Skip to content

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 - andy_foster

Pages: 1 ... 86 87 [88] 89
1306
The Flame Pit / Re: TFL judicial review
« on: August 23, 2023, 01:30:09 pm »
As explanatory notes, memoranda or even section headings do not form part of the legislation, and much like what you might or might not find interesting, have no bearing on statutory interpretation.

1307
Lines on unadopted (private) roads have no meaning in law.
ANPR only records when the vehicle arrived and left, not where it parked beyond the placement of the cameras.

Private parking "penalties" are generally issued as liquidated damages for breach of a contract, where one party communicates an offer of something of value (such as a limited right to park) in exchange for a promise from the driver to provide something of value.

I am struggling to find any offer being communicated in the sign stating "No parking".

1308
Can anyone advise what my legal situation is here?

The situation is that they are alleging that you owe them £160 as liquidated damages for breach of a contract.

If they take you to court and can prove (on the balance of probabilities) that you as the driver (or vicariously as keeper if they can prove that they satisfied the requirements of the PoFA 2012) were in breach of such a contract and that such a penalty is commercially justified, then they may well be found to be entitled to recover the £100 (plus lodging fee, etc.).

The fact that private "Parking Charge Notices" so closely mimic local authority "Penalty Charge Notices" is largely irrelevant other than to give an indication of the integrity of the people you are dealing with.

The fact that you moved house without updating your V5C is your problem. Essentially it means that it is your fault that you didn't receive the initial threatograms and cannot readily establish whether they are entitled to hold you liable as keeper.

Contracts for parking are usually formed by performance - all things being equal (and they are not always equal) if there is clear signage ("there to be seen") setting out the terms of a contractual offer for parking, you are deemed to have accepted the offer by parking there.
The starting point of any contractual dispute is likely to involve the terms of the contract - what did the signs say?

1309
The Flame Pit / Re: TFL judicial review
« on: August 18, 2023, 12:02:10 am »
So, when they lose (TFL), how is this problem going to be fixed?  New legislation unlike the bus lane saga?

To which "problem" are you referring?

The problem that motorists have is that TfL have decided that the protections that Parliament deliberately put in place to protect them from over-zealous authorities seeking to line their own pockets is hindering their god-given right to line their own pockets with minimum effort.

The problem that TfL have is that Parliament clearly decided that they must not use CCTV to enforce parking bays, which potentially hinders their ability to line their own pockets with minimum effort.

This is not a loophole that needs fixing - it is legislation being interpreted (by the Tribunal) the way that Parliament intended, and which TfL are ignoring. The closest to an actual loophole is that if the legislation is taken literally, CCTV is only allowed to be used where there are both single or double red lines *and* the time plates required only for single red lines - so CCTV would not be allowed for double red lines with no time plate (which is all double red lines). TfL's argument is that this literal interpretation would be absurd, so rather than applying the golden rule and reading in "in the case of single red lines" to the time plate requirement, the entire provision must be treated as a dead letter or otherwise read so as to allow TfL to do whatever they like. I must have been off sick when we did that rule of statutory interpretation.

1310
I think we need the OP to confirm the locations of where the camera was, and where the car was travelling from.

Or even better, get their son to provide the information first hand.

Send three and fourpence...

1311
Report from Mahyar Tousi on youtube yeaterday. https://www.youtube.com/watch?v=zJyqaxSLiXQ

1312
If TFL loses is it then binding (pending further appeal)?

Yes. The JR (if permission is granted) would be a question of whether the adjudicators were wrong in law (whether their interpretation of the legislation is correct or not). If the adjudicators' interpretation is upheld then the adjudicators would be bound to interpret the legislation as they currently do.

1313
The Flame Pit / Re: Hard to read or follow.
« on: August 05, 2023, 10:20:28 pm »
While we are discussing trivial aesthetic considerations, is there a way to get the time to display properly. You have leading zeros before 10am (or 1000hrs) on the 24 hour clock, not on the 12 hour clock. There is no such time as 01:30 p.m. (and 01:30 a.m. whilst not ambiguous is also wrong).

edit: Time format can be set to 24h in Profile -> Look and layout
https://www.ftla.uk/index.php?action=profile;area=theme

1314
The Flame Pit / Re: Hard to read or follow.
« on: July 27, 2023, 09:30:47 pm »
 8)

1315
The Flame Pit / Re: Hard to read or follow.
« on: July 26, 2023, 07:23:55 pm »
The major "readability" issue I have is that the the quoted text is far too small (to read at a comfortable distance using a TV as a monitor). Whilst this may be beneficial when neurodiverse posters bloat quote, it tends to defeat the intended purpose of quoting.

Otherwise, change always involves a learning curve. Such is life.

1316
The Flame Pit / Re: Red route panel review
« on: July 22, 2023, 11:00:00 pm »
The dark side's argument appears to be- 

the legislation says that CCTV enforcement can only be used on DRLs and SRLs and only when the timeplate that is required to give effect is in place - which taken literally means that CCTV could never be used to enforce DRLs as there cannot be a timeplate, therefore the legislation cannot be read absolutely literally, and rather than being read with the necessarily implied "where appropriate" or somesuch, the legislation must be read only insofar as it supports them and otherwise disregarded.

I understand that this shows an utter lack of integrity which is not inconsistent with LA enforcement, or the legal profession for that matter. Or arguments that have won in other cases and other courts where the bench were determined to find a way to give effect to their biases. Beyond that, I struggle to recognise or understand any rational or credible argument on their behalf.

1317
Speeding and other criminal offences / Re: Single Justice Procedure
« on: July 19, 2023, 09:31:34 pm »
There is a difference between the COFP telling the driver what to do and the driver not doing it and the COFP not telling the driver what to do.

Is there a material difference (12 angels dancing on the head of a pin is different to 13 angels dancing on the head of a pin), and in what regard?

N.B. I have been asked to "play nice" for a while, so I will avoid ventilating the obvious immaterial difference.

DPP v Holden (of the previous parish) held that a defective COFP was not a bar to subsequent prosecution after the suspended enforcement period had lapsed, if the defect did not disadvantage the accused. That is not however to say that if the accused was somehow disadvantaged it would necessarily be a bar to prosecution or otherwise a defence.

As regards the prohibition on instigating proceedings when the requirements of a conditional offer has been complied with, either they have been or they haven't.

The statute (s. 75(8A) RTOA 1988) is reasonably prescriptive regarding the information (name, date of birth and licence number) that must be provided to the fixed penalty clerk. I would suggest that the date of birth is effectively redundant where a licence number is provided.

It does not appear to be open to the CTO to insert their own requirements beyond that of providing information necessary for the recipient to provide the identification information to the appropriate person (fixed penalty clerk).

If, as the OP appears to be trying to tell us, he had to provide this information (possibly not including the redundant date of birth) to the appropriate person in order to make payment, unless he provided the wrong information, it is not obvious that he failed to comply withe the requirements set out in the statute.

However, if the OP has managed to fail to comply with the requirements, there is no statutory bar on prosecution. The obvious distinction between not bothering to read the COFP and the COFP not bothering to state the requirements is that in the latter case the argument for sentence at the equivalent of the fixed penalty is far more compelling.



1318
Speeding and other criminal offences / Re: Single Justice Procedure
« on: July 19, 2023, 03:04:22 pm »
What did the COFP say as regards proving the driving licence details?

1319
The Flame Pit / Re: Website suggestion
« on: July 17, 2023, 08:22:48 pm »
For me (on Firefox 115.0.2 on Linux Mint) it renders with more padding than sparx' padded version.

Pages: 1 ... 86 87 [88] 89