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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.)

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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

daveiron
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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

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

And they have returned the cheque again and sent this:

Any suggestions as to how best to reply?
They fail to answer any of the points i asked!

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

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

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




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

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

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

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

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

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

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