3. LB of Ealing Code 53J
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Re: LB of Ealing Code 53J
« Reply #15 on: »
IMO, the alleged contravention is 'Failing to comply with a restriction on vehicles entering a pedestrian zone'.

So, what's a Pedestrian Zone?

The TSRGD defines this as:

"pedestrian zone”
   an area—
(a)
which has been laid out to improve amenity for pedestrians; and

(b)
to which the entry of vehicles is prohibited or restricted

I can't see that (a) is a matter for a TMO, therefore only (b) applies.

So, does the TMO provide that 'the entry of vehicles is prohibited or restricted' and is this signed accordingly?

'3. No person shall cause any motor vehicle to enter or proceed in the prescribed street....'

Seems to meet the criterion.
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Re: LB of Ealing Code 53J
« Reply #16 on: »
Hello again cp8759
I hadn't been on this site since the last post in April as there was nothing to comment on.
My tribunal is being heard 5th June.
So from the traffic order you received, how should this be interpreted in my case??
Thank you in advance.
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Re: LB of Ealing Code 53J
« Reply #17 on: »
Just saw at the very bottom of the traffic order, the morning restricted time finishes at 9.10!
The sign says 9.20 and I was filmed at 9.18, so definitely a blatant contradiction with the order.
That should definitely win my case don't you think?
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Re: LB of Ealing Code 53J
« Reply #18 on: »
@Twasbrillig I have no idea, has the council contested your case?

You can easily check by logging onto the tribunal portal at https://londontribunals.org.uk/ and checking if they're uploaded any evidence, if they have then the traffic order they rely on will be at evidence item B.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: LB of Ealing Code 53J
« Reply #19 on: »
Yes the council has contested the case.
I'm looking forward to the tribunal. Thank you for the offer to attend but I'm happy to do this myself.
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Re: LB of Ealing Code 53J
« Reply #20 on: »
Quote from: Twasbrillig on May 28, 2024, 07:57:40 pm
Yes the council has contested the case.
I'm looking forward to the tribunal. Thank you for the offer to attend but I'm happy to do this myself.
@Twasbrillig why don't you upload a redacted copy of evidence item B so that we can double check?

By the way when's your hearing?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: LB of Ealing Code 53J
« Reply #21 on: »
I WON!!
Clearly the TMO shows 9.10 conflicting with the INCORRECT sign showing 9.20. Idiot council, wasting everyone's time.
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Re: LB of Ealing Code 53J
« Reply #22 on: »
Quote from: Twasbrillig on June 05, 2024, 05:30:07 pm
I WON!!
Clearly the TMO shows 9.10 conflicting with the INCORRECT sign showing 9.20. Idiot council, wasting everyone's time.
Well done !
Can you give us the case number please.
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Re: LB of Ealing Code 53J
« Reply #23 on: »
@Twasbrillig well done indeed!

Obviously the force was with you  :)

Outcome here.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: LB of Ealing Code 53J
« Reply #24 on: »
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: LB of Ealing Code 53J
« Reply #25 on: »
Quote from: cp8759 on June 09, 2024, 07:16:19 pm
@Twasbrillig well done indeed!

Obviously the force was with you  :)

Outcome here.
This just shows what pieces of dogpoo they really are. This sort of thing really disgusts me, and if I were in power, such acts would result in instant dismissal without compensation.
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