3. LTN Sign Removed After PCN Issued
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Re: LTN Sign Removed After PCN Issued
« Reply #15 on: »
Notice of Rejection

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Re: LTN Sign Removed After PCN Issued
« Reply #16 on: »
WTF is the '14 day period' for paying the reduced sum?

Anyway, putting this to one side you were observed 'driving through an area...' blah blah.

WTF?

Who cares?

Do they have evidence that at the time stated in the PCN (18.14) your vehicle was driven INTO the zone past the signs?
« Last Edit: April 13, 2025, 10:24:58 pm by H C Andersen »
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Re: LTN Sign Removed After PCN Issued
« Reply #17 on: »
Quote from: H C Andersen on April 13, 2025, 10:23:19 pm
WTF is the '14 day period' for paying the reduced sum?
Good point but we would need to show prejudice to make it solid, that can probably be done.

Quote from: H C Andersen on April 13, 2025, 10:23:19 pm
Do they have evidence that at the time stated in the PCN (18.14) your vehicle was driven INTO the zone past the signs?
The allegation isn't entering a zone, but rather passing a motori signs prohibition, so they may well have such evidence. Whether they would produce it at the tribunal is another matter.
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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: LTN Sign Removed After PCN Issued
« Reply #18 on: »
Agreed.

But setting aside the OP's admissions - here at least- there doesn't seem to be evidence of the OP passing into the zone at the time alleged. I take the view that as appeals are against the rejection of reps, then all evidence must be in play at the reps stage and that to introduce key evidence of the facts(as opposed to the legal framework e.g. TMO etc.) after the reps procedure has been completed should not be permitted.

I'm also intrigued by the concept of a double-sided sign!
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Re: LTN Sign Removed After PCN Issued
« Reply #19 on: »
Quote from: H C Andersen on April 14, 2025, 07:43:20 am
But setting aside the OP's admissions - here at least- there doesn't seem to be evidence of the OP passing into the zone at the time alleged. I take the view that as appeals are against the rejection of reps, then all evidence must be in play at the reps stage and that to introduce key evidence of the facts(as opposed to the legal framework e.g. TMO etc.) after the reps procedure has been completed should not be permitted.
I think the decision in The Queen on the Application of Bedi v The Traffic Adjudicator [2022] EWHC 1795 kiboshes that point.
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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
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  3. LTN Sign Removed After PCN Issued