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Things That Have P#@*ed Me Off Today
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biggus
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PostPosted: Tue Jan 15, 2013 6:02 pm    Post subject: Reply with quote

Loco wrote:
Loco wrote:
Well not today, but yesterday got a PCN thought the post from TFL 'entering and stopping a box junction when prohibited' they sent 2 'stills' says nothing of the fact the exit was clear when I entered it, still putting this little gem together made me smile: Dear Sir/Madam,


In the first instance I am appealing against this penalty charge notice due to defective wording on the PCN,


The PCN is defective and unenforceable

The wording with regards to payment in the PCN is confusing and not compliant with the Transport for London Act 2003. The PCN begins as follows:

A penalty charge of £130.00 is payable before the end of the period of 28 days beginning with the date of this notice. If the penalty charge is paid before the end of the period of 14 days beginning with the date of this notice, the amount of the penalty charge will be reduced by 50%.

This is in accordance with section 4(Cool(iii) and (iv) of the London Local Authorities & Transport for London Act 2003. It then continues to state:

If you fail to pay the penalty charge or make representations before the end of the period of 28 days beginning with the date of service of this notice...

The above statement is not in accordance with section 4(Cool(iii) of the London Local Authorities & Transport for London Act 2003, it contradicts the previous statement and wrongly suggests that the owner has to pay within 28 days from the "date of service" whereas it should be the "date of this notice". The PCN is therefore defective and should be cancelled.

The following PATAS case was upheld with regards to the same defective PCN wording:

PATAS Case Ref: 2100498211, Mr Naser Dabiri vs.Transport for London

"...the Penalty Charge Notice is defective and unenforceable: whilst the Penalty Charge Notice correctly states that the 14-day and 28-day payment periods begin with the date of the notice in accordance with section 4(Cool(iii) and (iv) of the London Local Authorities & Transport for London Act 2003, the Penalty Charge Notice then goes on to incorrectly state "If you fail to pay the Penalty Charge Notice or make representations before the end of the period of 28 days beginning with the date of service of this notice..." when the 'date of service' provision does not apply to the 14-day and 28-day payment periods (see above) - it only applies to the local authority having a discretion to disregard representations received by them after the end of the period of 28 days beginning with the date on which the Penalty Charge Notice in question was served (in accordance with paragraph 1(3) of Schedule 1 to the 2003 Act)."

additional cases that were upheld over the same defective PCN wording,

PATAS Case Ref: 2100628598, Mr Bryan Henry Siequien vs. Transport for London
PATAS Case Ref: 207037298A, Mr Derek Clotworthy vs. Islington
PATAS Case Ref: 2080336756, Mr Robert Southgate vs. Barnet

In the second instance I am appealing against this penalty charge on the basis of the positioning of the Box junction:

The contravention code entered on the PCN is also incorrect. According to the PCN contravention codes issued by London councils as of April 2012 (PCN codes version 6.6), contraventions using CCTV evidence should carry the suffix "j", therefore the correct code on the PCN should have been "31j" I have included this for your reference.

In the third instance I am appealing against this penalty charge on the basis of the positioning of the Box junction:

DfT Traffic Signs Manual

The Department for Transport has published The Traffic Signs Manual 2003, Chapter 5, Road Signs, page 76, paragraph 12.3, serves as a guideline to authorities that a box junction should not be used where traffic streams merge,

12.3 The Directions do not permit the use of yellow box markings at roundabouts unless traffic entering the box is controlled by signals at all times (see para 8.39 and direction 35). Nor should they be used where traffic streams merge, as it will not be clear which stream has precedence when a gap appears.

The position of the yellow box at Kew Road/Strand on the Green is the merging point of two lanes of traffic into one stream carrying over Kew Bridge.


In the forth instance I am appealing against this penalty charge notice for failure to present evidence:

In you PCN you stated that stopping within a box junction is a contravention. The Traffic Signs Regulations and General Directions 2002 (TSRGD 2002), Schedule 19, Part 2, paragraph 7 provides as follows,

7 (1) Except when placed in the circumstances described in paragraph 8, [box junctions] shall each convey the prohibition that no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles.

According TSRGD 2002 a contravention occurs at the point of entry and when a vehicle enters a box junction without a clear exit due to presence of stationary traffic. Therefor the evidence presented in the PCN is insufficient to prove the contravention and I request to see evidence of my vehicle entering the box while stationary vehicles were present.
Furthermore this evidence is also required as I do not believe that my vehicle has actually ‘stopped’ but was in fact crawling into the single carriageway having been impeded be other vehicles in front closing the previously clear exit.


In the fifth instance I am appealing against this penalty charge notice on the basis of use of these cameras:

Code of Practice for Operation of CCTV Enforcement Cameras

The Code of Practice for Operation of CCTV Enforcement Cameras (Road Traffic Regulation Act 1984, Road Traffic Act 1991, Traffic Management Act 2004) provides that camera enforcement signs have to be displayed clearly where a system is in operation,

2.3.5 Relevant camera enforcement signs should be displayed in areas where the system operates. The signs will not define the field of view of the cameras but will advise that CCTV camera enforcement is taking place in the area.

There is no CCTV enforcement sign present to warn the motorists of a CCTV enforcement system anywhere along Chiswick High Rd/Kew Rd prior to the box junction at Kew Road/Strand on the Green and therefore the CCTV enforcement system in use for this box does not abide to the Code of Practice for Operation of CCTV Enforcement Cameras.


Just Realised I never updated this.. basically my appeal was an epic failure.. every defence listed here was met with a response of 'they are only guidelines and do not have to be observed by local authorities'
So in short the highway code is just that, and if this is to be believed nothing listed in the highway code can be offered as a defence in the court of law unless there is a 'LAW' (ie something they can fine you for) buried in it.. also it appeared to be a bit of a lottery as to what adjudacator you get mine, was a jumped up tossbag of self importance whose exact words were 'Some of my colleagues may allow that defence I however do not, in fact I have only ever ruled in favour of the motorist once for that junction' the self restraint I showed in not jumping the desk and beating on this arrogant bag of wank deserved a medal...


were you turning right? Was it one of your legendary 50p corners? Wink Smile Very Happy

Bad luck mate
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Flintstone
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PostPosted: Fri Jan 18, 2013 8:01 pm    Post subject: Reply with quote

Poxy abs kept cutting in today, didn't think I was ever going to stop ! Twisted Evil
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nosnowking
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PostPosted: Sat Jan 19, 2013 10:54 am    Post subject: Reply with quote

Flintstone wrote:
Poxy abs kept cutting in today, didn't think I was ever going to stop ! Twisted Evil


Heh heh, I had the same problem...with the abs preventing me from stopping and the traction control preventing me from accelerating. Must've taken me 5 minutes just to get out of my parking space after work Laughing
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PostPosted: Sun Jan 27, 2013 6:57 pm    Post subject: Reply with quote

Great day turning into a really crap day. Out with Helen, having a good day until i lead her out too far and she got really cold. Then we got caught in a hail storm at Haslemere Twisted Evil ....so now cold AND wet....and getting dark. Still waiting to hear she's home safe !
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PostPosted: Sun Jan 27, 2013 7:57 pm    Post subject: Reply with quote

moriwaki wrote:
Great day turning into a really crap day. Out with Helen, having a good day until i lead her out too far and she got really cold. Then we got caught in a hail storm at Haslemere Twisted Evil ....so now cold AND wet....and getting dark. Still waiting to hear she's home safe !


Glad to hear Helen got home OK 2 Thumbs up

WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad
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PostPosted: Sun Jan 27, 2013 8:23 pm    Post subject: Reply with quote

Tusky wrote:
WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad


Crying or Very sad Puts everything else into perspective
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biggus
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PostPosted: Sun Jan 27, 2013 8:41 pm    Post subject: Reply with quote

Tusky wrote:
WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad


Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? Confused
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PostPosted: Sun Jan 27, 2013 8:53 pm    Post subject: Reply with quote

biggus wrote:
Tusky wrote:
WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad


Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? Confused


Not an exageration to say there is usually one a month.... More often than not, it is cars travelling north on the B2027 that don't notice various signs including the flashing one saying stop and just shoot straight across the B2042 not realising that it has priority Sad
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biggus
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PostPosted: Sun Jan 27, 2013 8:57 pm    Post subject: Reply with quote

Tusky wrote:
biggus wrote:
Tusky wrote:
WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad


Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? Confused


Not an exageration to say there is usually one a month.... More often than not, it is cars travelling north on the B2027 that don't notice various signs including the flashing one saying stop and just shoot straight across the B2042 not realising that it has priority Sad


Ah ok. I can see how that happens there... traffic lights the answer? mini roundabout??
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There are 10 types of people in the world: those who understand Binary and those who don't

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Tusky
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PostPosted: Sun Jan 27, 2013 9:09 pm    Post subject: Reply with quote

biggus wrote:
Tusky wrote:
biggus wrote:
Tusky wrote:
WPMOT Sad afternoon at the Four Elms crossroads Crying or Very sad


Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? Confused


Not an exageration to say there is usually one a month.... More often than not, it is cars travelling north on the B2027 that don't notice various signs including the flashing one saying stop and just shoot straight across the B2042 not realising that it has priority Sad


Ah ok. I can see how that happens there... traffic lights the answer? mini roundabout??


Traffic lights might be a solution but I doubt they would spent the money, speed ramps are not permitted (yet) because of both roads being considered a busy through roads. Not enough room for mini-roundabout. Something has got to be done about it though Confused

All I would suggest in the meantime to all peeps coming though the village, is that they be aware that this happens an awful lot You got a PM
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PostPosted: Sun Jan 27, 2013 9:47 pm    Post subject: Reply with quote

Sad news Crying or Very sad . I use both roads a lot and am all too aware of the issue as I've had a couple of moments.
Fortunately I always travel slowly through villages so I've always managed to accommodate.
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PostPosted: Mon Jan 28, 2013 7:42 pm    Post subject: Reply with quote

JimBo wrote:
Sad news Crying or Very sad . I use both roads a lot and am all too aware of the issue as I've had a couple of moments.
Fortunately I always travel slowly through villages so I've always managed to accommodate.


On this occasion, the biker didn't stand a chance, just wrong place wrong time Sad

Driver arrested but not sure why they reported it as a white Honda, when the tank was burgundy red. http://www.kentonline.co.uk/kent_messenger/news/2013/january/28/four_elms_fatal.aspx
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biggus
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PostPosted: Tue Jan 29, 2013 11:43 am    Post subject: Reply with quote

Tusky wrote:
JimBo wrote:
Sad news Crying or Very sad . I use both roads a lot and am all too aware of the issue as I've had a couple of moments.
Fortunately I always travel slowly through villages so I've always managed to accommodate.


On this occasion, the biker didn't stand a chance, just wrong place wrong time Sad

Driver arrested but not sure why they reported it as a white Honda, when the tank was burgundy red. http://www.kentonline.co.uk/kent_messenger/news/2013/january/28/four_elms_fatal.aspx


http://www.bbc.co.uk/news/uk-england-kent-21231880 Sad
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PostPosted: Tue Jan 29, 2013 1:45 pm    Post subject: Reply with quote

A very traumatic and sad day for everyone in the village Sad Sad
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PostPosted: Tue Jan 29, 2013 2:05 pm    Post subject: Reply with quote

Madam Busty wrote:
A very traumatic and sad day for everyone in the village Sad Sad


Yes and the Bikesafe attendeés who landed on the scene seconds afterwards too Sad
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PostPosted: Tue Jan 29, 2013 10:20 pm    Post subject: Reply with quote

This happen yesterday because some scumbag could not keep his/her dog/dogs under control. 3 dead and 2 injured last night that we could see/find. This morning we found another 3 dead and 1 Died of shock right in front of us. Another probably wont survive tonight.

If I find out whose dog done this I will take them to the FUCKING CLEANERS.
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PostPosted: Fri Feb 08, 2013 12:28 pm    Post subject: Reply with quote

SkinnyHulk wrote:
This happen yesterday because some scumbag could not keep his/her dog/dogs under control. 3 dead and 2 injured last night that we could see/find. This morning we found another 3 dead and 1 Died of shock right in front of us. Another probably wont survive tonight.

If I find out whose dog done this I will take them to the FUCKING CLEANERS.


I really don't understand how we can have a licenses for anything else potentially so dangerous like cars, motorcycles and guns, but not for dogs.

I love dogs, however, irresponsilble ownership is rife, particularly in the feral class of "status" dogs, as usual, the few spoil for the many.
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biggus
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PostPosted: Fri Feb 08, 2013 12:53 pm    Post subject: Reply with quote

WPMOT.... Looks like it might well be the end of the road for my trusty taliban taxi. Sad times Crying or Very sad exploding radiator and an ever increasing amount of tin-worm activity means it's probably time to change the old 'gal.
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There are 10 types of people in the world: those who understand Binary and those who don't

There are II types of people in the world: those who understand Roman numerals and those who don't.

98% of all Harleys ever sold are still on the road. The other 2% made it home
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PostPosted: Fri Feb 08, 2013 5:04 pm    Post subject: Reply with quote

biggus wrote:
WPMOT.... Looks like it might well be the end of the road for my trusty taliban taxi. Sad times Crying or Very sad exploding radiator and an ever increasing amount of tin-worm activity means it's probably time to change the old 'gal.


Pajero?? Laughing
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PostPosted: Fri Feb 08, 2013 11:04 pm    Post subject: Reply with quote

See the 'Go Slow Surrey' campainers have been at it again Twisted Evil 40mph over Ranmore Common now and on the road from Cobham to Leatherhead ffs ! These new, slower, speed limits are poping up everywhere and with no prior warning. I'm no speed merchant but it's a trend thats really getting me pi**ed off. Twisted Evil
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PostPosted: Thu Feb 21, 2013 8:02 pm    Post subject: Reply with quote

WPMOT: bye bye Striple.... Sad
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PostPosted: Thu Feb 21, 2013 8:12 pm    Post subject: Reply with quote

Miss G wrote:
WPMOT: bye bye Striple.... Sad

Crying or Very sad sympathy

Hopefully there will be another at some point.
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PostPosted: Thu Feb 21, 2013 8:44 pm    Post subject: Reply with quote

moriwaki wrote:
Miss G wrote:
WPMOT: bye bye Striple.... Sad

Crying or Very sad sympathy

Hopefully there will be another at some point.

+1 to all that.
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PostPosted: Fri Mar 01, 2013 8:04 pm    Post subject: Reply with quote

Going to see Muse at the Emirates Stadium in May, which is great Cool .....but........Dizzie effin Rascal as support !!! Twisted Evil
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biggus
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PostPosted: Sat Mar 09, 2013 4:53 am    Post subject: Reply with quote

WPMOT. Being back in this cold wet shithole after 3 weeks of sunshine.

P.S. the Great Ocean Road is awesome Cool
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There are 10 types of people in the world: those who understand Binary and those who don't

There are II types of people in the world: those who understand Roman numerals and those who don't.

98% of all Harleys ever sold are still on the road. The other 2% made it home
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