3. Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2
« previous next »
Pages: 1 [2]

Author Topic: Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2  (Read 2147 times)

0 Members and 254 Guests are viewing this topic.

Re: Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2
« Reply #15 on: »
I probably know more about this location now than any other person. I lost in case 2240465350 after a lot of research and I decided the adjudicator was correct so I did not review. I no longer fight PCNs at this location as any driver who turns there has missed ample signage.
Logged
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Re: Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2
« Reply #16 on: »
Mr Mustard - you are a legend - but I respectfully suggest you think again.

As part of my research I read the ruling on case 2240465350, and if that were the only evidence I would not have contested the PCN. However, case 2250099929 introduced significant new evidence in the form of a map from TFL released under a FOI request. The map clearly shows that the sign and the exact location where the turn would be made is, as a matter of fact, a GLA road.

The adjudicator in case 2250099929 stated:
"There is no evidence before me that would persuade me that the official map provided by Transport for London is wrong. In light of that finding, I find as a fact that the Appellant's vehicle turned left from a GLA road into Brentfield Gardens, and section 4(3) of the 2003 Act requires that in such circumstances the prior written consent of TfL is required before a penalty charge can be served by this Authority"
and the appeal was upheld.

I would urge anyone who receives a PCN to read through case 2250099929 before paying what I am convinced is an unlawfully issued PCN.

I wanted my day in court because I understand that the Tilling Rd/Brentfield Gardens location is one of the biggest PCN revenue sources for Barnet. Laws apply to all - to motorists as well as to councils. The issue in this case is not the quality of the signage, but the legality of the PCN. If the council are required by law to have the written permission of TfL to issue PCNs at that location - as I and the adjudicator of case 2250099929 believe, then they should complete the formalities and obtain it.
Logged
Re: Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2
« Reply #17 on: »
Quote from: StatusBaby on Yesterday at 06:38:29 pm
Well I've won and I should be happy - but I have been denied my proverbial day in court. After spending hours preparing my case, not to mention taking time off work to attend the tribunal, I am not happy that Barnet have acted this way >:(

At the very least I would have appreciated advanced notice so that I didn't waste a half-day holiday from work. A phone call form the Tribunal just a few hours beforehand doesn't cut it. I previously took TFL to appeal, and at least they had the decency to write to me a couple of weeks before the hearing to let me know they were not contesting the appeal.

If there were any justice, Barnet should now be paying me!

I really hope that all of the work I put in - based on the work of many others in this community - provides a useful repository to help the next motorist who is penalised at this location make a valid appeal.

Two comments: firstly, you could apply for costs if you think the council has behaved in a wholly unreasonable manner, see https://www.londontribunals.gov.uk/eat/costs (you can claim £19 an hour for the time you have actually spent on the case, whether the adjudicator will agree is of course another matter).

Secondly, I think you've taken a wholly unjustified amount of time off work for this. Half a day for a 45 minute hearing? C'mon. I've previously seen a TPT hearing where an appellant asked for a whole day because he booked a day off work for a 30 minute hearing, the adjudicator said they'd not entertain anything of the sort as the time claimed was out of all proportion.

When I ask clients to attend a hearing, most people will move around the start or end of their shift or take an extended lunch break, many workplaces measure annual leave by the hour rather than by the day or the half day, and if your workplace is unreasonably inflexible then it's still not clear why the taxpayer should bear the burden of that.

To the extent that you want to claim time for attending the hearing, you'd be really lucky to get an hour at most. If there was really no way you could attend the hearing other than booking a half day off work, your grievance is really with your employer rather than with the council.
Logged
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
Pages: 1 [2]
« previous next »
  3. Another Barnet 50L Performing prohibited no left turn TILLING RD/Brentfield Gardens NW2