Author Topic: Code: 14, Lambeth Code 14 EV Bay whilst Charging  (Read 1397 times)

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Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #15 on: »
Find their new response which they have uploaded ahead of the tribunal; quite a few contradictions mainly the appendix stating times allowed in bays on Macaulay road “3 hours” where as signage states 4 hours. Not relevant to my case but does show they fail to maintain accurate documentation on their Local Parking zones

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Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #16 on: »
Have you requested a hearing?
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

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #17 on: »
Yes, I have; any tips based on their preliminary pack would be appreciated

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #18 on: »
To be honest the council's evidence pack is built around the fact that your were parked for longer than permitted, which is irrelevant because that's not the contravention on the PCN.

All you need to do is explain to the adjudicator that your car was in fact charging, and that should be the end of the matter. This is the sort of appeal where you should be in and out in five minutes (if that).
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

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #19 on: »
And then a claim for cost after the adjudicators decision as this  has taken a fair bit of time

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #20 on: »
Find their new response which they have uploaded ahead of the tribunal; quite a few contradictions mainly the appendix stating times allowed in bays on Macaulay road “3 hours” where as signage states 4 hours. Not relevant to my case but does show they fail to maintain accurate documentation on their Local Parking zones
This is Lambeth, no great surprise that the muppets are still trying it on, even though they are on a loser.

Probably a good time to add a couple of points. Both PIs
Failure to consider.... they totally ignore that the very thing you are cited for failing to do was happening.
Taking a step not allowed... trying to enforce a contravention by citing something not alleged on the PCN, ie overstaying your welcome
Being muppets... though unfortunately that is not a PI and probably should not be said.

Assuming they actually do not DNC, ask for costs the moment the adjudicator dismisses the PCN.
Words like Wholly Unreasonable and vexatious are good to use.
Have some figures in your head, ie 5 hours at £19 per hour.... which is about the limit an adjudicator is likely to accept for a lay person defending themselves.
Time is allowed for research, investigations, preparing and writing appeal but it ain't a great deal.

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #21 on: »
If you go to the hearing centre (which does stay open on Thursday evening and Saturday morning), you get travel time to the tribunal and back, plus the time you spend in the hearing itself.
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

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #22 on: »
How do they decide the rate? I mean do they not take into account time taken to fight the tickets or to research? I thought they might take into account roughly a persons per hour rate (optimistic thinking) would probably force the industry to function properly if they could end up being made to pay out

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #23 on: »
They use the hourly rate prescribed by the Civil Procedure Rules for litigants in person, which is set by statute at £19 an hour, see para 3.4 here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#3.1

It might seem arbitrary, because it is, but if courts and tribunals had to start determining what an individual is worth an entire branch of law would grow out of that, so The Civil Procedure Rule Committee has decided to just set an amount and that's that.
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
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Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #24 on: »
Judgement was passed in my favour;

Thanks all, much appreciated with the assistance  :)

any examples for cost request? It says to provide evidence to cost which may assist the acceptance? Time for research I can provide logs?

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #25 on: »
What's the case number please?
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

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #26 on: »
As something for the future perhaps..

The order presented in evidence does NOT designate any of the parking places listed - looks like the whole borough - as parking for EVs only, it simply designates them as parking places. The EV link presumably comes from its references to specific articles in 'the order of 2010', but that order isn't in evidence as far as I can see.

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #27 on: »
Case reference: 2230400654
Any rough indications on how much I should try to claim for?

Re: Code: 14, Lambeth Code 14 EV Bay whilst Charging
« Reply #28 on: »
I would write to the tribunal asking for a clerical revision, specifically for the reference to The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 to be replaced with a reference to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022.

As for costs, the adjudicator found as a fact that you were in contravention, in such circumstances I see no chance of you getting a costs award. If you want to have a go anyway, just make an estimate of how much time you've spent on the matter since you received the notice of rejection. Whatever amount of time you have spent on this (including taking part in the hearing), you claim £19 an hour.
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
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