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#Post#: 62514--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: H C Andersen
Date: March 14, 2025, 9:36 am
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As you understand it, liability lies with the person who was
driving and because it's been 5 months you, as keeper, cannot
recall who was driving at the time and date because in your case
your wife also drives. Similarly, you don't understand how the
council know who was driving after all this time. To add to your
confusion the location given in the notice seems to conflict
with the photo because ........
#Post#: 62548--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: fraser.mitchell
Date: March 14, 2025, 12:52 pm
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Under what legislation are the council able to serve an FPN for
this offence ? Surely only the police can do so ?Their letter
only mentions the Highways Act 1980
#Post#: 62552--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: john_s_wf
Date: March 14, 2025, 1:08 pm
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HTML https://www.legislation.gov.uk/ukla/2003/3/enacted
#Post#: 62578--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: H C Andersen
Date: March 14, 2025, 3:01 pm
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Person, person, person.......
Not keeper owner.
The LLA etc.. Act cannot and does not change the offence - which
is committed by a person - simply by whom it may be enforced and
how.
#Post#: 62603--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: fraser.mitchell
Date: March 14, 2025, 5:00 pm
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--- Quote from: john_s_wf link ---
>
>
HTML https://www.legislation.gov.uk/ukla/2003/3/enacted
>
--- End Quote ---
Many thanks
#Post#: 62622--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: CharlieVictor33
Date: March 15, 2025, 4:01 am
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Does this section not prevent them from issuing after 28 days?
Surely if this went to court a magistrate would want to know why
it took them so long to bring up up the offence?
[attachment deleted by admin]
#Post#: 62634--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 15, 2025, 5:39 am
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ive made the following draft, do i need to add/remove anything?
I wish to appeal this FPN (ref) I received on the 12th March and
dated 10th March on the following grounds,
Firstly, the alleged offence took place on 9th Oct 2024 which
was over 5 months ago, many drivers have access to this car and
I have no recollection of who was driving the car at the time.
The liability lies with the driver and not the owner. What/why
makes you assume it was me who was driving
Secondly, the information on the FPN is wrong. It says I was
parked on Guildway road, ive never parked on that road before.
The picture show the car was actually on Billet Road.
I thus believe this FPN to be invalid and look forward to you
cancelling the ticket
Regards
#Post#: 62640--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 15, 2025, 6:08 am
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Ps
I know others doing it isn't a legitimate excuse but even just
today I saw two delivery vans parked same spot as me unloading
stuff for the store. Now I'm not sure if they'll get a ticket
or not but if they are excused then can't I argue there should
be signs to clarify ONLY delivery vans are allowed to stop/park
up there
#Post#: 62670--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: H C Andersen
Date: March 15, 2025, 10:36 am
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Advice: pl stop parking there. But you seem to question this
despite the absolutely clear provisions of the GLC(General
Powers) Act 1974 being explained.
You then suggest that because others are, possibly without
lawful authority, parking there this in some way justifies you
doing so. It doesn't.
You then look at the posted legislation and refer to a provision
which has no bearing, namely that applying to Penalty Charge
Notices when your case involves a Fixed Penalty Notice.
I say again, the person liable is the PERSON who permitted or
caused the offence unlike with penalty charge notices where the
liable party is the OWNER(presumed to be the registered keeper).
If you tell the council you were driving then liability rests
with you. If not, then with whoever drove which after such a
period has elapsed you cannot recall.
#Post#: 62707--------------------------------------------------
Re: Waltham forest. Section 137 Wilful obstruction of highway
DIR By: mkdon
Date: March 15, 2025, 5:16 pm
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Cool il stick with this line . Was my draft appeal ok?
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