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Moon phases


remedy for P.C.N/COUNCIL TAX

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Re: remedy for P.C.N/COUNCIL TAX

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.)

Ausk
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Re: remedy for P.C.N/COUNCIL TAX

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)



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

itheman
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Re: remedy for P.C.N/COUNCIL TAX

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

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



itheman
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Re: remedy for P.C.N/COUNCIL TAX

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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Re: remedy for P.C.N/COUNCIL TAX

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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Re: remedy for P.C.N/COUNCIL TAX

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?

itheman
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Re: remedy for P.C.N/COUNCIL TAX

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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Re: remedy for P.C.N/COUNCIL TAX

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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Re: remedy for P.C.N/COUNCIL TAX

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