HOW TO DEFEAT a Penalty Charge Notice!
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Hello @blackBeltBarrister, just wondering if you are aware of the mass speeding fines being handed out on the A20 in South London. The area has recently dropped from a 70mph to 40mph with unclear markings, including a 50 mph sigh until recently?
currently not working ?
I hope this meets you well
The Council should be forced to cancel and reimburse anyone else falling foul to this. Otherwise, the con just continues.
there should be compensation for false claims made against people
They won't ever do that, and nobody will ever be able to give me a good reason why.
What surprised me was the gaslighting by the council in the rejection. Carefully worded to get the person to second guess. Notice the offer half earlier to pay was extended further.
@@gregprocter765 yes, but the where if get into winning place, the just drop it, send letter that they will not be taking any thirder on this occasion? and they just walk away, move on to there next victim? which there are plenty pick from?
It's not really a con, though.
North Essex Parking is the one I use for permits. Guess what, I got charged for no permit even though I did have one! The hoops I had to go for to get it overturned were frankly terrible!!
Look at my comment.l.these are scum people …they work in cahoots with council..glad u challenged ..me too..
They count on your simply paying the charge just to save yourself time fighting it.
Just leave it and let it go to court, then prove that you have the permit?
Write one letter, charge them for your time, say £100.
See you in court!
Our fishing association has given up a nice fishery now in Oxford because in 2022 the Oxford C.C. introduced residents parking only. If we went there we could only park in side streets out of the way, but now that has stopped it is no longer viable to pay for fishing rights. Pity, because it will be left to all the poachers who steal fish and litter the place up and our 'bailiffs' won't be there to monitor and clear it up.
The reason they introduced residents only is because the residents will have petitioned for it because they couldn’t park their cars.
@@paulmcgreevy3011 This happened in a shopping village near me but I pay road tax and am forced to park miles away because I dont pay anything with a mobile phone. These were large public roads for anyone to use who pay road tax, now they are turned into private roads for resident use only.
@@paulmcgreevy3011 Really. Happened in my street annoying every resident I have spoken to. No one has mentioned petitioning for it .
Someone complimented me on my parking today.
They left a note on my windscreen that said "PARKING FINE". 😁
So not EXCELLENT then 😆
If they declined the appeal and I had to go to court, I'd want them to pay the costs of me taking time off work (at overtime rate) and any time spent preparing
They wont, so good luck with that
No you wont get costs from the appeals Tribunal.
If you have to go to actual court for it… I’m not talking about appeals or tribunals , but actual court
It never gets to court, the tribunal has jurisdiction@@TheJase8566
Could try a small claims court, can be done online but don’t know how successful it would be.
Typical councils who don't do their jobs properly in order to trip up innocent motorists. I wonder how many other drivers have fall foul of the council's uselessness on that road but didn't challenge the fine because they thought the council were right.
that and a slyly implied 'half off deal'.. is going to sound way better than to pursue the matter further, at risk of a much larger $$ headache. No one wants that noise even if they're right. Maybe that's what the councils hoped for too before now ;)
ALWAYS challenge them, every time. Its a numbers game.
You don't work for the council if you're the brightest and the best do you.
OR ........... Maybe they KNEW the Council are WRONG
But knew too tha tthe time cost of fighting them was greater than the unfair penalty?
*AND that their time would not be reimbursed - THERE is where the system utterly fails*
These signs are deliberately put up to trap innocent driver's, it's called revenue raising a corrupt practise.
Whilst the person giving the parking ticket, the council people and the respondants are being paid to try to uphold the parking ticket, when does the defendant get paid for his time and expenses for not commiting the offense?
I was a chair of a residents Assciaotion and we constantly received complaints from residents that Tradesmen and, in particular, District Nurses and Carers would not go to appointments where there were cameras or wardens; they would get a ticket that they had to pay out of their own pocket.
we met with the Council and the Estatare managers and got an assurance from them that if tickets were issued against a vehicle clearly marked or the drivers appealed because they were on official business, they would have the tickets refunded and cancelled
that is how a grown-up conversation should be carried out. Unfortunately, with staff changes and time, this promise has been forgotten or fallen into disuse
the problem is the drivers dont get the information passed to them from their own managers
so we are in a situation where residents are not getting their treatment because of bureaucracy and suffering prevails
I used to live in a London borough within a controlled parking zone. The council issued a block of visitors' passes that residents could give to visitors.
@@eattherich9215 it was a good idea until people started abusing them; they sold them to commuters for weekday parking,
Yes but often have to attend neighbourhood parking office to get the permits then the carers have to spend time going back and forth with permits its not good when they only have a short visit
Couldn't the court have also instructed the council, to quash and refund all other fines, that have previously been paid. As they may have been, paid by other drivers who didn't have the wherewithal to challenge their parking charges. As this driver did????
No why would they? They are all in cahoots together, and all part of the same club! Fact!
I did the same for a flatmate years ago, but that was basically a technicality.
The enforcement officer wrote "parked with a permit bay" on the ticket, which the vehicle wasn't.
He was infact still guilty of a traffic offence, but it was that he'd parked within the minimum safe distance of a junction.
So I went to court as a witness for my friend, and the rather annoyed judge had to agree with my argument that he was innocent of the offence detailed on the ticket, and so the case was throw out.
(top tip for traffic wardens... make sure you put the right offence on the ticket!)
I am happy Mr Black won his case. This video does show that law is often a game of chess as to who wins. Great video.
The defendant was very observant when he detailed what he has seen, in regard to the placement of the two signs. I too would have assumed that the parking restrictions would apply only to the one side of the road.
'I too would have assumed that the parking restrictions would apply only to the one side of the road.' @3:05, the sign says 'Permit holders parking only ...' There would be no presumption in my mind that I can park on the other side and aside from that, I don't hold a permit. This case amply demonstrates that the law is an ass, but that some people need to be saved from their own stupidity.
if the signs are all on the same side of the road it would be reasonable to asume that the parking is only restricted on that side of the road
You can see why they reduce the fine if it's payed promptly. They want to avoid an appeal if possible and most people will just pay up. If you decide to appeal, the form they send you needs to be countersigned by a court official, for which, in my experience, they charge a fee for, making the whole appeal process not worth the hassle.
All of this having courts on side needs to stop.
Councils are desperate for money but they have other options.
I had a fine like that once for having a tire on the white line.
Some get caught for parking on a white line while many people walk around who are sniffing white lines.
A problem that is now massively prevalent.
If the council does not turn up to fight their ticket, the parking fine should be cancelled immediately with costs paid to the driver of the vehicle.
I feel gutted I didn't appeal a Brighton parking, loading bay lines on road were broken and in readable the sign was around twelve feet high so not noticeable plus other vehicles parked you just couldn't tell. Ended up with ticket like Dan says half price if you pay within was easier than the Hassel. Next time I will
Signs should be on the left on a two way street. Ignoring where your attention is, it's quite possible for a sign to be hidden behind tall vehicles coming towards you.
It would be interesting to know if the council has now changed the signs.
Also, why do councils make up new signs like "bus gates" when a no powered vehicle sign would be adequate with an exception for buses under.
Thanks for such a Great practical example of what to look out for in this situation!
Several times I have been pulled over and asked "why have I pulled you over?"
I had a good idea.... I.e not wearing a seatbelt.
So that's what I said... Swiftly followed by I'm sorry officer..
I have just reversed away from my friends house and provided a very nearby address..and I obviously neglected to then attach seatbelt
Officers responded with.. oh ok be on your way.
All that said it was nearly 30 years ago and police could and did act reasonably when you said sorry for doing what they obviously pulled you for.
They’re not like that now unfortunately 🙄
As a pro-Photoshop user, I would have Photoshopped double yellow lines on three example images of the entrance to that road. One on the right. One on the left. and one on both sides of the road. Then asked the "authority" to explain which side was OK to park on. Then ask them to then explain their argument based on the signs they are using...
I heard someone opened a new separate free email address whenever they sign up to a company and then they know exactly what company sold on data.
I have almost the same problem with a "suspended" parking bay I, along with many, many other drivers are not clear on what "suspended" means, my take on it was that the BAY is suspended but not the road, so I, along with almost the whole road parked on the road , on a Sunday. There was another sign saying parking from Monday to Saturday, so there were two conflicting signs.
It's very common for councils to not send representatives. With regards bays always check they meet the standard in the road traffic act, if it doesn't then the pcn isn't enforceable.
Ignore Road Traffic Act, you want the Traffic Signs Regulations and General Directions (TSRGD), but the main document is badly laid out, look up the Traffic Signs Manual instead, they are much easier to follow.
Yes always measure the exact size width and length of a bay, often they are too small. They rarely attend any appeal so if you appeal you win by default. Its numbers.
always check against the SI drawings and dimensions for errors, they are legion@@gordon861
Also worn paint resulting in a line marking that has a break in it doesn't meet the regs and you can argue that on inspection you saw the markings were not enforceable so assumed that the restriction was no longer inplace as the council were not maintaining it. Do take photos to support this, potentially with the the evidence gathering software that BlackBeltBarister has produced. I want to say it's called proofify.
@@hubster6381Worn paint does not mean the markings do not comply, and saying that you saw the otherwise correct markings and relying on a worn line will mean the ticket will be upheld.
I remember winning a speeding fine case due to incorrect wording in the summons/police report. The Dutch judge dismissed the case, but stated 'that all previous cases and running cases were to be reimbursed / dismissed'.
Congratulations, thank you for that information. Stay safe. ATB.
Outstanding!
A cracking job by all involved in the resolution of this case
An awesome win for the layman (no harm intended Mr Black) and also your channel BBB
Demonstrates clearly; the advice shared here is of superior quality.
If a member of the public can absorb your content and use it to their advantage.. then i believe you are winning the battle BBB
I've found that when i'm listening to your streams.. your 'spoken word mission statement' converts (in my head at least) into something sounding similar to:
to provide content in a format / language that can be easily digested and can then be converted into, information that your viewers can learn about and gain benefits from.
That's a win for BBB's channel and the community that follows and supports
Thanks for putting your skill set out into the community at large BBB
Thanks also to 'Mr Black' in backing yourself and allowing BBB to share in your paperwork and your WIN
Fantastic outcomes indeed
This shows that when lodging an appeal it is necessary to gather together every piece of information you can find that supports your case and they you should not make assumptions that the person reading your letter has full knowledge of the particulars affecting the situation,
In section 8 of road markings and signage a zone of restriction Must be marked on both sides of road facing traffic entering said zone…. Road markings must assist signage and versa unless temporary
With a single sign being on the right, the appellant’s view of it would be obscured if a tall vehicle happened to be passing in the opposition direction
You might be behind a bus at the same time which would mean you couldn’t see either sign. Good look proving it.
That's funny I live in Essex, when I took a parking charge to the end of the process, it ended up on a phone call to a judge and Southend council didn't send a rep. This seemed to annoy the judge and the lady said Im letting you off, but don't think it always end up this way if there's a next time.
Living in New Zealand, I am utterly astonished that you in the UK actually need a permit to park in your own street!!! 😲
When you live next to a station, commuters turn up at 7am and when you get home at 5pm you need to wait for them to finish work and get back to pick up their car before you can park at home. So the Council brings in permit parking, normally at the behest of local residents.
You need a licence or permit to wipe your arse here in the uk lol
@@gordon861Where I live, we have _"Residents Only Parking"_ . The parking enforcement officer has a smartphone and an app that scans the license plate and immediately provides the address of the owner. If that car's owner information does not match the street the car is parked in, no ticket is issued yet, but it is flagged for the next time the officer comes by, usually one to two hours later. If the car is scanned again in the same street, only then does a ticket get issued. This allows for delivery, tradesman, home help and visitor vehicles to leave before getting ticketed. Even then, a letter of permission from the resident that the vehicle belonged to a visitor automatically cancels the ticket.
But hey, you still have TV licenses in the UK, so it doesn't surprise me that you're a bit behind the times when it comes to permits, licenses and technology 😁
Welcome to HELL !
It's not the case everywhere, just on those streets where workers or tourists take advantage of free parking, making it difficult or impossible for residents to park near their homes. This is especially true where there are no driveways, such as terraced houses with no or only a very small front "garden".
Details matter. Good work!
Great news thanks BB and the Viewer. One thing I'm a bit confused by, they said that there doesn't have to be signs on both sides of the road, but allowed the appeal because there was no sign on the left-hand side?🤔
I think the point here is that the signage can be on one side of the road only but it should be clearly visible to motorists on the left and opposite side of the road. Anything that is not clearly visible is hardly reasonable to expect the motorist parking on the opposite side to be informed that they were in a CPZ.
@@howardosborne8647 Right, thanks for clarifying.
I had something similar travelling to Liverpool for work.
I hadn't travelled on that motorway for sometime.
I was in the outside lane & the car was set on a speed control.
On the left there was a sliproad running parallel & a large 50mph sign which I assumed was for the sliproad which ran a way next to the motorwsy.
When I went under the gantry with cameras I got flashed & a speeding fine.
I didn't notice a 50mph sign on the right hand side. I tjought speed signs for the road you're travelling on had to be on both sides of the road facing you or on a gantry speed signs for each lane!
The very fact the Tribunal allowed that the signage as viewed by the claimant entering the restricted parking area was NOT in his line of sight, for the manoeuvre he was (legitimately) executing, suggests strongly to me they were 1) depending heavily on the high numeracy of the signs as an justification and 2) that to add a sign, on the LHS would (by my reckoning) have resulted in a sign having to be erected TOO CLOSE TO THE POINT OF ENTRY TO THE RESTRICTED ZONE - from both the clutter and to afford a clear viewing aspect if it needed to show the same restriction applied to both sides of the road for the same specified distance.
I wish this had been up last year. Camden council fined me twice. I entered a road which I had used many, many times over the years , but not for a while. They had a small sign on the right stating times when you could and could not drive down this road. I had not seen it and therefore made the same mistake two weeks later. The very day I entered the road for a second time a penalty charge came through from Camden. I appealed stating that not only had I not seen the sign, but had they sent the first penalty notice earlier I would not have made the same mistake again. Camden replied simply that the penalty charge now two stood as I should read the signage. To add insult to injury I have recently been in the same vicinity, but on my motorbike. I looked for this sign and its turned away from your field of view, so the only way you could read it is if you entered the road. Than you Camden. I shall never shop, eat or do any other business in your borough again.
Then take a picture of the turned sign And appeal
What, you're expected to read a sign 12 foot high whilst driving. I strongly suspect that if you did that there would be cameras hidden somewhere and you would end up with a bigger fine for dangerous driving. The councils know what their doing, tricksters.
A clear win for which ever LLM the person in your video used to produce those letters.
There are areas that parking restrictions only apply to 1 side of the road
In London it’s extortion £65 to pay straight away or double if you do not. What are you going to do?
I have appealed a PCN on 4 points of law. The council (a London council ) refused my representations and I decided to stand up for myself and go to a tribunal. I won at Tribunal in less than 10 minutes on all for counts 4 counts that I stated the pnc was not enforceable.
Always ask for the notes. The officer had made incorrect notes and had not seen I had a blue badge displayed, when he first gave the ticket. He only mentioned it on a repeat note at a later time, despite the fact he took photos on my car with it in.
I did not receive the notes until the council had to provide all the paperwork for the tribunal.
It’s very time consuming, I think the system is deeply unfair and works on bullying tactics. I nearly withdrew from my challenge so many times, it is stressful and the council where adamant that it was enforceable. It was not!
Street parking payments and permits should be abolished
Leeds Bradford Airport, you have to stop to read the sign to see which lane and barrier to approach, (6 to 10 metres from barrier) . 6 seconds stop 3:51 and £100 fine for stopping because it's a no stopping zone.
Tradesmen can buy permits and waivers that allow parking on yellow lines. NHS healthcare visitors are issued with permits to do the same. Private healthcare visitors have to park legally and therefore need to make provision in their business dealings to park properly i.e. arrive in good time and find adequate parking which may require walking some distance. Just ignoring parking rules because you’re self important would allow anyone to put a note on their dashboard saying they’re here on business.
My brother has successfully fought a couple of parking charges because the signage etc. did not comply with the original order.
Thing is the council should put a sign on both sides inline with the flow of traffic.
3 minutes in and already that sign looks wrong, if it's a 'past this point' then there shouldn't be any bays. The whole point of 'past this point' is to avoid needing to mark the road.
The width of that road should probably have signs on both sides, also it's a zone so the whole of the public highway is restricted within the zone. We would also normally put other restrictions at the start so that an exact start location cannot be argued over.
You can put signage on only one side of the road isn't very wide, normally under 5m.
As expected, appeal successful due to inadequate signage. I have done a number of these schemes and our general practice is to sign both sides, and try to angle so they can be seen when entering the area. We also normally install repeaters of the signs we would normally include in a bay on every lamp column, the reason being that technically the whole of the road is one large bay.
Agree, the type of sign suggests a parking "zone" type TRO of which will cover the entirety of the area within the HMPE boundary (Carriageway, footway and verge in some instances). Nearly every scheme I have worked on that has a "zone" or "residential area", is started by 2 gateway signs at the entrance to said area, 1 either side of the road. Repeater signs are also a requirement after a set distance from memory of TSM, think its 90m or 120m spacing, can't fully remember without digging through the docs, its too late to go back to work.
Having the signs on either side stops any confusion that the whole road is covered by the restriction, like what has occurred here. Even I thought the restriction is only from the carriageway centre to the right most HMPE boundary. The council/designer was obviously trying to reduce sign clutter but didn't think about visible contrast placement from the drivers point of view, just that the lamp column would save the cost of a post.
In my case I did not have such luck.
I was given a parking ticket for parking on unenforceable double yellow lines, outside an address which DOES NOT EXIST. I appealed it, failed. Went to independent (😂😂😂) adjudicator. At the time an aqusbtance solicitor wrote my defense / reasonings etc.
The indie adj interrupted me n saud it was all irrelevant as I was guilty due to x.
I said no, the ticket said y.
She said no it says x.
I took out the ticket, showed her it said y.
She said its irrelevant you are still guilty.
She they quoted law completely irrelevant to my situation (not being legal etc I could not contradict it)
N dismissed me upholding the fine.
The solicitor who had written the statement was more than shocked that it had failed, I was not able to read out what they had written etc etc.
Over 1 years ago still not impressed.
I had even written to the address n had the letter returned by the post office, stating not exist 😂😂
Wonder now how many other people have just paid up may now challenge this. Now cos of this ruling.
They wont reopen them once youve paid up.
My Daughter has just beaten Coventry council at tribunal last week for almost the same thing. Yah!
I do not need a lawyer to tell me how to beet a parking charge or any other civil penalties,
I fight them with there own law, that being THE ENGLISH BILL OF RIGHTS .1688 89, that says, Any fine or forfeiture befor being found guilty in a magistrates court is elegal and void. You being a barrister should know that this is a constitutional act, and cannot be overruled, this is signed by the king to uphold as with is mother the queen, it doesn't matter what spin and what the road traffic act of 2004 says , its trumpet by this constitution act , that's written in stone. Say what you want , they cannot take you to court, it's already been voided, nothing to answer too. Instead you could charge them for an elegal act against you .
Regards Gary Hall
If a hi-top van or lorry was passing the sign when someone entered they would be unabel to see it as its on the "wrong " side of the road and could be obscured by passing vehicles
I was truly frustrated to get a PCN in a sleepy side street in Grays, Essex. I had missed the signs at the entry to an area with parking restrictions during the day. I went back to find them. They are high in the air at a busy junction - perfectly situated to be difficult to read (unless you want to risk crashing into a car using the junction). - but perfectly legal. Shame upon shame, Thurrock Council...
I know this is a complete different story but I had to pay a penalty charge for ticking the wrong box at the dentist £100 I nearly passed out.😥
Any chance you can explain a cease and desist notice and when it can be used! Thanks. 🙏🙋
Fight every ticket with all you have! I have won every single appeal bar one so far because like this guy I use their own inadequate signage and legal mistakes to my advantage
Contest all tickets making up some crazy mitigation, most of the time they let you off… well it’s worked for me, and even if they don’t cancel the ticket they have always given me another chance to pay the reduced charge
Most tickets now say you do not benefit from the reduced rate if you appeal so you always pay.more unless.you win the appeal
I got a Council PCN in a free car park that requires you have a ticket, I do as luck has it, still have the ticket for said parking.
I appealed, and they've sent some very poor quality picture of my car and claim my ticket wasn't adequately displayed.
Where do I stand on this?
get legal advice. If you have no corresponding photo provably *taken at the time* to counter the allegation that it was not adequately displayed, I guess you are on difficult grounds for a successful appeal.
@@grahamlees4394 who takes photos of car park tickets?
@@johnshaw8013 may be you will in future 🙂🙂
My street is permit holders parking only and the signage is on BOTH sides of the road.
They are not "Civil Enforcement Officers. They are car park attendants. Since the decriminalisation of parking offences and revenue being transferred to councils the roads are now effectively car parks where you pay to park. It has nothing to do with obstruction of traffic flow or danger it is all about revenue
Unfamiliar with Bus Gates, I got a PCN for entering a Bus Lane, (?). went to appeal tribunal and still lost.
It takes time to recover penalty payments as well as helping others from making the same mistake.
However any reduction in third party enforcement income is very satisfying.
In my experience as a CEO there are always 2 signs at the controlled/restricted zone entry. Many people don’t notice either of them and if there are no lines on the road they think they can park there. I don’t feel that these zones are clear enough to be fair to people. The fact that councils sometimes put reminder signs within the zones indicates that they don’t quite think the zones are suitably self explanatory either.
Here in New Zealand traffic signage applies to a specific side of the street, if, as in this case, the parking restriction applied to both sides of the street, the signage would need to be positioned on both sides of the street. Signage must be less than 100 metres apart, and if the restriction is greater than 100 metres a repeater sign is required.
With regard to the council not sending representation, I have worked in two local authorities in a compliance capacity. The first would only proceed with a court hearing if the issuing officer was available to attend court. The officer was encouraged to take the stand, (which carried more weight than evidence given from the gallery). The council I work for currently send unpaid infringements to the court, who then make a ruling and uphold the majority of the cases presented.
This thing (not receiving) letters about going to court, hospital appointment etc, as where I live we get post every other day. What worry me (any other people who have same issue), what should we do if we don't get bills and other letters in time. How do we stand on this. What more worrying is letters get delivered to the wrong address meaning my personal details are delivered to wrong address, because the address is very same only different is postcode and name of the buildings.
It would be interesting to see what BBB thinks of the case of the Met prosecuting a cyclist instead of a motorist for alleged motoring offences while using a head mounted camera to take images of a motorist accessing their mobile phone while in traffic. it might have implications for Cycling Mikey! There is a video online for him to comment on searching for Dave Clifton. There was a previous case dropped back in 2022 for obstruction. ( Nick Freeman, had praised police for "taking action against vigilante cyclists" who film and submit offences by law-breaking drivers at the time) .
Can you do one in this format on bus lane cameras. I got stung driving in Glasgow, not once but twice thanks to my gps, lack of knowledge of the roads there and underwhelming signage. Fought it tooth and nail and still lost.
You know they will just put signs on the left hand sides now for future fines
To clear up the question as to whether or not this sign was intended by the council to be only on one side of the road, no, these signs are always designed to restrict the entire highway and footway between both the points. If there is an intention to restrict only one side of a road, it will require road/bay markings.
Nope
“If you plead innocent and are found guilty,you will serve 10 years.If you plead guilty,you will serve 5 years!” “How about if I plead VERY guilty?”
Or just don't plead at all
There should be a reverse fine applied when they are wrong.
The councils need the revenur to pay the ceo and others £165,000 a year ( and more), plus £25,000 pensions!
They are all morally and literally bankrupt.
The motorist is always an easy target. I.e you must have money to run a car.
I see your “monitor” issue is showing on the white ticker band at the bottom of this video! I noticed it towards the end at 15.40. I guess that would make it defo a GPU issue
No hacking?
I have successfully defeated all parking tickets that ended on my car, and my mum's car.
Bonus fun: one parking attendant asked me for cash on the spot, only received carefully selected insults in return.
Bonus fun 2: one parking attendant tried to instaslap me a parking ticket while I was feeding the coin machine. He received carefully selected insults in return. Then he tried to do exactly the same to another freshly arrived car, and received another load of carefully selected insults in return.
Bonus fun 3: Parking Eye ltd will knowingly send unlawful tickets, then behave like a brick wall when challenged, all the way until the independent review. Then by sheer utter complete coincidence, they mysteriously drop the ticket without any sort of explanation before the independent reviewer rules it unlawful. I reckon the staff from The Independent bureau tips them off before someone sues them in court for £££, especially when you use the words willful and unlawful harassment of a vulnerable member of the public.
In this case, I noticed immediately the sign on the right instead of the left/both sides, and a complete lack of marked bays. I had quite a few cancelled for reasons of improper signage.
Simply ask the council to prove they have authority to issue a fine , before first seeking a court conviction and being successful . It’s impossible !!
The traffic management act has no provisions enacted within it , to authorise the council to circumnavigate primary legislation ..
They should be compensating him for his time. How much of our lives do we have to waste because of the incompetence of Councils?
It would be helpful and consistent with other CPZ schemes if the parking lane were to marked with broken white lines. Very often these schemes assume local knowledge which catches out visiting drivers.
Mr BBB could you please do a video about the "Covert Human Intelligence Sources" or C.H.I.S Act that was passed into law in 2021. Specifically an explanation of the "Criminal Conduct Authorization" aspects.
This is a numbers game they rely on people just paying the lower fee on the letter they issue.
If you're in London, it's worth looking at the "civil enforcement officers' handbook". A guide to what those handing out parking fines are supposed to do. I used it to show the procedures weren't followed on a fine i got. Council wouldn't back down and the case was going to tribunal. 4 days before case was due to be heard they wirhdrew it.
I expect that's a pattern.
Councils do this kind of thing all the time, placing signage such that it is not in line of sight or positioning in such a way that a driver can easily miss signage. There is a road in my area that had signs placed on very high poles very close to turnings so it was easy for a driver to miss the signage when turning into the road. Many people complained and it was eventually determined the signage was inadequate and people got their money back. Councils use restrictions and arbitrary rules as revenue streams these days which is why they do this.
@BlackBeltBarrister, On a separate issue, have you the latest video from DJ audits where he is assaulted? Would be interested to see your take on it.
Off topic, collect pay and display tickets from friends and family until you have got a hundred or so and then scatter them on your dashboard when you want to use a car park for free. 👍
In an ideal, fair world, I would have hoped he would be compensated for the time and trouble he had to go to. Plus, anyone else who had been convicted of parking there but not felt able to challenge it, would, or should, in my view, be refunded. Many people are already too stressed by the other pressures of life or are not able to construct a persuasive letter, so they tend to just pay op and endure even more stress. To be more accurate about the cases I know of - I end up having to pay the doubled fine for them when they just cannot manage financially. Or if they do pay it themselves, then I end up having to buy their weekly shopping, so it amounts to the same thing. Who cares how much "street furniture" there is. It's an obvious excuse to do half a job and then reap the financial rewards.
**B-B-B** Well done to you and the person behind the video. Shows how good you are at teaching. Like many things watch and learn from an experienced person
All of that crap just for a member of the public not to have money extracted from them. It's disgusting. The council should have to cover all costs for proceeding with thei malicious act. I'd be wanting a public apology too. The fact that the council didn't bother to attend the hearing shows the contempt they have for the public and should be grouds for costs to be awarded.
"The fact that the council didn't bother to attend the hearing shows the contempt they have for the public"
the remedy is in the public's gift at the next Council elections.
Also, looks like the road surface may have been replaced without white lining showing parking spots?
It would seem that the judge seing reason helped. Also that the prosecutor was not there to defend the pcn would weight against the pcn. Your help got this case to court and help defend it.
I bet that there is a forest of signs on both sides of that street now.
They should put a sign up outside every property on that road then the residents will complain to have them all removed 😃
Frequently the observation period is too short (10 mins for commercial vehicles, often only observed for 5), Or a loading period of 20 mins even on double yellows is ignored.
Councils provide sub par services yet are expert revenue collectors.
See how much their Chief executives are paid...200k plus of your money.
I mean you have the layman test. If the signs are on the opposite side of the road, then it would be reasonable to infer that the sign refers to the side to which the driver is most likely to view as they are driving. You are in charge of a vehicle, that vehicle is in motion, any signs indicating what you should or should not do should be on the side of the road that is closest to you.
I wonder what would happen if at the time he drove there to park, there was a delivery vehicle that was obstructing the sign. Would it be a defence for him to show dash cam footage of him arriving to park where there is no sign visible on the drive?
If they’re not going to put markings on the road bays to say “Permit holders only” then the law should be to put a sign on both sides of the road. The excuse to “reduce furniture” is probably nonsense and has more to do with not paying for more signs and thus catching more drivers out. Councils are not in the business of giving good information, they are in the business of balancing their books.
What are the implications for North Kent Parking in future? Having been informed of this decision, could they reject other challenges with the same reasoning (without changing the signage) given that they know that the tribunal has rejected that claim. Or could there be consequences if they did so? After all, they would now be knowingly misrepresenting the situation in pursuit of financial gain. Would that not possibly be fraud?
1:34 In regard to being 'forced' to admit liability/guilt, why are speeding notifications issued without the camera evidence they claim to have? On one occasion I spotted a 'safety camera' vehicle on the verge up ahead, checked my speed and was satisfied I wasn't over the limit. 2 weeks later I received a penalty notice, by which time my dashcam footage on that day had been overwritten. I was fairly sure I wasn't speeding (not guilty), but without being able to review any evidence I had to admit guilt (a possibly false admission). Yes, I could have gone to court, but I couldn't afford the financial risk of losing a day off work, paying for legal representation, and possibly receiving an increased fine.
Who thinks the signage was deliberately on the opposite side of the road to which you are travelling to encourage infringements?
Considering councils have on average increased the issuing of parking traffic fines 300% over the last 10 years.
Ive declined an invitation to register on the electoral role because they share data with third parties ( who are unlikely to serve my best interests).
The invitation included a threat of a fine if I didnt respond, my response was to formally decline, I've heard nothing since.
what happened re your claim on the chap that scratched your car please?
Would you please make a video regarding the scam of receiving a copyright strike on music used in a video which is downloaded as copyright free.
So what about all the other people who have tickets and paid them for parking on the same side of the road? how do they stand if the signage is misleading.
Once admitted and paid, forget it.
👍 ... You did what it is.