Free Traffic Legal Advice

I think clearly this applies: "will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator" but there is no instructions on how to claim a review


From their website:

After the decision has been made
There is no automatic right of appeal against the adjudicator's decision. However, in limited circumstances a decision can be reviewed.

The grounds for review are:

The decision was wrongly made because of an error by our administrative staff;
You failed to appear or be represented at a hearing for some good reason;
There is new evidence, the existence of which could not have been reasonably known of or foreseen before the decision; or
The interests of justice require a review. You should note that an adjudicator's findings of fact are normally regarded as final and will only be overturned if they are plainly incompatible with the evidence that was before the adjudicator. The mere fact that you disagree with these findings is not a ground for review.
A review will only be granted if an adjudicator is satisfied that one or more of these applies. A review is NOT simply an opportunity for you to appeal again. You will not be granted a review just because you disagree with the adjudicator's decision.

I found that I should write them, is there a chance to overturn by sending a letter like this?

Head of Support Services
London Tribunals
PO Box 10598
Nottingham
NG6 6DR

08/10/2023

Dear Sir or Madam,

Application for Review
Case number: 2230384795
Penalty Charge Notice number: LJ25354983
Date of Adjudicator’s decision: 7th October 2023

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.

I wish to apply for a review under Regulation 12 of the Schedule to The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001, within the stipulated 14 days following the adjudicator’s decision.

I seek a review for the following reasons:

1. **Inaccurate Evidence from the EA:** The decision was based on the EA's evidence, which I believe to be outdated and undated. This reliance led to a decision that I find erroneous, as it can be discredited through an on-site visit or consultation with Google Street View.

2. **Overlooked Supplementary Evidence:** A potential procedural error occurred when my supplementary evidence was submitted after the initial case submission. This evidence, crucial for my case, appears to have been overlooked or disregarded during the adjudication process.

To elaborate further, the final decision states: "The signage is also clear and compliant". However, the supplementary evidence I submitted post-initial case submission distinctly shows the signage is turned, making it non-visible to road users, thereby challenging the adjudicator's statement and the final decision's validity. This clear discrepancy between the adjudicator’s statement and the actual situation on the ground as supported by my evidence renders the decision "plainly incompatible with the evidence that was before the adjudicator", providing grounds for a necessary review.

I respectfully request the evaluation of my application for review, with a detailed assessment of the new and previously overlooked evidence to ensure a fair and just re-evaluation of the case.

I appreciate your attention to this matter and await your prompt response.

Yours sincerely,

Please,

Without knowing the background or detail it is impossible to offer any meaningful advice about your chances of a review.

PLease post the case number and exactly what you submitted as an appeal.

The bar for review is set high

A review is NOT simply an opportunity for you to appeal again. You will not be granted a review just because you disagree with the adjudicator's decision.

Anyone know if Lambeth have all the relevant certificates for the cameras?

They do, but whether that particular camera is covered by the certificate is anyone's guess.

I had a slam dunk case but oddly I lost.

No, you lost because you went for a decision on the papers. If you'd exercised your right to a hearing, there may well have been a different outcome. I think you'd be wasting your time asking for a review, because there is nothing in your review application that you couldn't have said at the hearing, if you'd had one.

The reference number for the case can be found in the letter I have sent. I wish to seek clarification on two particular points:

1. **Strength of Argument:**
I approached from a side road, with the only preliminary warning being a white sign featuring a bus - a symbol that is, in my view, not self-explanatory. Moreover, this sign was rotated 180°, rendering it completely invisible from my vantage point. Upon entering the bus lane (where I believe it isn’t intuitively obvious to moped drivers that entry is restricted), the subsequent signs were accurate. However, I neither had adequate time to exit the bus lane nor did it make logical sense to do so, given I intended to make a left turn after traveling less than 50 meters in the lane. Does the misoriented sign not serve as a strong argument in my favor? My assumption was that it constituted a significant point, but should it be deemed weak, my case might be untenable.

2. **Prior Case Precedent:**
Interestingly, I previously won an identical case where the council had supplied undated photographs, a fact I didn’t initially notice. In the current situation, I explicitly noted the absence of dates on the pictures, provided up-to-date images showing the signs’ altered positions, accused the council of deliberate deception, and requested financial compensation for their intentional misinformation. To my astonishment, none of these arguments were acknowledged or addressed.

3. **Concerns Regarding Paper Appeals:**
Could you please elucidate why appeals submitted in paper form are seemingly ineffective or disadvantageous?

ok makes sense for the hearing

pre warning sign yes, but didn't get a chance to see a warning sign. I have been caught before passing the first blue sign. How could I know that this bus lane was not permitted to moped when all TFL road around are. 50 yards is nothing... blatent bleach, yes if you've had signs to be warned. In my case I had no signs.

any for me the worst is that the council used undated/outdated evidence, I have made this FOI:

Dear Lambeth Borough Council,

I have noticed that on Lambeth Walk leading to Lambeth Road, the white sign featuring a bus symbol is not visible as it is rotated 180°. This situation leads to road users receiving Penalty Charge Notices (PCNs) without proper advance warning typically expected in such scenarios. In light of this, could you please provide information on the following:

1. How many PCNs have been issued at Lambeth Road (W) to individuals who entered from the side road and later contested the signage visibility in their responses?
2. Out of the aforementioned number, how many PCNs were subsequently cancelled?
3. When was the issue of the rotated sign first reported to the council?
4. When the council presents cases against road users at Lambeth Road (W) – irrespective of their approach route – photographic evidence is submitted to the Environment and Traffic Adjudicators to demonstrate compliance with sign visibility standards. It has come to my attention that the council consistently uses the same image for this location. Could you please provide the date on which this recurring photograph was initially captured?
5. In cases where individuals feel unjustly penalized due to outdated or inaccurate evidence submitted by the council (for instance, when the photographs used do not reflect the current state of the signage), what is the appropriate contact or email address for them to seek refunds for charges incurred as a result of adjudication by the Environment and Traffic Adjudicators?

I await your prompt response.

Yours faithfully,

It is very unlikely that a review will go anywhere. It was a decision based on a factual finding, there has been no error in law. I expect you will receive the standard letter refusing a review.

These are the staistics for bus lane reviews in the year to March 22

Applications 51
Accepted as meeting the criteria for review 18
Allowed 3
Refused 15

I am a motorcylist, lots of bus lanes allow powered 2 wheelers in them, usually TfL but not always, but not it seems Lambeth. I also think their bus lane is clear enough without a blue plate, just on the thick white line. You need to look as far ahead as you can see when driving.

Even if you request a review the PCN is still payable now, within 28 days of the tribunal decision.
You get refunded later if by some miracle you gain and win a review.



[ Guests cannot view attachments ]