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Messages - slapdash

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31
Private parking tickets / Re: Bristol Airport IAS Case - VCS
« on: August 17, 2024, 12:49:02 pm »
How has identifying the driver suddenly morphed a criminal offence under those bylaws into a contractual dispute.

How can a driver enter into a contract to commit a criminal act in exchange for payment?

I must be missing something.

32
Private parking tickets / Re: Bristol Airport IAS Case - VCS
« on: August 17, 2024, 12:25:13 pm »
In the bylaws:-

-------
6.2 Parking in time restricted areas
leave or park a vehicle or cause it to wait for a period in excess of the permitted
time in an area where the period of waiting is restricted by notice.
6.3 Parking in prohibited areas
wait leave or park a vehicle where waiting or parking is prohibited by notic
------

Also under penalties:-

-----
3.4 any other byelaws shall not exceed level 3 on the standard scale

in each case as the standard scale has effect from time to time by virtue either

of Section 37 (2) of the Criminal Justice Act 1982 or of an order under section
143 of the Magistrates’ Courts Act 1980.
----

 I think this covers the offence (*bylaws)

It looks like op turned left leaving the drop off car park (that area down there used to be a staff car park). It looks covered by the VCS contract IF op was not beyond the roundabout (their pin is).

But it seems very unlikely it is not covered by the airport bylaws (easy find on line).

Unfortunately I have never been able to find a map of the area covered. It's not in the bylaws or described therein.



33
Private parking tickets / Re: Bristol Airport IAS Case - VCS
« on: August 17, 2024, 08:33:34 am »
Are you prepared to await a court claim where, if you lose, it will be a bit over £200. (There will no CCJ provided it is paid in time after judgement) ?

Arbitration is a mediation as an alternative to a hearing to try and find settlement. You are risking more than £100 by then.

The charge is against the driver, you have owned up to who the driver is so that option is gone unfortunately.

Currently I assume they are asking for £100 and haven't offered the discount again.

Will a judge, with a properly crafted defence, decide that was an adequate reason. There will be many views but is 60 or 100 V 220 or zero (and you need time to attend etc).

There is a possibility that the land is subject to airport bylaws, in which case a properly crafted defence should win because this is not an appropriate remedy.

If you are minded to pursue it then copies of the notices and details of the exact location (slightly awkward with Google maps being out of date with all the building work going on). There is a helpful thread with detail of how to post the pictures and street view link if you need a little help.

34
Does a driver magically contravene the conditions because of the actions of an external actor.

They have temporary lights that keep getting shifted around due to construction works. I often see folk jumping in or out when they are red.

35
Thanks, I will respond to the notice online.

It seems even if there was a compelling reason to appeal (faulty camera for example), the hassle of going to court would rarely be worth it, unless too many points already on licence.

A faulty camera would be an excellent reason to plead NG in court.

The difficulty is demonstrating it it faulty. The defence needs to do that.

36
You can normally make representations online.

However it seems as though the amount has already increased to £105 and the charge certificate is on the way.

It's hard to see any representation succeeding in any event. There were a pair of no vehicles signs completely unobscured you drove straight past.


37
What exactly did you do with the phone and where was it whilst you did this.

38
Non-motoring legal advice / Re: Accident at fault
« on: August 07, 2024, 07:05:05 pm »
An excess would only apply to an own damage type claim on most regular policies (though there are policies which apply excess to any claims - all sections).

It seems odd that your NCD was unaffected - unless it was protected.

Did the insurers tell you what the claim was settled for, your new insurers may want to know.

It is possible the final claim value was zero. This wouldn't generally impact NCD but would impact premium.

39
Speeding and other criminal offences / Re: SORN'd car clamped
« on: August 06, 2024, 06:31:01 pm »
You could perhaps try something like:-

"I write on behalf of the late X. I note an out of court settlement offer has been received.

Clearly X is unable to decide whether to accept or decline this offer. A copy of the death certificate is enclosed".

It might stop the wheels grinding along which could reduce upset for the family.

40
Speeding and other criminal offences / Re: SORN'd car clamped
« on: August 05, 2024, 03:05:33 pm »
Somewhere on the DVLA website it says the vehicle can be signed away in lieu of the impound fees. But that's something the registered keeper has to do. Presumably now they have died somebody needs some form of executors powers. Who might that be ?

Regarding the penalty. It is an offer to settle the matter out of court. (Has a penalty actually been received or was it just clamped).

Not accepting the offer should eventually result in a DVLA prosecution. But of whom? I would imagine that they would choose not to proceed when notified.


41
Have you received the notice to owner yet ?

If not, have you checked the online system of the authority for the status (Ie has the NTO seemingly got lost in delivery).


What were you doing (with your son if he is the badge holder which seems likely) when you got the PCN.

This may help in crafting a robust representation.

Rereading the book that came with the badge will help you understand the rules better for future use.

Are you the registered keeper of the vehicle and is it registered to your correct current address?

Please get the V5c out and look at it.

42
The chance of any enforcement is effectively zero.

If you post up redacted copies of the notices and receipt etc which should all have been in English that may help.

You will need a file sharing site. Something like Google drive and make them public.

43
With the tribunal opt for a personal (phone) hearing. This ensures you can add any needed clarity for the adjudicator.

Keep an eye on the portal once submitted And the date is known so you can change date if needed and also see if the council submits any evidence. If not you win.

If they do you can arm yourself to know how to challenge their case.

44
It is arguably not combined because it is itemised separately.

Part of the charging order for Bristol (easily downloadable) states (I think it's 19 but can recall off the top of my head) that a licence may only be purchased on day of travel +/- 6 days.

That gives them no ability to demand it now.

(It does not sit well with the the other regulation to allow penalty charge and Caz on top).

Incandescent and/or HCAnderson have posted the relevant part of the overarching regulations which determine the argued contents of a PCN. You should be specific and include the specific regulations wording.

One other thing that might help bolster your case is to go through the motions of paying and see if there is any way that it will allow you (keep screenshots) to pay just the £60 discounted penalty. (I can see an argument attempted that they are merely demanding £60 and asking you nicely to pay the £9, screenshots could put paid to that).

Do remember that the discounted penalty will need to be available should you lose.

There may be other CAZ appeals on here you can search for to explore the exact parts of regulations.

So far, Bristol have quietly let these fall away rather than continue, but there is no guarantee.

I couldn't read the NoR properly (my problem) but it doesn't seem to cover the additional Caz charge being added.

In my view that is a "failure to consider" in addition to "penalty exceeds".


45
The Flame Pit / Re: A knock and accused mobile phone usage
« on: August 04, 2024, 11:35:16 am »
I tended to find, years ago, that when I had the phone on the passenger seat it was usually in the footwell by the first roundabout. Similar if it was on lap with Google maps or similar.

Clearly it was very gentle knock if an untethered phone remained in the driver's lap.

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