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Messages - cp8759

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31
Hi
I already submitted the representation before i received your response, so now waiting for their response.
Please post their response when you get it, and if it's a rejection please show us what you sent.

In the meantime please could you answer my questions re: medical evidence?

32
Not sure if @belt is still around but an edit (I can't edit the above post?) replace "seilen" with "sail" as I've been told "grounds" can only be used in the plural
Done, I see belt has been back today so hopefully he's submitted that.

@belt please could you confirm?

34
Any advice would be greatly appreciated for returning the TE 7 & 9  :)
@D D all I can suggest is that you give a full and frank account of events so far. Write a draft and post it on here urgently, and tag me in your reply.

You see it is for this very reason that we always advise to throw the paper TE9 in the bin and just do everything by email, if only you'd done that all these problems could have been avoided.

Did you find the postal receipt?

35
@chopwell20 I will PM you a link to put in the representation, it will redirect to here but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

Dear Southend-on-Sea Borough Council,

The PCN carries a premium rate telephone number, and I contend that as in Bateman available at LINK this results in the amount demanded exceeding the amount due by law. While I appreciate other payment methods are available, binding authority from the High Court in the case of London Borough of Camden v The Parking Adjudicator & Ors [2011] EWHC 295 (Admin) determined that where one payment method carries a surcharge, the availability of other payment methods is irrelevant and the penalty demanded is excessive.

It follows that the penalty charge must be cancelled.

Yours faithfully,


Send this via the council website and keep a screenshot of the confirmation page.

36
@bigred247 is the penalty was paid without your consent then the lease company is in breach of various provisions of the Consumer Rights Act 2015, and the case can be fought on that basis (against the lease company, not against the council).

Whether you are willing to fight that fight is another matter, to date we have not come across anyone willing to take on their leasing company.

37
Video:

https://www.youtube.com/watch?v=4-6ZH_d7apo

@Hashim this might be one for the strategy of last resort, is there any mitigation that can be advanced?

38
At the location (Cambridge Road) Merton have used ‘special authorisation’ road signs, so they are not listed in the TMA 2004.

So my real question is: can ‘special authorisation’ signs be used for moving traffic contraventions under the 2003 Act?
No signs or special authorisations exist under either Act, you're quoting the wrong legislation. Signs are dealt with by section 64 of the Road Traffic Regulation Act 1984 and by the Traffic Signs Regulations and General Directions 2016.

You've posted the NoR on facebook so here it is:











Please show us the PCN as well and then we can investigate this properly.

Please read the guidance here explaining what you should and shouldn't redact, and how to post images properly: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

39
Curiouser and curiouser...





I've now requested the "other" traffic order, let's see what turns up.

40
@John_S you need to read the guidance here please: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

You also said on the facebook group that you've got a notice of rejection from Merton, so please show us.

As for your question, the simple answer is that the provisions of the 2004 Act have not been brought into force in London, so in London the 2003 Act applies, outside London moving traffic is dealt with by the 2004 Act.

42
As the O/P cannot recover his personal effects unless he pays the charges
We don't know that though, we've been told he can recover his personal effects if he attends with the V5C, and the V5C is in the car. It might be that he can get his personal effect if he turns up with the key and the towing company get the V5C that way. It might also be that there's nothing of value in the car.

43
Statutory Declaration get it attested at county court and submitted to TEC and received email confirmation.
@jsit00 the court will issue a revoking order which cancels the charge certificate and the order for recovery, and the authority will refer the case to the tribunal. The tribunal will send you a rather idiotic automated letter asking for a copy of your representations, even though the council has it already. As soon as you get that letter let us know and we'll explain the next steps and how to respond.

44
@estevenin as always please post up the paperwork and we'll see if we can sort something out.

45
Do the council have a deadline for responding to the initial appeal email?  It's almost a month now and I've not heard anything - but I realise this could be normal?
@towedaway26 it is normal but from what I see you've paid the PCN? What happened?

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