Free Traffic Legal Advice

I am not hoping for a miracle but just basic justice. Here is what I sent, I'd be shocked if review is not accepted and appeal allowed

I am writing to apply for a review of the decision made by Adjudicator Ms. Natalie Goffe on 7th October 2023 regarding Case number 2230384795, where my appeal against liability for the payment of Penalty Charge Notice LJ25354983 was refused.

This exact situation was already decided by Teresa Brennan on the 8th March 2023 case (case 2230095470, PCN LJ23107724) because evidence submitted by the council was unacceptable:

“The local authority provides photographs of a sign at the junction of Lambeth Walk and Lambeth Road that warns drivers that there is a bus lane on the left. The photograph is undated. None of the photographs provided by the council are dated. I find that the evidence shows that the signs in Lambeth Road have changed from a bus lane that is in operation from 7am to 7pm to a bus lane that is in operation at all times. As the council's photographs are undated and as I cannot read the sign in the CCTV footage because the camera does not focus on the sign I cannot be satisfied that the bus lane was clearly signed in accordance with the traffic order on 28th November 2022.”

Remarkably, the evidence presented in Case Number 2230384795 (October 2023) mirrors the undated photographs used in Case Number 2230095470 (November 2022). The council has repeatedly neglected to consider the actual facts when responding to appeals. Given that the evidence previously ruled unacceptable is being recycled for multiple appeals, there is a significant concern regarding a systematic denial of justice. The evidence used for the current case decision is factually incorrect, offering no insight into the present condition of the road signage. Furthermore, it appears that additional information I provided after receiving the council’s evidence was not acknowledged or considered in the final decision (including dated and recent pictures contradicting EA’s pictures), potentially indicating a procedural oversight.

In light of these considerations, I am compelled to seek a review under Regulation 12 of the Schedule to The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001. This request is submitted within the required 14 days following the Adjudicator's decision, and for your convenience, I have attached the prior decision which approved the appeal.


Given the serious and systemic flaws evident in the appeal process, I am also compelled to seek compensation and a formal condemnation of the Enforcement Authority's approach to handling appeals. It is apparent that the council has not evaluated my appeals — and likely many others — with the requisite level of honesty and consideration.

Thank you for your prompt attention to this critical matter. I look forward to your timely response.

There is a difference between fake evidence, historical pictures that may not be up to date and could/should be challenged and an adjudicator looking at CCTV, deciding from what they could see that the signage was adequate while ignoring anything else on signage as immaterial.

Which was it?

No shock , council sent a do not contest form and a refund.

Now I would like to explore compensation because they have tried to win knowing that they submitted false evidence to the tribunal.

Fyi, decision:

Thank you for your recent correspondence regarding the above Penalty Charge Notice that has been passed to me
by the Parking Appeals service.
Your comments have been noted together with your evidence supplied.
Although the PCN was issued correctly within the Traffic Management Order (TMO) stipulated enforcement times of
the restricted bus lane which are Mondays to Sundays inclusive 7am to 7pm, the discrepancy raised regarding the
signs has been noted/flagged to our signs and lines team and we have decided on this occasion not to contest the
case. Our records show that this PCN was paid following our Notice of Rejection and a refund of £130.00 has been
approved which you should receive within 28 days of this notice.
This authority will not be contesting your appeal against liability for the Penalty Charge Notice and therefore the
notice has been cancelled and the case is now closed. We have also written to the Parking Appeals Service
informing them of our decision.
Please note that each case is treated on its own merit and that you have now been made aware of the restrictions of
this bus lane and future Penalty Charge Notices (PCN) may not be cancelled.
Lambeth Council will not be issuing compensation as requested in your letter as the PCN is now cancelled and the
case is closed. You may with to visit the Environment and Traffic Adjudicator's website in relation to applying for
costs.
I trust this matter has been resolved to your satisfaction and we apologise for any inconvenience caused.

any way to claim compensation?

Amazing, some honesty from the council (I often bump into their Appeal reps at the tribunal and they are good eggs, we occasionally lock horns without any hard feelings as to who wins) so well done. We experts were sceptical but are delighted to be proved wrong.

Good to be honest!

Quote from: moctey on November 28, 2023, 03:59:22 pm

any way to claim compensation?

Firstly, well done.  Secondly, "compensation" does not exist;  however, if you wish to pursue an application for "costs", the threshold of wholly unreasonable conduct is rather high.  I know. Just won a case (as representative) re costs today and I had to get out my climbing equipment. And you will need one of us to represent you.

yes still interested, I find this as bad as submitting doctored evidence to the tribunal. Even if the threshold is high it should be above.

and yes sorry for the late reply, of course happy to share all the details, Case Reference: 2230384795 (refused)

since we know they have submitted the same undated evidence for several years, seems natural that all PCNs should be cancelled