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Messages - slapdash

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46
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/portsmouth-caz-entry-pcn-for-non-payment-in-time/

May be worth reviewing.

You can easily post their rejection in Google drive or similar.

If the discount is not reoffered then it is another brainer to take them to tribunal.

Otherwise it's decision time on pay lower or risk full.

If you do want tribunal then craft some representations based upon how the charging order is constructed and how the regulations are constructed and that the addition of the charge means penalty exceeds. They have yet to let a case get to tribunal the issue that is known about.

Detail the Moran case too. You are trying to lead the adjudicator step by step.

Put your reps up as a draft for comment.

@cp8759  may be interested in getting this issue before tribunal.



47
A&S used to issue what is referred to as a SuperNIP - a combined NIP/s. 172 requirement/COFP (and possibly offer of SAC). Presumably when you say that you have accepted the NIP online, you mean that you have accepted either a COFP or SAC online?

They still were around this time last year.

You could confirm self as driver and pick an option. That needed an envolope.

You could nominate somebody else on line.

There was a link provided to book a SAC, obviously in addition to posting the response.

48
There probably is a higher resolution photo of the offence. The camera record will be.

It is entirely up to them what - if anything - they publish.

I imagine it would be hard to convince a bench the second image is not the same vehicle.

You should get a course offer if not done on in 3 years or 3 PTS and £100 fixed penalty offer. (These options would normally be on the NIP for Avon and Somerset).

You can of course refuse those and elect for court where it will be more expensive (if pleading or found guilty). 



49
Impact on your daughter is important, possibly also impact on grandparents. That can carry more impact.

50
V3 NOx 0.142 = Not compliant. The limit is 0.08g/km.

Odd that the MoT checker said it was petrol though.

51
With regards to subject access request my data should be on there as a named driver so on whst basis could they refuse?

Make it clear that you regard it as your personal data, and in the event of a refusal because they disagree make it clear that you will go to the ICO - and do it.

In my limited experience one well known purveyor of multi car policies seemed to take the view that by releasing data about me to me they would be violating the policyholders data rights. (An initial response was, in effect: "not your data. Won't tell you anything").

52
I don't if doing a subject access request would help

You may have some difficulty with that. Be as clear as you can in what you are asking for. They may refuse on the (questionable) grounds it is not your personal data.

53
For later, should it get as far as payment.

- If the company has bought some bizarre form of premium parking that (unlike a penalty charge) is a taxable expense.

- If the company is VAT registered the above would be a taxable supply. There are certain obligations then on the supply to provide an appropriate VAT invoice.

54
That's a 2013 petrol Hyundai I30 according to the MOT checker.

If so it must be Euro 4 (since 2005) which is what it needs for compliance.

I reckon that's compliant if the vehicle type is as per DVLA.

56
9(4) Seem to rule out the acquisition of the licence outside the +/- 6 day period which appears to cause a further problem.

How can they charge for a licence they cannot sell.

That must impact on whether they can recover it in any way at all

57
You can find the Moran decision here

https://www.ftla.uk/the-flame-pit/dart-charge-pcn-flaws/msg27921/#msg27921

It is, so far, untested against a CAZ case. Bristol have shown substantial reluctance in letting a case get to tribunal where this argument has been raised.

Will it work for CAZ? It ought to, it's the same legislation. But there are other considerations.

- In Moran an underlying charge had been paid. An adjudicator may consider that in some way.

- The authority have, in effect, agreed to drop the penalty in exchange for the CAZ fee. Might this hold some sway with an adjudicator.

- If you win, are the authority still entitled to attempt to enforce the CAZ payment being due (I guess they'd have to ask you nicely and eventually sue you if they felt they really wanted to collect). I don't see any regulation which would discharge the letter ability. Though it might.

An adjudicator is not bound by another adjudicators decisions. Even one made by the Chief Adjudicator.

It is a strange state of affairs that the charging order for a CAZ can legitimately demand the toll, however the underlying regulations give no means of enforcement.

Not all charging schemes do allow the fee and a penalty (Birmingham don't, TFL don't for example). I think it may be the case that these were better advised.

(This also leads to another oddity. If the scheme does not apply the charge in addition and exceeds the penalty charge then why pay at all. Just settle discounted penalties).

I would like to see a CAZ case on this point, but you do need to consider what may be gained either way.

58
My understanding was that they are simply going to be mending cosmetically, as the water (leak source now fixed) has left some visible marks/scuffs on the ceiling.

I was referring to how the cosmetic needs to be fixed.

Water stains can be difficult to deal with. Sure slap a coat of emulsion on it and it will be fine for a while. Probably 6-12 months.

Doing it properly would generally require an appropriate sealant first, other remedial work may also be required.

59
The Flame Pit / Re: Have I been caught?
« on: July 29, 2024, 10:14:36 am »
Perhaps contacting the local ticket office and enquiring if a NIPhas been issued might be prudent. Otherwise when does one stop waiting for it to come.

60
To be honest £384 to properly repaint a light water damaged ceiling doesn't seem particularly unreasonable. Blocking water damage from coming through again requires a barrier coat and the entire ceiling will need doing. An issue is the time taken between coats extending the length of time. It will very likely be a full day, and comparatively expensive materials.

Of course you can just cover it but blending and matching will be difficult and it will only really be a stop gap.

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