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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Tue Jan 15, 2013 6:02 pm Post subject: |
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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((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((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((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?
Bad luck mate _________________
www.bigguspicus.co.uk
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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Flintstone Del Boy Deer Hunter
Joined: 25 Nov 2004 Posts: 3988 Location: .........in another world !
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Posted: Fri Jan 18, 2013 8:01 pm Post subject: |
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Poxy abs kept cutting in today, didn't think I was ever going to stop ! _________________ It's all down to quality of life ! |
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nosnowking World Superbike Racer
Joined: 23 Apr 2009 Posts: 1907
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Posted: Sat Jan 19, 2013 10:54 am Post subject: |
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Flintstone wrote: | Poxy abs kept cutting in today, didn't think I was ever going to stop ! |
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 |
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moriwaki Fleetwood Mac
Joined: 20 Jan 2007 Posts: 4076 Location: Stuck in the middle.
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Posted: Sun Jan 27, 2013 6:57 pm Post subject: |
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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 ....so now cold AND wet....and getting dark. Still waiting to hear she's home safe ! _________________ Just call me Waki. |
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Tusky Pie Dipper
Joined: 12 May 2005 Posts: 11549
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Posted: Sun Jan 27, 2013 7:57 pm Post subject: |
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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 ....so now cold AND wet....and getting dark. Still waiting to hear she's home safe ! |
Glad to hear Helen got home OK
WPMOT Sad afternoon at the Four Elms crossroads _________________ Boxhill Chippendales
All characters appearing in this post are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. |
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moriwaki Fleetwood Mac
Joined: 20 Jan 2007 Posts: 4076 Location: Stuck in the middle.
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Posted: Sun Jan 27, 2013 8:23 pm Post subject: |
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Tusky wrote: | WPMOT Sad afternoon at the Four Elms crossroads |
Puts everything else into perspective _________________ Just call me Waki. |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Sun Jan 27, 2013 8:41 pm Post subject: |
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Tusky wrote: | WPMOT Sad afternoon at the Four Elms crossroads |
Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? _________________
www.bigguspicus.co.uk
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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Tusky Pie Dipper
Joined: 12 May 2005 Posts: 11549
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Posted: Sun Jan 27, 2013 8:53 pm Post subject: |
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biggus wrote: | Tusky wrote: | WPMOT Sad afternoon at the Four Elms crossroads |
Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? |
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 _________________ Boxhill Chippendales
All characters appearing in this post are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Sun Jan 27, 2013 8:57 pm Post subject: |
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Tusky wrote: | biggus wrote: | Tusky wrote: | WPMOT Sad afternoon at the Four Elms crossroads |
Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? |
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 |
Ah ok. I can see how that happens there... traffic lights the answer? mini roundabout?? _________________
www.bigguspicus.co.uk
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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Tusky Pie Dipper
Joined: 12 May 2005 Posts: 11549
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Posted: Sun Jan 27, 2013 9:09 pm Post subject: |
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biggus wrote: | Tusky wrote: | biggus wrote: | Tusky wrote: | WPMOT Sad afternoon at the Four Elms crossroads |
Heard something on the travel news about it. I've no idea why it's so dangerous there other than inattention and speed? |
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 |
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
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 _________________ Boxhill Chippendales
All characters appearing in this post are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. |
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JimBo Pedantic Cnut
Joined: 18 Nov 2004 Posts: 5394
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Posted: Sun Jan 27, 2013 9:47 pm Post subject: |
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Sad news . 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. _________________ So many roads, so little time. |
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Tusky Pie Dipper
Joined: 12 May 2005 Posts: 11549
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Posted: Mon Jan 28, 2013 7:42 pm Post subject: |
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JimBo wrote: | Sad news . 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
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 _________________ Boxhill Chippendales
All characters appearing in this post are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Tue Jan 29, 2013 11:43 am Post subject: |
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Tusky wrote: | JimBo wrote: | Sad news . 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
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 _________________
www.bigguspicus.co.uk
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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Madam Busty World Superbike Racer
Joined: 26 May 2005 Posts: 1926 Location: Kent
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Posted: Tue Jan 29, 2013 1:45 pm Post subject: |
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A very traumatic and sad day for everyone in the village _________________ Ciao Marco, you will be missed :-( xx |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Tue Jan 29, 2013 2:05 pm Post subject: |
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Madam Busty wrote: | A very traumatic and sad day for everyone in the village |
Yes and the Bikesafe attendeés who landed on the scene seconds afterwards too _________________
www.bigguspicus.co.uk
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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SkinnyHulk "Brokeback"
Joined: 26 Jul 2009 Posts: 575 Location: Breathing down your neck
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Posted: Tue Jan 29, 2013 10:20 pm Post subject: |
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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. _________________ [url=http://www.TickerFactory.com/]
[/url] |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Fri Feb 08, 2013 12:28 pm Post subject: |
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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. _________________
www.bigguspicus.co.uk
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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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Fri Feb 08, 2013 12:53 pm Post subject: |
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WPMOT.... Looks like it might well be the end of the road for my trusty taliban taxi. Sad times exploding radiator and an ever increasing amount of tin-worm activity means it's probably time to change the old 'gal. _________________
www.bigguspicus.co.uk
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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Miss G World Superbike Racer
Joined: 19 Jun 2009 Posts: 1513
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Posted: Fri Feb 08, 2013 5:04 pm Post subject: |
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biggus wrote: | WPMOT.... Looks like it might well be the end of the road for my trusty taliban taxi. Sad times exploding radiator and an ever increasing amount of tin-worm activity means it's probably time to change the old 'gal. |
Pajero?? _________________ An open mouth is a straight line to the mind.
I’m impressed, I’ve never met such a small mind inside such a big head before. |
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moriwaki Fleetwood Mac
Joined: 20 Jan 2007 Posts: 4076 Location: Stuck in the middle.
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Posted: Fri Feb 08, 2013 11:04 pm Post subject: |
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See the 'Go Slow Surrey' campainers have been at it again 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. _________________ Just call me Waki. |
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Miss G World Superbike Racer
Joined: 19 Jun 2009 Posts: 1513
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Posted: Thu Feb 21, 2013 8:02 pm Post subject: |
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WPMOT: bye bye Striple.... _________________ An open mouth is a straight line to the mind.
I’m impressed, I’ve never met such a small mind inside such a big head before. |
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moriwaki Fleetwood Mac
Joined: 20 Jan 2007 Posts: 4076 Location: Stuck in the middle.
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Posted: Thu Feb 21, 2013 8:12 pm Post subject: |
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Miss G wrote: | WPMOT: bye bye Striple.... |
Hopefully there will be another at some point. _________________ Just call me Waki. |
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JimBo Pedantic Cnut
Joined: 18 Nov 2004 Posts: 5394
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Posted: Thu Feb 21, 2013 8:44 pm Post subject: |
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moriwaki wrote: | Miss G wrote: | WPMOT: bye bye Striple.... |
Hopefully there will be another at some point. |
+1 to all that. _________________ So many roads, so little time. |
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moriwaki Fleetwood Mac
Joined: 20 Jan 2007 Posts: 4076 Location: Stuck in the middle.
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Posted: Fri Mar 01, 2013 8:04 pm Post subject: |
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Going to see Muse at the Emirates Stadium in May, which is great .....but........Dizzie effin Rascal as support !!! _________________ Just call me Waki. |
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biggus illitterātus
Joined: 21 Aug 2004 Posts: 31748 Location: Hotel California
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Posted: Sat Mar 09, 2013 4:53 am Post subject: |
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WPMOT. Being back in this cold wet shithole after 3 weeks of sunshine.
P.S. the Great Ocean Road is awesome _________________
www.bigguspicus.co.uk
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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Back to top |
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