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Messages - DancingDad

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News / Press Articles / Re: Parking sign emblem 6cm too small
« on: January 08, 2024, 04:21:29 pm »
Not sure that I have ever seen an article with so many errors!

The Flame Pit / Re: Enforcing Signs Without Lines
« on: November 27, 2023, 01:26:02 pm »
They are perhaps the most insidious restriction, relying on a driver seeing a relatively small entry sign and requiring no lines that may give a warning to the inattentive motorist

Only thing I can think of is that the time shown in the PCN doesn't correspond with when you caused your vehicle to enter the box (which is when the offence strictly occurs). You entered at 1537 and PCN says 1538.

I don't think we've tried this argument at tribunal before so can't say how likely it is to win...........
It has been used and successfully but when the time of contravention on the PCN doesn't show a contravention..... ie of they had stated 15.36, the evidence is clear that there was no contravention.
In this case the video shows that the vehicle stopped, completing the 3 items prescribed (entering, stopped and due to stationary vehicle) at about 15.37.55 and that the vehicle was still stopped well into 15.38.
IMO stating either 15.37 (actual point of contravention) or 15.38 (still in contravention) is valid.

Non-motoring legal advice / Re: Help re an eviction notice while abroad
« on: November 15, 2023, 09:24:13 pm »
There is a difference, as has already been said, between seizure of goods to satisfy a dept and repossession of goods.
The first does not allow forced entry.
The second does insofar as it is reasonable and part of the repossession.

The eviction part is actually secondary to the taking control from a landlord's point of view.
But usually seen as the important part by the occupiers
Often bailiffs will not break in a door as this is damaging the very property they are taking control of.

Whether they have it is open to question but their insurance would be the simplest way, either direct under contents insurance or under public liability.
I would be prioritising that in my to do list to get this sorted.
Second item, which will be needed is whatever proof and a value.

Any insurance on the car?

28 days startng with date of service.
Which is on 2nd working day after posting so posted on 20th (friday) deemed served on 24th (tuesday) so drop dead date is 21st Nov.
Don't leave it till last minute

Your honesty does you credit but will see you losing.
In effect you are saying you followed the bus into the box and stopped because it did.
That is the contravention cited and fully made out.

The evidence is what will be used to prove or disprove the contravention so work on what can be seen, not what you know.
The video shows you entering the box behind the bus but seeming to be steering for the left hand lane.
The video shows you braking as you were steering.
It also shows a moving moped sneaking up the inside while you were braking.
So maybe should be phrased as was stopping due to the moped to be exact.
TBH I regard it as the stutter dance polite people do when trying to pass each other in a doorway.
Step left, step right, stop, after you, no after you.

At the end of the day, it is either grab the discount or be ready to take this to adjudication where an adjudicator will look at the video, listen to what you have to say and decide.
IMO, challenge now with the best light you can put on the evidence and that will be on the table at adjudication.
The less you try to justify each little movement, the less there is for anyone to pick holes in.

My take is that you intended to take the left hand lane, were steering to the left hand lane but felt compelled to stop due to a moped on the inside who seemed to be undertaking or about to.
The stop was solely so as to avoid an accident and possibly wiping out a rider.
It should be noted that the moped was not stationary when I stopped so one leg of the contravention, ie stopping due to stationary traffic is not complete.

I would not mention the bus unless it is to dismiss it.... the bus was stationary but that was not the reason for the stop.

Seems worth taking wot HCA writ above.... from after 2 the offences are...
to the end.

Head it with
Dear Sirs
The Contravention Did Not Occur

And end it with Hugs and Kisses (or your preferred closing)

It's got all that is needed

I would not bother putting the links in your challenge.

And you stuttered here.
I also note that the PCN does not comply with The PCN does not comply...

Apart from that, works for me

The 10 minute grace is now to be found in the new fangled regs, your link is to repealed regs
Reg 5(2) applies

Imposition of penalty charges for relevant road traffic contraventions
5.—(1) A penalty charge may be imposed with respect to a vehicle where that vehicle is involved in a relevant road traffic contravention which is committed on or after the commencement date.

(2) But no penalty charge may be imposed under paragraph (1) in relation to a parking contravention where—
(a)the vehicle is stationary in a designated parking place and is left beyond the permitted parking period, and
(b)the period for which it is left beyond the permitted parking period does not exceed 10 minutes.

The Flame Pit / Re: FTLA missing cursor
« on: November 13, 2023, 10:53:46 am »
Using Win 10 and Edge here but seem to have the vertical cursor?
Can't say I've ever missed it but likely at some time it has gone walkabouts given Windows and Tinternet issues that can occur

Ah.... new fangled regs LOL.

There is an older HC case, offhand cannot remember which one that dealt extensively with the difference between served and contravention date and why they had to be clear...I think was under the 1991 regs but reasoning is still valid.
Went along the lines of a CEO could come across a car parked in contravention at 11.55pm.
Observe for a couple of minutes and decide to issue a PCN.
Which may not have been served until after midnight, giving a day difference in the statutory time periods

The grace period is valid, also the PCN payment periods are from date of contravention not service this has won on it's own

I'm lost on that one as well PmB?
This PCN says starting with date served.
I think it is Oxford bus lane PCNs that get it wrong but haven't checked?

There is no need to redact personal information and can be obstructive to do so as we cannot easily check for things like CEO photos.
I assume somewhere near here but please locate exactly and link back,-1.2673444,3a,90y,254.66h,70.32t/data=!3m6!1e1!3m4!1sLQsl1LkOjj75Maa13auoYQ!2e0!7i16384!8i8192?entry=ttu

Apart from that, I am with you, you seem to have overstayed your welcome by 7 minutes.
But not by the 10 minutes that they must give before they can issue a PCN

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