Law, London, property, society, Uncategorized

Isn’t Sunday Supposed to be Free?

Last Sunday I copped a parking ticket.  It was a complete surprise to me.  I had parked in the same car park on and off for more than 30 years without problem.  And isn’t parking supposed to be free on Sundays and public holidays?  But not this Sunday.

It was only after I had arrived home that I noticed the little yellow package tucked behind my windscreen wiper.  I opened it up to find that I was being punished for not having paid for my parking.  That can’t be right?  It’s Sunday?  Perhaps the traffic attendant made a mistake?  Perhaps he had forgotten what day it was?  Perhaps he had woken up in the morning thinking it was Monday?

So, I drove back to the car park and looked around to see if there is any obvious sign about charges being introduced for Sunday parking.  But there was nothing obvious except in the small print on the machine itself: which had recently been closed down because it was no longer taking cash.  And there were no tickets being issued.  It is now all pay by phone.  Which brings me to another question.  If there are no tickets to display, how does a parking attendant know whether someone has paid or not?

When I returned home again with my parking ticket, I searched online to try to find out when the rules for this particular car park had changed, as regards the introduction of Sunday charging, and what signage had been displayed to alert motorists that the rules have changed.  But nothing came up.  So, I posted a question to an AI platform and got back some Goan food recipes.

As I was not prepared to give up, I bowled in a statutory freedom of information request to the council which had issued the notice, asking the same questions.  Now I don’t know how much it costs to answer a freedom of information request.  But by the time it has been bounced around between different council departments and someone has spent half a day digging out this obscure piece of information and sending it back to me, I would not have thought that there would be much change out of £500.

As I had nothing to lose, I made representations to the local authority, explaining that I had made an honest mistake.  As I expected, the council were quick to reject my representation.  Though again, someone would have had to be paid to consider my representation and respond formally to it.  If I wanted to take my appeal further, I would have to go to the parking adjudicator.

Appealing to a parking adjudicator is a double or nothing game because, by the time you make your appeal, you would already have lost your 50% discount for early payment.  But my personal view is that if you think that a penalty charge notice is unfair and that you have grounds to appeal, you should appeal.

I went back to my AI platform and asked whether lack of adequate signage alerting me to the changes, provided grounds for appeal to a parking adjudicator.  This time, instead of Goan recipes, it directed me to a government website, “Key Cases-London Tribunals”.

The first thing I noticed about this government website was that there are so few key decisions.  I had been expecting thousands.  When I typed ‘Sunday’ into the search- bar, nothing came up.  I then browsed the section headed, “Adequacy of Signs and Lines”.  There were only six key decisions, most of them dating back to 1990s.  Really?  So, it did not take me long to browse through the list.  The key decision which most closely resembled my predicament was Mary Fairburn’s appeal against a notice issued by the London borough of Bexley, again where there had been a sudden change to the charging regime, to which she had not been alerted, except for the small print on the machine.  In that 1997 case, Parking Adjudicator G.R. Hickinbottom expressed surprise that Bexley Council had not cancelled the notice on the basis of a genuine mistake but felt that he had no power to cancel the notice because an infringement had occurred.

So on the basis of Mary Fairburn’s decision, I will not waste time and further public expense pursuing an appeal to the parking adjudicator and will pay the PCN at the discounted 50% rate whilst I still have a few days to do so.  Which brings me to a final thought.

I don’t understand the mentality of town centre parking policy.  If you really wanted to help struggling local businesses, wouldn’t you want to make it as easy as possible for motorists to park their cars and get on with their shopping?  No wonder town centre retail and entertainment chains like Wilco; Debenhams and Cineworld have gone to the wall.

business, housing, Law, property, real estate, society, writing

Positive Feedback From Today’s Conveyancer

Photo by RODNAE Productions on Pexels.com

As a published legal writer it is always encouraging to receive positive editorial feedback. Here is something I received January 24th 2023 from Jamie Lennox, the Editor of Today’s Conveyancer. I also enclose a link to the article which generated that feedback.

Dear Viv

I hope you’re well. Just wanted to drop you a note regarding your recently published piece on Leaseholder Deeds of Certificate. It’s been incredibly popular with our readership: the data shows it’s been read more than any other piece over the last 7 days, and we’ve heard it’s been shared on social media and Rob Hailstone’s Bold Legal Forum too. Thus, a big thank you is in order from me!

I think it’s particularly relevant to the current discourse surrounding the ever-increasing complexity of conveyancing. I’ve heard one conveyancer suggest a separate law degree is required for the BSA 2022 alone! With climate change guidance just around the corner from the Law Soc, I imagine a similar conversation will take place.

Should you want to follow up this piece with any more guidance/best practice, we’d bite your hand off. Let me know your thoughts.

Thank you

Jamie Lennox

Editor

https://todaysconveyancer.co.uk/leaseholder-deeds-of-certificate-what-you-need-to-know/: Positive Feedback From Today’s Conveyancer Read more: Positive Feedback From Today’s Conveyancer

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housing, Law, property, real estate, society

Best Law Books For Residential Leaseholders

We have been asked to recommend books to help residential leaseholders understand their rights. Here is a link to our selected books from a variety of authors, each of whom are experts in their field. They cover everything from service charges, lease-extensions, buying out a landlord’s interest. How to deal with a difficult ground-landlord.

https://shepherd.com/best-books/laws-on-residential-leaseholders-rights-in-the-uk

business, politics, property, society

Beat Business Energy Bills with an Open Window and Natural Light

Why have UK businesses become so energy dependent that their entire existence can be held to ransom by recent price-hikes.  Of course, energy is required for most industrial processes including refrigeration and food preparation.  But why this obsession with artificial lighting and air-conditioning?

 I have worked in offices all my adult life.  I have never asked to sit behind tinted glass in artificial lighting and freezing air conditioning.  It has been imposed on me. I’m sure that it hasn’t always been like that.  I would much rather enjoy natural light and the ability to open a window if I feel stuffy.  It means that I won’t have to take a pullover to work because of the air-conditioning, when the temperature is a sunny 100° outside.  Think about the energy cost of creating this unnecessary artificially controlled environment?  Think about the climate.  It’s the same with shops.  Why do shops always have to have the lights blazing to prove that they are open?

A couple of weeks back, I visited my local pet shop to pick up some cat litter.  They had recently moved premises and had not yet had the electricity connected.  But the natural light coming in through the window was good enough for me to find my cat litter and complete my purchase.

Three months ago, there was a power cut at my local Tesco supermarket.  Again, there was enough natural light for me to complete my shopping.  It was just as I could not get it through the till.  Today I went to the local Internet cafe at the end of our road to print out some documents.  I was pleased to see the staff sitting in natural light and only using electricity to power their computers and printer.  At least they are saving some money. 

Going forward, the construction of commercial buildings has to change, with windows that open and which maximize the amount of natural light coming in during daylight hours.  Also, a change of mindset.  Is that so difficult?

Law, protest, society

If You Think You’ve Been Scammed

If you think you’ve been scammed. If you have received debt letters from a mobile phone company you’ve never even heard of. Don’t spend hours of your time breaking your head trying to convince someone in an off-shore call centre. They are not equipped to deal with it. Its off-script. Forget about e-mail. Instead write a FORMAL LETTER to their complaints department and post it recorded delivery. Yes-I know it’s a pain, standing in line in a post office with only one person serving. But is the only way to prove delivery. If you don’t get a reply or can’t find the complaints address, write a personal letter to their chief executive. Make it their problem. It’s all about creating a paper-trail. About covering yourself. About creating the evidence you need to take your complaint to the financial ombudsman if you can’t get a satisfactory response. They can’t ignore that. Just one other thing. Buy a copy of my book, ‘Get Paid’. It contains essential information for anyone being hassled by an unfair claim. It’ll show you what creditors can – and can’t do. Here is the link.

http://www.amazon.co.uk/Get-Paid-small-business-getting/dp/1727210204