Free Traffic Legal Advice

It's obvious that the wrong decision has been attached to your case so you'll need to contact the Tribunal.

But as it is the wrong decision, and therefore an admin. error, this cannot change what actually transpired at the hearing which at present only the OP knows.

OP, putting the wrong decision to one side, what did the adjudicator give as their reasons at the hearing? Did they refer to 'one of several cases' at that time or is this something you've latched on to later?

Call the tribunal and ask them to put up the correct decision on your case.

We can then look at it to see if it warrants a review (but have to say that's unlikely).

Thank you so v much. I am not keeping hopes high tbh. But quite disappointed with the process. I have called up the Tribunal as advised who mentioned that they have raised this with the case management and shall get back to me, perhaps in coming days.

Interesting. Sent an email as well for future documentation. Will post the group when I receive any further response / correspondence. Thanks a ton again !!

Dear members,

I am so pleased to share that I received my correct/revised decision stating that my appeal has been upheld - Hurray !! Many Thanks for the advice and support - it is highly appreciated.

For the benefit of other members in future, here is the reasoning.

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At this scheduled personal hearing the Appellant attended in person but the Enforcement Authority did not attend and were not represented.

A contravention can occur is a vehicle is stopped on a restricted bus stop or stand. The Penalty Charge Notice was issued under Regulation 10 of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022(the '2022 General Regulations') on the basis of a record produced by an approved device.

A bus stop clearway or bus stand clearway is one of the circumstances referred to in Regulation 11(1)(b) of the 2022 General Regulations, as an exception to the requirement that a penalty charge notice may be served only by the fixing of a notice to the vehicle by a civil enforcement officer who has reason to believe that a penalty charge is payable with respect to it.

There appears to be no dispute that the vehicle was stopped at this bus stop in Dulwich Road, as shown in the closed-circuit television (cctv) images produced by the Enforcement Authority.

The Appellant says that he is aware that he cannot stop on the bus stop and drove to park into the parking bay adjoining it but immediately realised there was not enough space. The Appellant explains that as he was trying to move on, the flow of traffic prevented him from doing so immediately as there were two oncoming vehicles and a cyclist, so he had to wait to avoid an accident.

I have had the opportunity of hearing the Appellant personally and accept what he tells me. The Adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law. Considering all the evidence before me carefully I cannot find as a fact that, on this particular occasion, a contravention did occur.  Accordingly, this appeal must be allowed.