3. Medway Code 01 - Parked in a restricted street during prescribed hours
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #60 on: »
Quote from: John U.K. on February 11, 2025, 02:22:30 pm
Quote
I will make the formal representation online on their Website

Please to post draft here for comment before submitting, but do not miss deadlines.

EDIT

I should have spotted that you have a draft in Reply#49

Formal representation submitted as per CP8759 draft in Reply#49 through online portal.


Many thanks 
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #61 on: »
Received a Formal rejection letter to my representation.

Link to the rejection letter

https://ibb.co/tTC21CVp


Please, I need help in appealing to an independent adjudicator at the Traffic Penalty Tribunal.

Never done this before.  I don't know the process; what is involved or what to expect.

Thanks
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #62 on: »
Why the heavy redaction.

cp's earlier reference to 'failure to consider' needs to be tested against their reasoning....but there is no reasoning, just a defective decision.

Never underestimate the systemic stupidity of councils!
« Last Edit: April 16, 2025, 09:52:14 pm by H C Andersen »
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #63 on: »
No offer of the discount means it is now a total and absolute no-brainer to take them to London Tribunals because the penalty remains the same and there are no additional costs. Even if you lost, you have at least made them do some work for their ill-gotten gains, and also they will have had to pay £30 to the adjudicators.

Can you un-redact everything except name and address, please. This is not a murder trial !
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #64 on: »
Quote from: Incandescent on April 16, 2025, 08:03:34 pm
Can you un-redact everything except name and address, please. This is not a murder trial !
Indeed, and even if it were a murder trial you wouldn't want to withhold that amount of information from your legal advisers.

Aside from the name and address, there is no need to redact anything else.
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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: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #65 on: »
Sorry, what I uploaded yesterday only, removed my details.

Imgur must have done that heavy redacting.

I have tried several times to upload it again and I keep on having the same heavy redacting on the first page.
I don't know why. 
I will have to try again later or just copy and paste the top bit redacted in a word document.

I have uploaded other letters its never done this.

I might have accidentally pressed an option when I was having difficulties uploading the letter that did that. The uploading page froze several times.


« Last Edit: April 17, 2025, 03:42:45 pm by JOJO1209 »
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #66 on: »
Link to the 1st page of the Notice of Rejection

https://ibb.co/nM47wKfk


Link to the original letter with the heavy redaction. Until I can figure out why


https://ibb.co/v663wKHQ
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #67 on: »
Sadly, whoever compiled your rejection has not been let loose just on you but must deal with scores of representations.

Their reasoning is so bad that it brings local government into disrepute.

Register appeal.

I rely upon my formal representations would do for the moment.

Elect for a personal hearing(it would be done by video link).
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #68 on: »
Well the rejection seems like a pile of nonsense to me, and one thing I would want to deal with in the notice of appeal is what Parking Services are required to do. They say "Parking Services are required to enforce all parking regulations", this begs the question of who is requiring them to do this? It sounds like an unlawful fettering of discretion to me.

Anyway I would not advise a DIY appeal and I will PM you in case you'd like me to represent you.
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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: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #69 on: »
Link to the Rejection of my Formal Representation. This should be a clear copy without the mysterious heavy redaction.

https://ibb.co/V02b0mrc


Link to my Formal Representation

https://ibb.co/CKFqgZ92

Link to my Informal Appeal

https://ibb.co/XwzqCCW

Link to Rejection of my Informal Appeal:
https://ibb.co/KcHbykms

@ HC Andersen, Please can you confirm which of these appeals/representation you are suggesting that I register with the TPT. Or should I use both or a combination?


Thanks
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #70 on: »
I already posted that you should at this stage register your appeal and rely upon your formal reps i.e. the contravention did not occur.

Don't overthink or overcomplicate this. It is not the Scopes trial, it is a local authority misapplying the law while they remain judges in their own cause.

But now they're not, and someone who has a reasonable level of legal training will address their minds to the issue, IMO in your favour.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #71 on: »
Thanks.

Will do
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #72 on: »
Update
Appeal registered with TPT 25th April 2025 (25/04/25).
Waiting for Medway Council to respond.
« Last Edit: May 20, 2025, 08:43:13 pm by JOJO1209 »
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #73 on: »
Their latest response date is triggered by your hearing date..

...which is? 

If you did not request a personal hearing (I believe telephone or video) then pl do so.
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Re: Medway Code 01 - Parked in a restricted street during prescribed hours
« Reply #74 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
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