Author Topic: Is there any possibility of further legal action after winning a tribunal?  (Read 519 times)

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Last year we received a PCN for allegedly failing to make payment for parking. Our representations were rejected and we took matter to the Traffic Penalty Tribunal, argued our case and won. I have seen several other cases in the news and forums and the general wisdom seems to be that in cases like ours the council have you bang to rights. Even the adjudicator opened our hearing by saying "If I had a penny for every time I see one of these ...." - however after hearing our argument she adjourned the tribunal to deliberate the matter, asked us for further evidence (which we provided) and eventually decided in our favour (hurrah!).

Is there any chance at all that the council can now take further legal action, or is the matter definitely settled?

Thanks!

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READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, 

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

you need to post more info. the tribunal case ref No would be a good start. or download it redact personal details and post it up.
Quote from: andy_foster
Mick, you are a very, very bad man

Post the decision.

The council can ask the tribunal for a review. In a few cases, the high court has made judgments. Both avenues are open to appellants as well as the defending authorities.
« Last Edit: January 17, 2025, 11:29:06 am by stamfordman »

Is there any chance at all that the council can now take further legal action, or is the matter definitely settled?

Thanks!

Technically yes they can, but it's statistically about as likely to happen to you as a lottery win. Councils (and recipients of PCNs) can go to court, but they would be risking £000s in legal fees and have little chance of success. It only tends to happen when there's a big point of principle at stake that would affect hundreds of PCNs, such as the legality of wording used by a council on the back of all their PCNs, the lack of camera authorisations for all bus lanes, and so on.

If you let us see the decision, or give us the case number we can tell you if it's likely to be one of those... but it's almost definitely not.
« Last Edit: January 17, 2025, 08:43:26 pm by Grant Urismo »

Grant Urismo is right, it costs a lot !!

The actual legal mechanism available to both councils and appellants in PCN cases is called Judicial Review, and means a High Court judge assess the decision made by the adjudicator and decides if it was lawful or not. Normally if a council goes to JR, it is agreed with the High Court before the hearing takes place that the original appellant will not have to pay the PCN, the JR is for future cases. As said, these cases can end up costing a fortune. Transport for London took London Tribunals to court concerning Red Route parking decisions and won, for all the good it did them. They employed a KC !