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PostPosted: Mon Feb 15, 2010 11:27 pm 
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captain cab wrote:
Firstly people dont seem to get much in the way of costs back at magistrates.

Really? :?

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PostPosted: Mon Feb 15, 2010 11:29 pm 
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captain cab wrote:
I cant see any decent magistrate allowing a 1 week ban or more for a mere parking offence, which was never proven.......

I know about 240 of them, and I can't see any of them disagreeing with the Captain's view above.

But it is worth the hassle? :sad: :sad: :sad:

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PostPosted: Mon Feb 15, 2010 11:29 pm 
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Zia wrote:
The charges were against the authority.


They could be illegal if you're correct......there appears to be caselaw that gives a local authority a water tight case to counter charges;

Bradford vs. Booth from memory.

Are you sure it isnt an urban myth?

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PostPosted: Mon Feb 15, 2010 11:33 pm 
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Mind you Zia......I hope your right :wink:

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PostPosted: Mon Feb 15, 2010 11:47 pm 
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No urban myth, the man who made the claims is a good friend of mine and has been in the trade for over 36 years.


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PostPosted: Mon Feb 15, 2010 11:55 pm 
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I know about the section of the act......but never heard of it being used.....normally costs are decided on the day of the hearing....are you saying its a separate event in the case of the drivers in your area?

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PostPosted: Tue Feb 16, 2010 12:44 am 
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No, the act was used to justify the claim, but the costs were requested at the end of the court proceedings before the bench moved on to the next case. A similar situation occurs in criminal cases when the prosecution request costs; if they forget to ask, then unless some helpful soul reminds them, no costs will be awarded. Compensation claims need to be submitted at the earliest opportunity as well for the same reason, so if the case is dealt with at the first hearing, then the details are available for consideration. It is annoying how on some occasions drivers do not provide details of the loss they have incurred so even if the runner / assailant is found guilty, he / she cannot be ordered to pay anything to the driver.


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PostPosted: Tue Feb 16, 2010 4:59 am 
Doesn't the warden have to monitor the car for 5 minutes before issuing a ticket??

We've got our lot on this at the moment, if your car does one full wheel rotation every 4mins 59 secs they can't issue you with a ticket. Since we hit our lot with this they've not bothered us about over ranking.


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PostPosted: Tue Feb 16, 2010 9:20 am 
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Nigel wrote:
Doesn't the warden have to monitor the car for 5 minutes before issuing a ticket??

In most areas, but the photo is evidence if it's presented by the warden at the hearing.

If he doesn't appear, then IMO they shouldn't use it as evidence.

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PostPosted: Tue Feb 16, 2010 9:29 am 
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LA's have the "any other reasonable cause" get out dont they?

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PostPosted: Tue Feb 16, 2010 7:36 pm 
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captain cab wrote:
LA's have the "any other reasonable cause" get out dont they?

Yes they do, all they need now then is to be reasonable.

I would also advice Mr Jon to ask for a copy of the council's enforcement policy, and I b et a pound to a penny they say they will offer advice first, then a warning second before any action take place.

And I would ask them for proof that the first general letter was sent to Mr Jon. If they can't provide that then they have no proof that their enforcement code has been followed.

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PostPosted: Tue Feb 16, 2010 7:45 pm 
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Sussex wrote:
captain cab wrote:
LA's have the "any other reasonable cause" get out dont they?

Yes they do, all they need now then is to be reasonable.

I would also advice Mr Jon to ask for a copy of the council's enforcement policy, and I b et a pound to a penny they say they will offer advice first, then a warning second before any action take place.

And I would ask them for proof that the first general letter was sent to Mr Jon. If they can't provide that then they have no proof that their enforcement code has been followed.


I will put a wager on the LA advising drivers generally prior to the action being taken.

CC

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PostPosted: Tue Feb 16, 2010 11:51 pm 
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i would also like to say that the L/A also sent out 3 letters over the past year to all H/C drivers about parking on bus bays and and queing , in contravention of Road traffic orders Section 61 local goverment (miscellaneous provisions) act 1972. The traffic warden just walked up and took a photo of my car from around 30 feet away . I was moveing my car very slowly when he took the photo , i then moved onto the rank.

I have never been in trouble with the L/A over my job, its a case of a few being made as scapegoats to frighten all the other drivers into obedience.


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PostPosted: Wed Feb 17, 2010 12:32 am 
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jon wrote:
i would also like to say that the L/A also sent out 3 letters over the past year to all H/C drivers about parking on bus bays and and queing , in contravention of Road traffic orders Section 61 local goverment (miscellaneous provisions) act 1972. The traffic warden just walked up and took a photo of my car from around 30 feet away . I was moveing my car very slowly when he took the photo , i then moved onto the rank.

I have never been in trouble with the L/A over my job, its a case of a few being made as scapegoats to frighten all the other drivers into obedience.


It seems to me you have a choice , as you have already suggested, your pretty much a scapegoat anyway;

Solicitors cost money; win or lose (apart from in Zia's manor ) , also resign yourself to losing, if what you say is right you may have to appeal to magistrates and this is where a solicitor would be better suited.

You could ask that you want the press present, I'm not sure if this will be allowed, but it seems to me, if they're going to discuss matters pertaining to your interests, the choice is yours?

Go to the meeting and basically ask how many councillors drive, then ask how many have parked on double yellow lines waiting to get into a parking bay......this may create empathy or understanding.

Ask if they think a punishment costing literally hundreds of pounds is worthy of such a trivial matter as a parking offence.

Get ready for magistrates.

Incidentally, I wonder how many pictures the local trade cab take of your councils own vehicles parked illegally around your area.......I bet its a few :wink:

CC

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PostPosted: Wed Feb 17, 2010 9:12 am 
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jon wrote:
i would also like to say that the L/A also sent out 3 letters over the past year to all H/C drivers about parking on bus bays and and queing ,

But they are not dealing with all H/C drivers, they are dealing with you, and a few more.

Ask for proof that those letters were served properly on you.

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