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Messages - Grant Urismo

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31
I think we're in danger of reading too much into that decision on the meaning of "match day".

While Carl Teper might not "have jurisdiction to strike down the Traffic Management Order as invalid, nor can I disregard a statutory definition on the basis of fairness or otherwise" he does have the ability (and duty) to determine if the signage accurately conveys the contents of the TMO to a diligent motorist, which it does not. If not, then we're in a ludicrous situation where councils can dispense with signage entirely.

I suspect he would have accepted this argument had appellant had brought it up, but didn't need to go there on this occasion because he'd already ruled in the appellant's favour.

32
Where's the TTO suspending parking? All I can see is one which refers to prohibited entry and Tarling isn't among the listed roads anyway.

Tarling is listed on the second page, but I agree that the wording says the effect is to close the road, not to suspend the bays.

The main thing I take issue with is the signage. That's not a suspension sign, it's an advance warning sign. Point 4 on the sign says the restriction only applies when the appropriate traffic signs are in place, in my book that means actual suspension signs.

Secondly, the sign is so riddled with grammatical errors as to be incomprehensible. What the hell does "Monday 29th September until Monday 29th September 8am to 4pm" mean? Arguably the restriction starts as soon as Monday starts and lasts until 8am, then restarts at 4pm - in which case the PCN was issued 7 minutes after the restriction ended. The notice gives a completely different time window, ending on the 3rd October at 6pm!

Thirdly the notice says restriction ends when the work ends, and that the work is "Tree works - Green Space, Cleansing and Gristwood and Toms" another crime against grammar. I would say you're entitled to put the council to strict proof that "Tree works - Green Space, Cleansing and Gristwood and Toms" occurred after 08:07 on that day. If it didn't then they can't issue the PCN, because the notice says the restriction ends when the work ends.

33
I'm not suggesting actually doing this without getting a lot more official legal advice than I'm able to offer in my role as a completely unqualified random stranger on the internet, but In your shoes I'd consider a note saying something like:

Dear Parking

Bearing in mind that that putting up a sign that says I can park somewhere then fining me for believing that sign obviously constitutes entrapment, and I've heard nothing from you for a while, I believe my current options are:

1) Hire a legal team, apply to the Court for a stay, and ask the Court to award costs

or

2) Pay up then hire a legal team, prosecute the Council for unlawful enrichment, get my money back and ask the Court to award costs.


...unless of course can you confirm that you've dropped the matter?

34
Again with my Computing lecturer hat on, paranoia and a desire to learn through asking questions are highly desirable traits in a cybersecurity student, so I felt the need to balance out the likes on Hippocrates original question.

This stuff isn't obvious or simple, so I am happy to deliver as much of a lecture on TCP/IP as the regulars would like in order to help them argue points in front of adjudicators from a position of knowledge.

35
There is literally no way for a website to send you a page without temporarily storing your IP address, so it's actually just a question of how long that information is retained.

36
With my Computing lecturer hat on, I see no cause for concern. An IP address does not identify an individual (both factually and legally, according to case law from file sharing cases). Unless you've specifically paid for a fixed one and never use a mobile device or a different wifi network, they can change arbitrarily.

37
No.

This is not as simple as you think it is. We need to fully understand what's happened here in order to give you the correct advice. The signage IS relevant!

38
You are in a very unusual situation (and possibly heading out of parking law jurisdiction) and as Incadescent says, we don't have a lot to go on.

To understand exactly what's gone on, and to see what precise mistakes have been made, we need to see the PCN, the CC and your correspondence with the Council (redact your name and address only)

I think establishing a full timeline would make a lot of sense too. If you can give us a list of exactly when everything happened with dates and times, that would really help. You may need to prove some of this in font of an adjudicator, so knowing what you have evidence for and what you do not would also help.

Lastly, to expand  on H C Andersen's question, what outcome are you hoping for? Are you still happy to pay £80 to make this go away, or are you willing to put up a fight to get the final bill to zero?

39
...In fact one cannot enter this street AT ALL from the other direction...

It may not particularly help the OP to know this but with the benefit of local knowledge, I can tell you this is a very common misreading of the signage.

This sign at the other end of the road  doesn't prevent you from driving Northbound on Lowesmoore Terrace, it's actually advance warning that when you have done so and are nearly at the point where the OP entered the road, you have to turn left.

In order to get to the other side of the junction where you can continue Northbound you actually have to turn left, turn left again, do a u-turn at the roundabout then come back to where you were, a round trip of 1.4 miles on some of the busiest roads in the City. The Council's stated reason for this is to reduce congestion and pollution, which to me suggests that in this case they are not so much venal and rapacious as they are comically incompetent.

If I can be of any actual assistance to the OP by taking local photos, I'm happy to do so.

40
They say they have already sent you a Charge Certificate. Have you received it?

41
At the moment, just wait to see if the council upload evidence. They have to do this at least 7 days before the appeal date, to  give you time to respond.

There's a pretty decent chance they won't bother, so you'll win by default without having to do anything.

42
15 inch tyres means the silver part of the wheel is 38cm diameter.

Looks borderline to me, but I'd say the onus is on the council to prove the allegation not you to defend it. It wouldn't be beyond the wit of man for the council to provide their CEOs with a 50cm tape measure they could use in their photos.

43
The council can't enrich themselves by partnering with a charger manufacturer that makes unreliable chargers, and this design of charger is notoriously unreliable.

What do they expect a diligent motorist to do, wait by their car the whole time just in case there is a power cut? Is there a grace period in the event of a power cut or other fault? If so how is the motorist informed of this?

I suppose one approach would be to pay the PCN the bill Total Energy for the financial loss?




44
Well, there's at least the theoretical possibility that the Council might suddenly present the adjudicators with a compelling reason to ask for the case to be rescheduled.

Given how vexed the adjudicator who is having to give up his or her Saturday for nothing is likely to be by all this, I suggest looking into the adjudicator's power to award you costs. It's quite a high bar, and you'd only get a few pounds, but the experts here can probably tell you how to go about asking the adjudicator nicely and what to ask for.

45
The council should have uploaded an evidence pack at least 7 days before the hearing, and you should have access to it.

Did they?

Do yo? If so we need to be aware of anything in the evidence pack that justifies their position.

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