Free Traffic Legal Advice

The council should have uploaded an evidence pack at least 7 days before the hearing, and you should have access to it.

Did they?

Do yo? If so we need to be aware of anything in the evidence pack that justifies their position.

Greenwich is in a mess currently and doesn't supply evidence to the tribunal for a lot of contested PCNs so this may be another one.

Eg one of two cases yesterday.

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Case reference   2250246717
Appellant   xxxxxxx
Authority   Royal Borough of Greenwich
VRM   LD21HHO
PCN Details
PCN   GR2335011A
Contravention date   28 Mar 2025
Contravention time   08:05:00
Contravention location   Plumstead Common Road
Penalty amount   N/A
Contravention   Entering and stopping in a box junction
Referral date   -
Decision Date   11 Aug 2025
Adjudicator   Carl Teper
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice.

Reasons   
The Authority was successfully notified by the Tribunal on the 19 May 2025 that the appeal in relation to this Penalty Charge Notice would be heard today, the 11 August 2025 at 8:45am.

The Authority has failed to produce a copy of the Penalty Charge Notice or any other evidence.

Without a copy of the Penalty Charge Notice there is no evidence that a contravention occurred.

I must therefore allow this appeal without consideration of any of the issues raised by either party.

This is the Tribunal's position as expressed in a standing Practice Direction. As I understand it, your case comes under the 1993 regs(made under the 1991 Act):

https://www.londontribunals.gov.uk/sites/default/files/Practice%20Direction%2001-2025%20on%20behalf%20of%20ETA%2022%20May%202025%20-%20EA%20response%20to%20Notice%20of%20Appeal_0.pdf

Personally and having regard to this Direction, I don't know why the adjudicator in the quoted case had to convene a hearing when under the PD IMO this could have been dealt with administratively without bothering the appellant.

Well, there's at least the theoretical possibility that the Council might suddenly present the adjudicators with a compelling reason to ask for the case to be rescheduled.

Given how vexed the adjudicator who is having to give up his or her Saturday for nothing is likely to be by all this, I suggest looking into the adjudicator's power to award you costs. It's quite a high bar, and you'd only get a few pounds, but the experts here can probably tell you how to go about asking the adjudicator nicely and what to ask for.

I've just had multiple calls from someone at London Tribunals and given no evidence has been uploaded I was told there is no need to attend the hearing tomorrow as the appeal with be allowed.

I asked about costs and was told that I can apply in writing after the decision, which should come through on Monday.

Is this correct about applying for costs afterwards? I'm obviously pleased about the appeal being allowed but really want to force the issue with Greenwich rejecting the appeal of a clearly invalid claim.

I haven't actually uploaded any evidence other than the suggested live or two suggested earlier in this post, so will upload the letter I sent to the council

Full decision:

Not sure I fully appreciate the party "neither party attended" given I was told not to attend, but otherwise happy with the outcome.

Now on to applying for costs. Given it was frivolous to move to appeal out of principle I would like to apply for costs and £50 may be the extent of what I would be awarded but that's fine. I am also considering mentioning that I will donate the award to charity - would like to hear opinions on that.


Case Details
Case reference    2250279920
Appellant    Anna George
Authority    Royal Borough of Greenwich
VRM    GL11 DYG
PCN Details
PCN    GR23371040
Contravention date    -
Contravention time    -
Contravention location    -
Penalty amount    N/A
Contravention    -
Referral date    -
Decision Date    16 Aug 2025
Adjudicator    Louise Fisher
Appeal decision    Appeal allowed
Direction    

cancel the Penalty Charge Notice.
Reasons    

    This is an appeal by Ms George (the Appellant) against a penalty charge notice (PCN) issued by the Enforcement Authority (EA), on the basis that the contravention did not occur.

    The appeal has been decided on the papers, neither party having attended the re-scheduled video hearing of which they were given notice on 12 August 2025.

    Notice of the original hearing was issued on 10 June 2025 and followed by a request from the Appellant on 5 August 2025 for a reschedule to today's date.

    It is the responsibility of the EA to demonstrate that there has been a contravention. If I am satisfied from the evidence that there may have been a contravention, then the responsibility moves to the Appellant to demonstrate that, on the balance of probabilities, it is more likely than not that one of the available grounds of appeal is satisfied.

    In the absence of the PCN, the EA has not provided any evidence to demonstrate that they have complied with their obligation to serve a PCN on the Appellant.

    I therefore find that the Appellant has no case to answer.

    It follows therefore that I allow the appeal.

    The Appellant having been successful in their appeal, there is no payment to be made.

Of course, if they weren't so venal and rapacious and issue PCNs like confetti, they would have enough time, but they're obviously too thick and stupid to understand this.