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 - Grant Urismo

Pages: [1] 2 3 ... 13
1
You can't get out of a PCN by creating a backdated hire agreement which didn't exist at the time of the alleged offence.

Having said that, this probably is the right place, but at the moment you've given us nothing to go on, we don't know which authority and jurisdiction this is in. Start by reading the post titled  "READ THIS FIRST - **BEFORE POSTING YOUR CASE!**" which tells you what you need to post to get advice.


2
VRM means vehicle registration mark - ie your numberplate. There's no need to cover this up, it's on display to the public all the time.

To me this looks fairly straightforward, if you were "parked outside their patient/client’s home address" then your pass is valid. You should write a fairly simple challenge and include proof that you were parked outside the patient/client’s home address, and the Council ought to cancel the PCN.

Complaining about the Warden is also possible, but it should be a completely separate process to appealing the PCN and would best be done once you've got the PCN cancelled. Mixing the two processes up is likely to confuse matters.

3
It's probably worth mentioning that your indicator can be seen flashing in the video.

4
I would go much simpler and firmer, along these lines:

--------------------------------

The facts of this case are as follows. On [date] I purchased a yearly parking permit valid at the location in PCNxxxxxxxxxxx from the Council's website at [URL]. The website offered me an option to auto-renew this permit, and I selected this option. I therefore expected this permit to auto renew on [date], so I was shocked to receive PCNxxxxxx on [date].

I have since discovered that the Council's policy contradicts the offer made on it's website, and auto-renewals should not have been be offered for a yearly permit. The bug in your website that allows customers to select renewal of yearly permits persists to this day, as seen in the attached screenshot.

I believe it is wholly unreasonable for you to fail to renew my permit after you offered me a permit with auto-renewal and you accepted payment for a permit with auto-renewal.

I believe it is wholly unreasonable for you not to have fixed this bug in your website as soon as you were made aware of it.

I believe it is wholly unreasonable for you not to have made customers who chose automatic renewal of yearly permits aware of this bug in your website as soon as you were made aware of it.

I believe it is wholly unreasonable and tantamount to fraud for you to attempt to make a profit from a known bug in your website by issuing PCNs to customers who had a reasonable expectation that you would do as promised and automatically renew their permits.

I therefore believe it would be frivolous and vexatious for you not to cancel this PCN under these circumstances.

--------------------------------

The words 'frivolous and vexatious' are carefully chosen. The parking adjudicators rarely award costs against the Council, but they can do if their conduct has been "frivolous and vexatious".

5
It's unrealistic to expect to be able to ignore bailiffs with no consequences.

If you do not pay the bailiffs will be able to take your properly to settle the debt, probably starting by taking your car and auctioning it off.

6
Wait for the Council to upload their evidence pack. Quite often Councils will weigh up the chances of winning against the effort required to produce an evidence pack and decide not to contest your appeal.

7
It actually doesn't matter which one you pick, you're just helping them with their admin. There are no consequences to picking the 'wrong' box or boxes.

8
That looks ok to me. They are likely to reject whatever you say, but that unlocks the next stage is where an independent adjudicator will actually pay attention to what you wrote instead of fobbing you off.

If you wanted to go a little harder you might add this:

3. I am shocked by your insistance that a motorist should access a website when they see your signage, as doing so would constitute an offence under section 2 110. (1)(a) of the The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003. If you continue to assett that motorists "can check the Wembley event dates on the Wembley Stadium website" in your response, I require you to explain what exemption to the law allows this. I remind you that the Regulation also states:

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—
(a) a hand-held mobile telephone...

If you do not accept that you are wrong about this, I reserve the rght to do exactly as you say and report that I have done so to the Police stating that you are the person who has permitted it.

9
... I am wondering if I have grounds to ask to cancel? ...

Strictly speaking the answer is no, only the non-existent registered keeper of AT17OWF has the legal right to appeal that PCN. In the highly unlikely event that you ever hear anything about this PCN other than perhaps a half-apology and confirmation of cancellation, this is the line you can take: I didn't appeal because I had no right to appeal.

I'm with Stamfordman and others on this - you have no obligation to do anything as the council will eventually look up the reg in order to send a Notice to Owner and spot their error, but a polite anonymous 'you put this on the wrong car' will hurry the process along. Hang on to the physical PCN itself just in case, and if you want a real 'belt and braces' approach, delay your message to the Council until the 29th day after you parked, as there's a 28 day window beyond which Councils can't issue PCNs.

10
The discount running out is just part of the process, if you go to adjudication the results is going to be (unless there are particularly unusual circumstances) either win and pay nothing or lose and pay the full rate.

11
If this was my PCN I'd be risking the full fine and taking it to the Adjudicators. With Hippocrates involved you have more than a 50/50 chance of winning and paying nothing at all.

12
See what other more experienced members say, but I think there may be some value in appealing the 2 PCNs individually to avoid a situation where an adjudicator looks at both and decides you should pay one. My slightly amateur assessment is that the second should be a slam dunk at adjudication, so getting the Council to fold on the first one should be your initial focus.

13
It will almost certainly just be you and the adjudicator, it's really rare for anyone from the Council to turn up, doubly so since the adjudicator is likely to ask them some embarrassing questions about the irrelevant 50cm nonsense.

Don't expect the adjudicator to want to hear everything you have to say, they are quite likely to stop the proceedings once they decide you have a winning argument.

I think the quickest route would be to start by asking the Adjudicator if the council are allowed to change their mind about which offence they issued the PCN for. The answer to this is of course, no. You'll probably get half way into pointing out that they changed their mind from Red Route to 50cm before the adjudicator makes their mind up to write some rather choice words about the Council while ruling in your favour.

In the unlikely event that  the adjudicator wants to discuss you being more than 50cm from the edge of the carriageway, don't panic, you're actually in a situation where you could admit you were guilty of that and not be in in any danger of paying a fine for it, because there's a time limit on making accusations and it's too late for the Council (or the adjudicator) to go there (among other reasons). The line to take is that you would have considered your options if you were issued a PCN for that, but that's not what happened. You're here to dispute the PCN you did receive, not a theoretical one that the Council might have issued.

In the even more unlikely event that that approach doesn't win the case for you, move on to asking the adjudicator if the Council are required to consider your representations? If so, does a whole load of irrelevant waffle about being 50cm fomr the edge of the carriageway prove that they did so? The answer to these questions are going to be "yes" and "no".

In the unlikely event that the adjudicator has still not ruled in your favour at this point, move on to your initial argument about this location not being signposted as a red route, and ask if the Council are allowed to withhold evidence about this until the Evidence Pack stage, despite you asking for it at the first opportunity.

14
Are you sure you were more than 10m away from the junction with Six Fields Path?

15
+1 for that. Without seeing the NOR we are flying blind here. I strongly suspect there will be a 'failure to consider' in there that would win at adjudication on it's own.

Pages: [1] 2 3 ... 13