Free Traffic Legal Advice

Ahh so for payment, it is to be paid before the end of the period of 28 days beginning with the date of the notice, where as this says, "if you fail to pay the Penalty Charge or make representations before the end of a period of 28 days beginning with the date of service of this notice an increased charge of £240.00 may be payable."

And for representations it is the period of 28 days beginning with the date of service of this notice.

**** that's not confusing at all 😂

Hearing is on Thursday 8th January at 12:15. So, far the Enforcing Authority has not uploaded any evidence to the portal and nothing has been received via email or post from them.

Essentially, I am wanting the adjudicator to give detail in the case summary, so the grounds of appeal are on public record.

Now, I submitted a seperate appeal to the London Tribunal on 18th December that the EA decided to DNC on 24th December, and in that case summary it just says the EA has informed the Tribunal they will not contest and that the Chief Adjudicator has allowed it without considering the evidence.

If the EA in this one decides to not contest I don't want it just to say that, if I can help it. I want it to atleast acknowledge my grounds of appeal. Can I write to the adjudicator to request they do this?

Also, what happens in other situations, if the EA fail to submit evidence and contest the appeal, does the hearing go ahead? If they don't attend the hearing is that the same as a do not contest or will the adjudicator still have to consider my appeal and evidence? And if they submit evidence now, late, what happens? And in these scenarios does the adjudicator give a full written case summary?

As I said, I essentially want the issues with the EAs enforcement to be noted and on public record, whether that is the adjudicator's ruling or just a summary of my appeal grounds (I guess they can't really give a ruling on my appeal grounds if the EA has explicitly DNC, right?)

Sorry for all the questions, but I'm trying to prevent this happening again as the EA has set up a trap for large vehicles where they have no choice but to use a bus gate.

If they adduce no evidence by Wednesday, the Tribunal will call you the same day  and tell you not to attend as the game is over.  Personally, I would never choose a Thursday! And sit tight and do nothing.

This may interest you:

https://www.ftla.uk/news-press-articles/revealed-the-london-boroughs-that-cant-be-bothered-to-defend-thousands-of-parkin/msg104393/#msg104393

What's wrong with a Thursday? I didn't really choose the day, I just selected Monday to Friday

And yeah that was an interesting read. Some councils parking enforcement departments seem to take it very seriously in contrast. To the point where highlighting and evidencing an unlawful enforcement scheme is somehow a personal attack. I've had some good ones recently where Bexley Council believe they do not need to have signage for an overnight waiting ban zone for Heavy Goods Vehicles that covers the entire 60.5km borough, because.... they have told the registered keeper (the company I work for with over 900 drivers) previously that the restriction exists. They appear to believe this absolves them of their responsibility to signpost 

PM sent.

Ahh I see, thanks! I will keep that in mind in future.

The council submitted a DNC to the Tribunal portal yesterday.

I would ask them why.

Probably not worth the time. They have no obligation to give an actual answer to that, they can just say internal deliberations, or there's no recorded information held, or Legal Advice exemption or any crap like that.

Interestingly I have had no notification from London Tribunal even that the DNC was submitted. When do they plan to notify me that I don't need to attend the Tribunal video call hearing? 

I did send a request to the Tribunal on Monday requesting that they give a reasoned decision & case summary even if the council do decide to DNC. As it would be beneficial for our (company I work for) future compliance, and to prevent the same thing happening again by putting pressure on the council to fix the defects.

Whether they will do that or if they even do that at all, I have no idea but thought I'd ask them

1. A DNC is exactly that, whether they adduce evidence or not.

2. No adduced evidence is an automatic win.

In view of the seriousness of their PCN issues, I would press them for an explanation.