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Moon phases


remedy for P.C.N/COUNCIL TAX

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Post by Ausk on Wed Nov 14, 2018 7:41 am

"They have also got the surname wrong."

A technicality but an important one.

When the other party files their case brief with the court it consists of all the documents and exhibits they are relying on for their authority to take legal action against you and to prove their case.

If your name is John Smith and they write John Smyth, that is not you, that is someone else. You ask for the case to be dismissed because you are not the person they are taking legal action against.

"Your Honour; my name is Smith not Smyth, the prosecution has summoned a different person, not me, I am here by mistake, I move this case to be struck out."

If they request an adjournment so they can fix their blunder then you say something like this or whichever part of it you choose to use.

"The other party filed their case brief with the court. If they have made a mistake that's too bad for them, the court owes them no leniency. Where in the xyz court Act does it say the court can be lenient on the prosecution?

They had their chance to get their details right. In the interest of procedural fairness you must dismiss this case because I am not that person.

(Their mistake is a fatal mistake in courts. The court is demonstrating bias by giving them special treatment if they get their adjournment.)

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Post by itheman on Sun Dec 02, 2018 1:06 pm

Hi all,
i sent this with the above photo and cheque for £1

Head of Legal Services
Parking Services
PO Box 2994
Stoke on Trent
ST4 9FG

19th November 2018

Reference: Your NOTICE TO PAY FIXED PENALTY CHARGE XXXXXXX dated 07/10/2018.

Where the car was parked there are no yellow lines and there are no restriction signs on any lamp post.
The only sign is on the entrance to the area, which is not easy to notice when people are waking all over the roads on the approach to and within that area.


As you can see there are many vehicles parked in this area. This is how I am used to seeing it.

Lichfield city centre short stay car parks
Mondays - Saturdays*
Up to 1 hour 
 £1
 Up to 2 hours
 £2
 Up to 3 hours
 £3
 Up to 4 hours
 £4
 All day
 £8
Sunday all day
£1
Lichfield city centre long stay car parks
Mondays - Saturdays*
 Up to 4 hours
 £2.10
 Up to 6 hours
 £3.20
 All day
 £4.30
Sunday all day
£1

Please find enclosed a cheque for £1 this covers the cost of parking charges in the City on a Sunday.
https://www.lichfielddc.gov.uk/Residents/Transport-and-streets/Car-parking/Car-park-charges.aspx

xxxx xxxxx


Have now received this (and the cheque returned)
remedy for P.C.N/COUNCIL TAX - Page 2 20181210


Any advice on how best to respond? They have not given me much time!
cheers

itheman
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Post by itheman on Sun Dec 02, 2018 1:14 pm

these are the signs to the street, contradicting each other?

remedy for P.C.N/COUNCIL TAX - Page 2 Screen10

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Post by daveiron on Sun Dec 02, 2018 3:18 pm

Of course its up to you who you play this. Should you pay up ,personally i would be asking some question after.
In the mean time the letter states 'I have made the decision' its got a squiggle but no name ,so who is making the claim and the decision ? Clearly another bureaucrat hiding behind the corporation and not taking responsibility .

Other questions I would be asking would include,based upon the signage ;

Is this a public road, owned by and maintained for the use of the public ? If yes.
Who has made the decision that it is limited for use by 'permit holders and taxis ,taxis being owned and used
exclusively for commercial gain? to the exclusion of the public who own said road.
Why is there no name on your letter of the man / woman who takes liability for its contents.?

Word it as an offer of conditional acceptance.

just a few thoughts

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Post by daveiron on Sun Dec 02, 2018 3:30 pm

Another quick thought,

Ask them where they get their definition of 'parking' from. I have looked in the past through many legal dictionaries
and other than relating to a practice in banking,I can find no definition relating in any way to vehicles.
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Post by itheman on Tue Dec 04, 2018 4:19 pm

Nice one daveiron & cheers Ausk (if needed thats magic Smile )

Have drafted this:

Head of Legal Services
Parking Services
PO Box 2994
Stoke on Trent
ST4 9FG

5th December 2018

Reference: Your NOTICE TO PAY FIXED PENALTY CHARGE FAHG344RW dated 07/10/2018.

Thank you for your letter dated 28/11/18 (received 30/11/18).

I request to know who has made this decision: a man, woman or corporation? Who is the man or woman who takes liability for its contents?

After revisiting the street and looking on Google Earth (img.1(..this is the above image)) I see two signs...clearly the one I would have noticed as I entered being on the right hand side of the vehicle and paying close attention to the pedestrians is the 20mph zone sign. Coupled with no yellow lines there was nothing in my mind to indicate I could not leave the vehicle where I did.

Img.1

Is this a public road? Owned and maintained by tax payers money for the use of the public?
If so who has made the decision that it is limited for use by 'permit holders and taxis’ taxis being owned and used exclusively for commercial gain?...to the exclusion of the public who own said road.

Please enlighten me with the legislation that states/explains: parking vehicles and penalties.

As a gesture of good will and to resolve this matter swiftly and efficiently please find enclosed a cheque for £1 this covers the cost of parking charges in the City on a Sunday.
https://www.lichfielddc.gov.uk/Residents/Transport-and-streets/Car-parking/Car-park-charges.aspx

My time is the most valuable commodity and any future correspondence will incur cost at the rate of:
£30 per letter

By: xxxxxx,
Date 5,12,18

“This lawful notice adds to the Record Of The Parties”


What do you reckon?

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Post by daveiron on Tue Dec 04, 2018 4:51 pm

Up to you of course , worth a try & see what BS they come back with. I would bet they do not give a clear explanation
in which place press for one.
I would however ask about the legal definition of the word parking.
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Post by Keithatlm on Tue Dec 04, 2018 6:03 pm

Compliance Officer says it all you will Comply trying to rob us all.

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Post by itheman on Sun Dec 30, 2018 1:20 pm

And they have returned the cheque again and sent this:
remedy for P.C.N/COUNCIL TAX - Page 2 Reply_11
Any suggestions as to how best to reply?
They fail to answer any of the points i asked!

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Post by Ausk on Tue Jan 01, 2019 11:34 am

when we reply to an authority such as a company, govt dept, utility etc, i think a better way to get them to come out of the cupboard is to ask questions that forces them to justify themselves.

Example"
"I request the council to advise what Section of what law they are relying for their authority to take x action against you.

What we are doing is putting pressure on them to reveal from where they got their legal or lawful right to do x or y. The good thing about this is that they have just done your home work for you because they have come up with what section of what law. You can then go and check it out.

Without legal or lawful authority they can do nothing because if they act illegally then you have them for damages because they have caused you harm because they have not acted in accordance with the law.

By asking "what section of what law is the council relying on for their authority to issue this fine or take this decision. ... they find themselves on the backfoot and defending themselves.

Another way we can go is " Can the council please explain to me how I am able to act legally when I am confronted with two contradictory parking signs?

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Post by itheman on Sun Jan 13, 2019 5:20 pm

The Traffic Management Act 2004 https://www.legislation.gov.uk/ukpga/2004/18/contents does not have anything defined for parking as i can see.

And
http://www.legislation.gov.uk/ukpga/2004/18/part/6
...73 Contraventions subject to civil enforcement
(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
(2) These are—
(a) parking contraventions (see Part 1 of the Schedule);
(b) bus lane contraventions (see Part 2 of the Schedule);
(c) London lorry ban contraventions (see Part 3 of the Schedule);
(d) moving traffic contraventions (see Part 4 of the Schedule).
(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.


Can't seem to find (a)parking contraventions (see Part 1 of the Schedule);

i have now received this letter (renamed to me now - they must have done some homework!) Notice to Owner

remedy for P.C.N/COUNCIL TAX - Page 2 Notice12
remedy for P.C.N/COUNCIL TAX - Page 2 Notice11

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Post by daveiron on Sun Jan 13, 2019 6:28 pm

Hi, Just a thought & have a look yourself but as i posted earlier in the thread.
What is their definition of 'parking' and where did they get this from ? other than a banking practice
I can find no other def of parking in dictionaries ,legal or otherwise.
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Post by itheman on Sat Jan 19, 2019 2:48 pm

Is this suitable / how can it be improved?

Head of Legal Services
Parking Services
PO Box 2994
Stoke on Trent
ST4 9FG

21st January 2019

Reference: Your Notice to Owner dated 07/1/2019.

The Traffic Management Act 2004 has no definition of “parking”.

http://www.legislation.gov.uk/ukpga/2004/18/part/6
...73 Contraventions subject to civil enforcement
(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
(2) These are—
(a) parking contraventions (see Part 1 of the Schedule);
(b) bus lane contraventions (see Part 2 of the Schedule);
(c) London lorry ban contraventions (see Part 3 of the Schedule);
(d) moving traffic contraventions (see Part 4 of the Schedule).
(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

1. Where is: (a) parking contraventions (see Part 1 of the Schedule); ?

2. I request you inform me: a, the definition of parking?
b, what are parking contraventions?

3. Img.1: Can the council please explain to me how I am able to act legally when I am confronted with two contradictory parking signs?

Img.1

My time is the most valuable commodity and any future correspondence will incur cost at the rate of:
£30 per letter
Please find included an invoice for this letter for £30.

By: number six,
Date 5,12,18

“This lawful notice adds to the Record Of The Parties”

itheman
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Post by daveiron on Sat Jan 19, 2019 3:02 pm



2. I request you inform me: a, the definition of parking? Also where you obtained this definition
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Post by itheman on Sat Feb 02, 2019 10:40 am

Nice one deveiron,

this may be of interest to the people of Britain:
https://publications.parliament.uk/pa/ld200304/ldbills/067/04067.67-73.html#n002s

i am sending this - will keep you people posted:
Head of Legal Services
Parking Services
PO Box 2994
Stoke on Trent
ST4 9FG

1st February 2019

Reference: Your Notice to Owner dated 07/1/2019.

The Traffic Management Act 2004 has no definition of “parking”.

http://www.legislation.gov.uk/ukpga/2004/18/part/6
...73 Contraventions subject to civil enforcement
(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
(2) These are—
(a) parking contraventions (see Part 1 of the Schedule);
(b) bus lane contraventions (see Part 2 of the Schedule);
(c) London lorry ban contraventions (see Part 3 of the Schedule);
(d) moving traffic contraventions (see Part 4 of the Schedule).
(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

1. I request you inform me: a, the definition of parking? Also where you obtained this definition?
b, what are parking contraventions?

2. What part of: (a) parking contraventions (see Part 1 of the Schedule); are you basing this alleged contravention?

3. Img.1: Can the council please explain to me how people are able to act legally when confronted with two contradictory parking signs?

Img.1

My time is the most valuable commodity and any future correspondence will incur cost at the rate of:
£30 per letter; £40 per hour for further research.
Please find included an invoice for this letter for £30 and your Notice to Owner.

By: xxxxxx,
Date 1,2,19

“This lawful notice adds to the Record Of The Parties”

itheman
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Post by pitano1 on Sat Feb 02, 2019 11:42 am

Hi.
I.T.M
I REQUIREyou to.
require verb (ORDER)


to order or demand something, or to order someone to do something, esp. because of a rule or law:
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Post by itheman on Sat Feb 23, 2019 12:05 pm

Hi all,
Persistence but still not answering, have now a Notice of Rejection

remedy for P.C.N/COUNCIL TAX - Page 2 Reply_12
remedy for P.C.N/COUNCIL TAX - Page 2 Reply_13

This is what i sent - along with an invoice

The Traffic Management Act 2004 has no definition of “parking”.

http://www.legislation.gov.uk/ukpga/2004/18/part/6
...73 Contraventions subject to civil enforcement
(1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.
(2) These are—
(a) parking contraventions (see Part 1 of the Schedule);
(b) bus lane contraventions (see Part 2 of the Schedule);
(c) London lorry ban contraventions (see Part 3 of the Schedule);
(d) moving traffic contraventions (see Part 4 of the Schedule).
(3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.
(4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

1. I require you inform me: a, the definition of parking? Also where you obtained this definition?
b, what are parking contraventions?

2. What part of: (a) parking contraventions (see Part 1 of the Schedule); are you basing this alleged contravention?

3. Img.1: Can the council please explain to me how people are able to act legally when confronted with two contradictory parking signs?

Img.1

My time is the most valuable commodity and any future correspondence will incur cost at the rate of:
£30 per letter; £40 per hour for further research.
Please find included an invoice for this letter for £30 and your Notice to Owner.

By: xxxxx,
Date 1,2,19

“This lawful notice adds to the Record Of The Parties”

itheman
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Post by itheman on Sat Feb 23, 2019 12:26 pm

The PNC states; the traffic management act 2004 s.78 civil enforcement of PARKING contraventions.

On a Sunday at 14:32 the following contravention occurred - Parked in a restricted street during prescribed hours.
Contravention code 01

How can the definition of "parking" be irrelevant to this notice!

How best to tackle it now?

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Post by daveiron on Sat Feb 23, 2019 1:18 pm

I would have thought they would have no problem at all of giving the definitions ,they are after all what
they are accusing you of . How can they make a claim when they cannot tell you what the claim is based upon.

That 2 line sentence is very telling. Its telling you they cannot define it.
As pitano says now use the word require.
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Post by itheman on Sat Feb 23, 2019 1:57 pm

All a farce but nicely wrapped in legal red tape!

So should i reply something like:

Dear, to whom it may concern (as they have not given a name this time)

Thank you for your letter dated 11th Feb 2019

The received PNC states; the traffic management act 2004 s.78 civil enforcement of PARKING contraventions.

Purported Claim:
On a Sunday xxxx at 14:32 the following contravention occurred - Parked in a restricted street during prescribed hours.
Contravention code 01

In order to lawfully settle this matter I require:

1. You tell me exactly how can the definition of "parking" be irrelevant to this notice!

It is noted that despite my requirement for you to substantiate this purported claim, you have failed to inform me:
2. a, the definition of parking? Also where you obtained this definition?
b, what are parking contraventions?

3. What part of: (a) parking contraventions (see Part 1 of the Schedule); are you basing this alleged contravention?

It is also noted that my previous invoice dated 7,2,19 is overdue by xx days

Please find enclosed Invoice# xxxxx

By: xxxx,
Date xxxx,19

“This lawful notice adds to the Record Of The Parties”

itheman
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Post by daveiron on Sat Feb 23, 2019 2:09 pm

You could add,along the lines of. Despite extensive searches of legal dictionaries I have been unable to
define the word parking other than regarding a banking practice .As this appears to be the only definition
of the word ,are you accusing me of performing a banking practice at this location?
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Post by itheman on Sat Feb 23, 2019 3:00 pm

cheers daveiron,

i can't find any legal definition (where is the banking one?)

Found this:
parking noun
park·​ing
Legal Definition of parking
: the illegal practice of selling securities subject to an agreement that they will be repurchased later by the seller at a similar price

https://www.merriam-webster.com/legal/parking

This is...something:
You asked for the following information: What is Kirklees council's
definition of the term "parking a vehicle"?

The Council’s response to your specific question is that the Council
doesn’t have a definition of the term “parking a vehicle” as it operates
under the legislation which covers all possible definitions – see link:
[1]http://www.legislation.gov.uk/ukpga/2004...

https://www.whatdotheyknow.com/request/legal_definition_of_parking

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Post by daveiron on Sat Feb 23, 2019 3:25 pm

Yes the M-W is the only definition I could find in MANY legal dictionaries. Absolutely nothing relating
to vehicles ,'why not' .
I know its only a parking ticket ,so not really much to lose in having a go. But imagine the implications if
we were proved correct.

I know its easy for me just pointing out this stuff ,but its your decision to make. I can only offer what I
would do if it were me.
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Post by itheman on Sat Feb 23, 2019 4:58 pm

In Schedule 7 "parked" is not even mentioned.
https://www.legislation.gov.uk/ukpga/2004/18/schedule/7

The other interesting word used here (the road signs) is "loading"

noun
noun: loading

1.
the application of a mechanical load or force to something.
"the branches of a tree diminish in cross section according to their loading"
the amount of electric current or power delivered to a device.
the maximum electric current or power taken by an appliance.
the provision of extra electrical inductance to improve the properties of a transmission wire or aerial.
2.
an increase in an insurance premium due to a factor increasing the risk involved.
Australian
an increment added to a basic wage for special skills or qualifications.

adjective
suffix: -loading; adjective: loading

1.
(of a gun, machine, or lorry) loaded in a specified way.
"a front-loading dishwasher"


https://www.merriam-webster.com/dictionary/load

Load: to be adding to something, so if you're adding weight to a vehicle by picking up someone then this is loading...?

itheman
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remedy for P.C.N/COUNCIL TAX - Page 2 Empty Re: remedy for P.C.N/COUNCIL TAX

Post by itheman on Tue Feb 26, 2019 6:21 pm

RFI
question::
Dear Staffordshire County Council,

What is Staffordshire County Council's definition of the term "parked"?

reply:
Thank you for your request for information.

Information not held - I am advised by the relevant service that Staffordshire County Council does not maintain its own definition of the term "parked".

If you have any comments relating to how your request for recorded information has been handled by our authority you should contact us in the first instance. Send your comment or complaint to:

Access Manager, Information Governance Unit, Staffordshire County Council, 1 Staffordshire Place, Stafford ST16 2DH or email [https://www.whatdotheyknow.com/help/officers#mobiles]

If you then have any further comments relating to how your request has been handled by our authority, please contact the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Regards

David Portch

Information Governance Unit
Staffordshire County Council
1 Staffordshire Place
Stafford
ST16 2DH

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