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 - Incandescent

Pages: 1 ... 494 495 [496] 497 498 ... 521
7426
Quote
Also I was not driving should this have come I would have appealed on that basis.
Who was driving is irrelevant, the legislation makes the owner responsible for all PCNs.  The owner is assumed to be the keeper as per the V5C for the vehicle, unless the PCN recipient can prove otherwise.


7427
Only 15 days? We've seen a lot longer than that. Early days yet ! Have we seen your reps ?

7428
You need to move your post to the forum for Speeding and other criminal cases.  A Fixed Penalty Notice is sent by the police to the address you gave to them. This is normally a letter offering you the opportunity to pay a fixed penalty for the speeding offence (£100) plus 3 points on your driving licence. This means no summons to court where the fines etc can add up to a big amount.

7429
There is no involvement with magistrates courts, the process is defined in legislation and is entirely civil not criminal unless you tell porkies on a witness statement, or a statutory declaration.

You are getting needlessly worked up. The maximum penalty is the PCN penalty. Bailiffs are only involved if you ignore everything, (i.e you don't pay or appeal the PCN).

I am sure our administrator will tell you the actual case on Red Route bays at London Tribunals.  It cannot yet be placed in the Key Cases list, because Transport for London have taken them to judicial review. Only when that is decided can it go in, unless the court agrees with Transport for London.  The court hearing is in November, I think.

Basically the message is - Worry not !

7430
The problem you've got is that after you pass the signs on your GSV link, there are more signs to pass, so I think you'd struggle to convince an adjudicator.
Next sign after the roundabout: -
https://maps.app.goo.gl/6DmfqeTjfjEJptEN8
Then this one as you approach the actual restriction: -
https://maps.app.goo.gl/so4AfPUucPJpn7fW7
and finally the actual restriction signs themselves: -
https://maps.app.goo.gl/KWKrWq73eG3ghu6A8

In your narrative you suggest you didn't know what these signs mean, but as a motorist your are supposed to know what all the signs mean, this would not win an appeal.
OK, I know when one is in a strange urban environment, it can get confusing, but that doesn't win adjudications, and with being unfamiliar with the roads, people tend to use their satnavs which are always out-of-date.

7431
The other point to note is that the contravention is for failure to pay the parking charge, but you did pay. Time is always allowed to obtain a parking ticket or session. The only argument is it taking 15 minutes, which in the circumstances seems reasonable enough, especially as the charge allowed parking all day, so you never ran out of parking time.

7432
What is against you is the fact that the sign controlling the parking restriction is right by your car. From what I see so far, legitimate expectation is your strongest argument.

7433
Quote
I didn't really understand the sign

'Road Closed' on large red sign on planter x3
or
the 'flying motorbike' No Entry for cars and motor-cycles sign x2 ?


Sorry if that sounds negative, but would be the first question an adjudicator might ask should this get that far.

I note that the PCN is dated 2nd. October which means (by my calculations - others will confirm) the discount period expired at midnight on the 15th.October.
Please check the current status of the PCN on the Council website.
+1
I see nothing that would win here based on what the video shows.
However, the PCN may be defective or the traffic order establishing the restriction. In addition, if there are no advance warning signs, that could form the basis for an appeal, but the presence of the tubs with signs partly blocking the road would count against this

7434
Post the PCN, please.

Red Route parking bays cannot be enforced using CCTV, after a recent case which Transport for London lost. However they've taken it to judicial review so it's not yet final.

7435
Thanks for checking.
To be honest. I am a bit confused on what I should have done here.
The lights turn green at the same time from where I left and the road merging with the bus.
As can be seen from google maps, there is not room for a car to wait before where the traffic merges.
If I had gone any further I would have made contact with tepee bus. If I had not entered the box junction I would have been there all day and infuriated a whole lane of traffic
It'a typical crappy council traffic lights arrangement. They have no incentive whatsoever to improve matters as it will be making them shedloads of money. Just your luck a bus came along !
You could submit reps on the basis that a motorist going forward from your direction, and seeing a space beyond the YBJ, has an expectation that the junction traffic lights will be operated to allow his direction to proceed. When you entered the box, there was space on the other side. It's not as if there was stationary traffic there when you entered. So that would be my argument, but with the venality of London councils, I expect you will have to take them to London Tribunals and risk the full PCN penalty, as there is no discount option there.
So, stand your ground or pay-up !


7436
I looked at the previous GSV view, (November 2022) and was more successful.  Here is what I think is one of the bays on that street. This one is opposite Claridges.

You can see the Pay-to-Park sign below the main sign : -
https://maps.app.goo.gl/faPhgYhPkRzrFwFd7
However, the PtP sign won't zoom so it's readable unfortunately.

If you decide to take them to London Tribunals, the first thing an adjudicator is going to ask is, why didn't you follow the instructions on the main sign, once Pay-to-Park didn't work ?

7437
Not receiving things like Notice of Rejection of Representations is commonplace, you are definitely not alone, and there is a process to get the matter reset to the PCN stage: -

You must now wait for the debts to be registered at the Traffic Enforcement Centre. This allows DART to issue an Order for Recovery to you, one for each PCN. You can then submit a Witness Statement that you submitted representations but did not receive a notice of rejection of those reps.

https://www.gov.uk/government/publications/form-te9-dart-charge-mersey-gateway-clear-air-zones-challenge-a-traffic-enforcement-order

Now, here's the key thing; you do not have to receive the actual Orders for Recovery in order to submit the above form (TE9). You can submit them once TEC have recorded the PCNs. As you have missed receiving the rejection letters it is clear there may be a mail issue, so best not to rely on receiving the OfR. So you must be proactive from now on, and ring TEC regularly, (about every 7-10 days) to find out if the PCNs have been registered. DART can only register the PCNs after the period for payment of the Charge Certificates has expired. Be careful to check this date for each CC which tells you when DART can apply.
Other thing to say is, don't try submitting TE9s before the PCNs are registered, as TEC will have no record of them and will reject them.
Finally, on the form, the "Applicant" is DART, not you.

7438
It's not your wheels that count but how much of the car intrudes into the box. I would say this is not de-minimis because you are partly blocking traffic emerging from under the bridge in the outside lane.  It's difficult to see a win here, I'm afraid.

7439
Once you've got back to the PCN stage, you can then submit representations that TfL are not allowed to enforce Red Route parking bays using CCTV. They lost a recent panel decision on this at London Tribunals, but have gone to judicial review to try to overturn that decision. The court session is in November, I think. Our esteemed administrator knows the date.

Once you're back at the PCN stage, let us know.

7440
So, to turn right here you would have driven straight past these signs.
https://maps.app.goo.gl/ARFC7FWnMAWFCEg17
Did you not notice them ?

Pages: 1 ... 494 495 [496] 497 498 ... 521