Author Topic: BRENT - Code 01 - Parked in a restricted street during prescibed hours - Holland Road - Single Yellow but No longer a dr  (Read 769 times)

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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order



A review of the thread shows that you were parked on a SYL while in force, notice of the restriction being conveyed by a CPZ sign at the entrance to the road.

As I understand it, this is not disputed.

The authority have to show that the indicated restriction was underpinned by a lawful restriction at the time the PCN was issued. Whether they intended to remove it, had made preparations to remove it or had even published notice of their intention to remove it goes to mitigation IMO which the adjudicator cannot consider. Similarly, the adjudicator is not empowered to allow an appeal because they think there was no traffic management reason for the line being in place.

So, was there a lawful restriction in place at the time?

From the order which was obtained by cp the answer is yes.

This is where your speculation comes into play.

The facts here are that shortly after the date in question the line was removed and replaced by parking place markings which is consistent with the one of the conditions of planning consent granted in respect of an application to develop the adjacent property which had benefited from a dropped footway which had recently been removed. Another fact appears to be that the council have been unable to produce a copy of the order modifying the one which was in effect on the day and which you contravened.

The speculation surrounds whether what's there now is actually unlawful, because it's not underpinned by a traffic order(no evidence that the previous order has been amended) or whether it is lawful in which case when did the amendment take effect.....before the date of the contravention perhaps?

But it is speculation.

IMO, more chance of trying to squeeze a Do Not Contest from the council.

I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

I'd just like to say a big "Thank You" for the help on this matter and a good result.  Best Wishes.

Outcome.
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