3. Northumberland CC Penalty Code 30
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Author Topic: Northumberland CC Penalty Code 30  (Read 1436 times)

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Re: Northumberland CC Penalty Code 30
« Reply #15 on: »
Yes, next stage is TPT, Actually this is a no-brainer as they haven't re-offered the discount, naive idiots !
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Re: Northumberland CC Penalty Code 30
« Reply #16 on: »
Would you like me to represent you at the tribunal?
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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: Northumberland CC Penalty Code 30
« Reply #17 on: »
Yes please if that's ok with you. I don't really know what's involved now!
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Re: Northumberland CC Penalty Code 30
« Reply #18 on: »
I'll drop you a PM.
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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: Northumberland CC Penalty Code 30
« Reply #19 on: »
Outcome:

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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: Northumberland CC Penalty Code 30
« Reply #20 on: »
I'm obviously very happy with this result! Many thanks for all the help.

I'm not sure why the Council folded at this stage rather than earlier on in the proceedings as there was literally no difference in the argument presented. But I guess they just hope that people will give up and pay.
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Re: Northumberland CC Penalty Code 30
« Reply #21 on: »
Appeals are often dealt with by appeals officers, who are higher-up in the chain and more experienced that the staff who deal with earlier parts of the process.

About 35 to 40% of tribunal appeals end up not being contested.

However I also suspect a large part of that is due to the authority simply hoping people will just pay up.
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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: Northumberland CC Penalty Code 30
« Reply #22 on: »

Well done.

Their reasoning pre-appeal was irrational.

They had no evidence in the form of CEO's notes that your car was parked at any other time than when obs started in connection with the PCN.

You had evidence that your car left the parking place no later than the time on the receipt less time taken at and to travel to the petrol station.

It's not even as if it was the CEO's word against yours.
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Re: Northumberland CC Penalty Code 30
« Reply #23 on: »
Indeed, and ironically, if I had returned to my car two minutes earlier than I did, the parking attendant said she would have taken my word for it and not issued the PCN - I had a quick and pleasant chat with her, and fully accepted that having written it out she couldn't just rip it up, which is totally understandable.
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  3. Northumberland CC Penalty Code 30