Free Traffic Legal Advice

Hi @cp8759, sorry for delay, I've also been on Holiday but also recovering from a tummy bug; such is Thai seafood !<br>


So just getting back to this. Regarding Lambeth [nasty] Council's rejection of my representation, can you give me advise on how to proceed further? Noting the points by @PastMyBest (great name btw):<br>

    <ul>
            <li>The lowered footpath is not to allow vehicles to cross, as they have nowhere to go.</li>
            <li>It is not for cyclists as there is no cycle track.</li>
            <li>It is not for pedestrians as there is no corresponding lowered footpath on the opposite side of the road.</li>
        </ul>
How do I proceed further with appeal to adjudicator (I've never gone this far before in a contravention case).

<br>Oh, and @Hippocrates, it seems you're right. I've researched other cases with this Enforcement officer P**** T***** ...but I won't go into that.

Do I draft an appeal letter? How do I word it, taking these points into account, and perhaps a precedent of the Mendy case?

Any advice on how to proceed further with this case would help.

<br>P>S - I just want to say that, win or lose, fine or no fine, I've never had so much fun reading the cases in this forum, education myself and learning all the devious tricks Authorities get up to. Who knew Traffic law could be such fun, right ?

@LemonTootski I'd suggest you take up Pastmybest's offer of representation.

I have the docs so everything i need and will register the appeal over the weekend

ENDGAME:

I am thrilled to confirm that Lambeth Council will not contest the appeal!

Just to quickly recap -
- I made representations against this PCN
- Lambeth Council rejected my representation.
- A formal appeal was then made to the tribunal by this forum's PastMyBest, acting on my behalf as my representative.
- Lambeth Council then decided not to contest.

This is fantastic news, and I am absolutely elated. However, I also feel some frustration that the council, knowing they didn't have a solid case when my initial  representation was made, still rejected it and attempted to enforce the PCN to collect fines.

PastMyBest, if you feel, you may want to display the wording you used in the case you made to tribunal, to help others see how this dropped kerb PCN is unenforcable.



Finally, One thing I've learned, it seems Authorities have nothing to lose. When a representation is made, the council's strategy is to often reject it, expecting the complainant to simply pay up rather than mounting a professional challenge like the one PastMyBest did.

Perhaps they realise that if this case did go to tribunal and they lose, it sets a precedent for others - ultimately threatening their cash-cow making revenue stream So, they'd rather not contest my case when faced with a knowledgeable and professional challenge. Instead they write this off, and continue to collect fines from those who lack the resources or will to fight back.

And so, people will innocently continue to park at area, and Lambeth will continue to fine and rake it in.
As PastMyBest quoted:

''Never ascribe to malice what can be put down to incompetence. CEO,s do not need nor have high level qualifications  ''

If money-traps like these are continued year after year, and many people call them out yet the practice (unenforceable PCNs) continues... it is certainly not incompetence.

Anyway, glad to see this case is resolved. Amazing work, PastMyBest.

Once again, thank you for all your support (CP8759) and everyone else, and heartfelt respect to PastMyBest.

Don't get worked up about it, we need a change in the law so that a panel of adjudicators can make binding findings but that's not likely

I take a different view, what we really need is a route of appeal to the Upper Tribunal. In Scotland that's what they've done and now any first-instance decision can be appealed on a point of law to the Upper Tribunal for Scotland, there's no reason why the same cannot be done in England & Wales.

And well done to everyone for seeing this one through to the end.

I have just drafted a letter to a member for her MP in the same terms.

I see your point and there should be a low/no cost way of taking a review to a higher court, but i still think allowing that a panel or even the chief adjudicator can determine that a finding be binding could remove the need for review in any case And stop some of the bonkers decisions of some adjudicators that just do not follow the law in any case

That would not stop a panel/chief adjudicators decision being challenged by a higher court as is now the case but would cut out some what can only be called petulance by some adjudicators face with some perfectly valid appeal points

@Pastmybest The main problem is getting a decision on signage overturned. It seems to be at the sole discretion of each adjudicator.