Free Traffic Legal Advice

Quote from: taffer87 on February 08, 2024, 02:51:40 pm

Thinking of uploading this next week in advance of council evidence pack and can then edit / add anything after council evidence

No, as I've told you privately, don't submit anything until the council has shown their hand. There is literally zero reason to upload anything now.

After all, for all you know they might not submit anything at all and then you just win by default.

Interestingly they have offered the £65 discount again if the appeal is unsuccessful.

How exact does the PCN that the council includes in the evidence pack need to be? Is it supposed to be an exact copy as there are some minor differences eg.

Is this a winner on its own?

Front page differences:

Council copy says: "Who Believed That the Following Parking Contravention Had Been Committed"
Actual PCN says: "Who had reason to Believe That the Following Parking Contravention Had Been Committed: 12"

Council copy says: "or without payment of the parking charge"
Actual PCN says: "or without payment of the parking charge (shared use bay)"

Council copy says: "The penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred."
Actual PCN says: "The penalty charge must be paid no later than the last day of the period of 28 days beginning with the date on which the penalty charge notice was served."

Council copy says: "notice is served, the penalty charge will be reduced by 50%"
Actual PCN says: "notice is served ("the 14 day period"), the penalty charge will be reduced by 50%"

Council PCN has this which actual PCN does not have: "View any photos of the contravention at www.lambeth.cov.uk/parkingphotos Please allow up to 5 working days to view"

Also, council copy has no row for CEO signature

Back of PCN

Text looks all the same, actual PCN has a "I am idler" image at the end but assume this is irrelevant.

Re the hyperlink to the video evidence. This case is very relevant

2210208756

Appeal allowed
Direction cancel the Penalty Charge Notice.
Reasons
The Authority has not complied with the requirements for providing CCTV evidence directed by the Tribunal in the Chief Adjudicator's Practice Direction which reads:

'The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 require parties to an appeal to deliver evidence to the Proper Officer. Evidence must be submitted in an immediately accessible form. It is expected that when an enforcement authority is relying on moving images, where a DVD containing the evidence is not provided, the relevant CCTV evidence will be presented in a file containing the uploaded evidence and included in the authority’s evidence bundle. Providing a hyperlink to an authority’s website is not considered to be a proper delivery or submission of evidence. Authorities will also be aware that using this system has resulted in adjudicators allowing appeals, when they have been unable to access or view evidence; this does not occur when the evidence is correctly submitted. The evidence form category type K, will be amended to refer to “CCTV uploaded evidence” and from 4th April 2020 authorities must submit the evidence in the required format. (Providing the evidence in DVD form under category type J “unscannable evidence” remains acceptable).'

Therefore I do not have before me any CCTV evidence showing the appellant's vehicle stationary in the box junction. Stills are not adequate evidence as I cannot be satisfied the vehicle is stationary. The Authority cannot rely on any evidence or apparent admissions made by the appellant. I must decide if the Authority has shown there is a case to answer before I look at the appellant's evidence. In this case it has not done so.

It is for the Authority to prove its case and in the absence of adequate evidence it has not done so. I therefore allow the appeal on that basis.