sold daily (as per the huge amount of emails and scam calls everyone is receiving).

I mean by all accounts people are constantly missing the fact all details have already been shared asking for PCN number and vehicle reg, when they have been shared since the very beginning, I think I might be safe on this forum.

Let me know if you have any viable idea on how I might structure a defense that works.

Thanks in advance. Let me know if there is anything else you might require.



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11
As per yr earlier thread, we need to see
all sides of the PCN (redact only yr name & address - leave all else in),
a copy of yr reps to the Council'
and
a copy of their Notice of Rejection (only redact yr name & address).

Dear Sir,

I have mentioned that I have attached the a copy of the notice of rejection to this thread. Please download it's already available, also inside this notice of rejection you will find.



- My appeal or legal representation of what case I made for myself to get this dismissed
- Their decision (the council's) Response from their rep rejecting my appeal.

This is a PDF file as was received via email from themselves. The file name is P0010700673. It made more sense of attaching as a PDF rather then take a photo of each page, at it's 6 pages long (this site has a limit of 4 documents, and there is also a loss in quality, easier to read and also full search capabilities within the document.



This document is more comprehensive then the PCN itself, however since you are requiring this I will also attach the document.

So please see it attached here.

I did not censor the document as really if someone steals my identity or tries to break or steal my car they will be really disappointed, not to mention our data is being sold daily (as per the huge amount of emails and scam calls everyone is receiving).

I mean by all accounts people are constantly missing the fact all details have already been shared asking for PCN number and vehicle reg, when they have been shared since the very beginning, I think I might be safe on this forum.

Let me know if you have any viable idea on how I might structure a defense that works.

Thanks in advance. Let me know if there is anything else you might require.





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12
I would still do it since I don't have the money to pay them and this would grant me about to 2 months at best case scenario before they send in the bailiffs to collect ? Problem is I would then pay £160 each for a total of £320 ...

Think again.

If bailiffs arrived at your door they'd be demanding (£160+£80+£10+£75+£235+£160+80+£10+£75) = £885.

£160 - the standard penalty;
£80 - the surcharge of 50%;
£10  - court registration fee;
£75 - bailiff compliance fee;
£235 - bailiff enforcement fee.


Hi,

Yes I was looking at only getting 2 months extra, not looking at bailiff procedures, however not being paid like some at Croydon council with £726/ph it just piles on my poor situation making it even harder to pay, raising my stress levels and having just another bit to deal with. But having been in contact directly with someone dealing in the field (from this website) Mr Ivan (ivanleo@gmail.com) with these and chances to win are silm 50-50 at best from what I gather and that is if they make a technical error and pull out something called a wrong traffic order ...

After the fee, if we win (and it's a big if) plus all the effort and fact I might need to waste some more time in the tribunal to testify and whatever else legal procedures, it makes more sense to just pay them.

It's not fair, it's discriminating, however life's not fair. I might just have to add another minus to my almost finishing overdraft and pay the £160 (for the pair).

I was just looking forward to a couple of questions, if precedent is being applied, answer being no, my defense is about 0. And as for height of the sign, that would only apply to one of them. Losing one and winning another leads to same results....


I'll give it until Thursday see if anybody comes with any ideas for how I can appeal and win, if not will just add another minus on top of all the minuses on the card.

Thanks for your input.






13
They are the same contravention however in a different location. Circumstances slightly different.

Question still remains: Are they not obligated to respect a precedent ? in same circumstances why is this different ?

Just to make it easier:

PCN: HZ91637553
REG: YC09OWH

Do I have any chances running with my defense via quoting a previous situation (as I know they are called precedents)

I think I found around 2-3 cases similar on this site when I made my appeal.


Also please have a look below, on the links below to see more on this matter, if you might want to see about their initiative, and if its about clean air or getting millions of PCNs out.

https://www.telegraph.co.uk/news/2024/03/30/hammersmith-fulham-council-ltn-pcn-fines-one-million-month/

https://www.dailymail.co.uk/news/article-13258791/Motorists-stung-1million-fines-hated-Low-Traffic-Neighbourhood-Hammersmith-Fulham-blamed-causing-problems-elsewhere.html   

Please let me know if you have any idea on the precedent situation.

Just as reminder the case I used in my initial appeal was:

Rinat Bikatov v London Borough of
Waltham Forest Case no. 2120030405

14
Dear Sir,

Thanks for your input. The PCN number is in the Rejection Appeal Notice that has been attached to my initial thread.

However for your convivence please see it here below as well as the vehicle registration number.

PCN: HZ91718699
Reg: YC09OWH

I understand signage is rather hard to contest, however, I would have added this on top of main defense and as of such that they have departed from the statutory precedent where they have cancelled lots of other PCN to first time offenders.

I feel I am being discriminated against, as I am a first time offender and in other previous cases they have shown mercy an cancelled them. Given my circumstances I don't understand why am I being treated diiferent.

As an example I have used the below:

Rinat Bikatov v London Borough of
Waltham Forest Case no. 2120030405

All this information can be found in Notice of Rejection attached to my main post.

Also, appeal was made when the reduced period was still applicable and by law (as far as could find online) also other PCN I have contested they obligated to still offer the reduced rate, they would have not offered if appeal was made before the reduced period would have ended, this is not a courtesy it's just a their disguise to make me pay. This is just a scare tactic and if you read their letter (that I find highly offensive) you will see it's written in a threating tone without any justification for rejection. They are actually using CAPS to get it all in capital, as one were to be SHOUTING !!!

Very unprofessional on their behalf.

If I would have had the money I would have paid it and get it done with, as much as I enjoy this(sarcasm), I have other pressing matters that need payment, as rent, council tax, other bills.

So my main focus is keeping the rent and light on, not paying something that is clearly met to entrap drivers. They have racked over £8.000.000 with just 5 cameras in 1 year.

I just need a bit on insight as to how much effort I should put into this so I know if I have a chance of winning or will it just be buying myself some time and paying at a double rate.

Please have a look at below graph:

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15
Dear All,

This is my second post with a second PCN receive in same day in the span of less then 2h from the H&F London Borough.

I have have had made an appeal as for the first one (HZ91718699 posted on a different topic) and at this time have not managed to get any results this one either.

As I have mentioned the first time I was not expecting any restrictions and was rather under pressure to deliver all packages on time (as deadline for this block was 11AM) and this fine was issued at 10:12AM however would I have known to take an alternative route to deliver this parcel I would have.

I was not expecting to encounter such major road restrictions as they were not previously announced, I do understand the sign, however I am referring prior to this.

It would reckless and hazardous to stop in the middle of the road to check signage of an area nowhere to be found other than London and then backway if not allowed, I fear this might also be a contravention in itself and illegal ?

Please see attached Notice of rejection along with my appeal towards the case. Should they not have considered any of their previous decisions as to show lenience as a precedent has been established, should they have not considered as cancelled my PCNs as well ?

Does anybody know what chances would I have if I take this to London Tribunals for an adjudicator to have a second look ? Am I just wasting my time ?

I would still do it since I don't have the money to pay them and this would grant me about to 2 months at best case scenario before they send in the bailiffs to collect ? Problem is I would then pay £160 each for a total of £320 ....

Attached my appeal and their response to my appeal as well some evidence I have had to submit at the time. For some reason the time stamp on the block summitted as evidence was wrong however now showing right (it was suppose to be 7AM not 9AM).

Please leave your opinion or advice below if anyone encountered this before ?

What do you reckon is the best course of action ?

Thanks in advance to anybody reading this.

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