3. NTO Newham 01a blue badge
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Re: NTO Newham 01a blue badge
« Reply #15 on: »
@Fazzy did you register the appeal online, and opt for email communication? You should have had an email telling you the hearing date, and you could have then simply checked the tribunal portal for the council evidence (because, you know, it's 2024 and we have this thing called the internet).

The case has not been decided yet (or at least it's not on the public register) and I infer from your post above that you requested a decision on the papers, which is more or less the worst thing you could possibly do. I suggest you call up the tribunal tomorrow morning, ask if there has been a decision, and if there hasn't change the hearing to a personal or telephone hearing.

If you are able to get a hearing, tell us the date!

And please tag me in your response on here or I might not see it in time.
« Last Edit: February 21, 2024, 08:53:53 pm by cp8759 »
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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: NTO Newham 01a blue badge
« Reply #16 on: »
Quote from: cp8759 on February 21, 2024, 08:52:13 pm
@Fazzy did you register the appeal online, and opt for email communication? You should have had an email telling you the hearing date, and you could have then simply checked the tribunal portal for the council evidence (because, you know, it's 2024 and we have this thing called the internet).

The case has not been decided yet (or at least it's not on the public register) and I infer from your post above that you requested a decision on the papers, which is more or less the worst thing you could possibly do. I suggest you call up the tribunal tomorrow morning, ask if there has been a decision, and if there hasn't change the hearing to a personal or telephone hearing.

If you are able to get a hearing, tell us the date!

And please tag me in your response on here or I might not see it in time.

@cp8759 I have managed to get the log in details from my sister and taken control! I've called the tribunal and have got the hearing changed to telephone for the 5th of March at 10am. I've never done one of this so sorry if the questions sound silly. Am I required to say anything during this telephone call? Do I disclose information about who was driving/parking etc?

Also do I upload the details about delayed evidence from Newham on the online portal now? as a word doc?

Thank you all and I'm not sure why I'm feeling nervous!

Editing to add: Ive checked the original thread on pepipoo and noticed there were few more replies on there which I missed. Shall I add this bit too:

@Schofeldt

Furthermore, the PCN itself contains a procedural error that invalidates it. Schedule 2 paragraph 2 states
(d)that the penalty charge must be paid within the period of 28 days beginning with the date on which the alleged contravention occurred,
However, the PCN I received states that payment is due within 28 days from the date of service, not the date of the alleged contravention. This discrepancy constitutes a procedural impropriety that renders the PCN invalid.

https://www.legislation.gov.uk/uksi/2022/71/schedule/2

Case No 2230448785 courtesy of Mr Mustard
« Last Edit: February 26, 2024, 10:38:00 am by Fazzy »
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Re: NTO Newham 01a blue badge
« Reply #17 on: »
I've sent 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: NTO Newham 01a blue badge
« Reply #18 on: »
Thank you to cp8759 for his kind offer of representation. Before deciding to accept the paid help, I wanted to know if the chances of a win is possible with self representation on the hearing date? I guess if the chances are slim then I have to seek help from an experienced member as the $130 fee would be much harder to manage. I feel partly responsible for giving my sister false hope that this case can be won at the tribunal stage hence the forfeit of the discounted rate so please can I have honest advice on what the best option would be. I would love to win this without having to get my sister to pay anything if that's possible!

Thanks.
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Re: NTO Newham 01a blue badge
« Reply #19 on: »
OP, the contravention grounds which gave rise to the penalty which is being demanded are: Parked in a restricted street during prescribed hours.

Let's now deal with their evidence.

Either:
1. The traffic order creates the restriction referred to in the PCN, that is to say a simple waiting restriction; or

2. The traffic order does not. 

Taking 2 first. If the order doesn't, then there's no restriction to contravene. Appeal allowed.

Taking 1. There is an exemption required to be included in ALL traffic orders to the effect that holders of a BB which is correctly displayed(that is to say with a clock set to the quarter-hour of arrival) are exempt from the restriction for up to 3 hours. It's the law.

There is no issue that the authority accept that a BB was correctly displayed.

That's it. Appeal allowed. And if I were you I'd ask the adjudicator for a steer as regards costs(although your apparent appeal grounds of 'TMO invalid' were wide of the mark).
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Re: NTO Newham 01a blue badge
« Reply #20 on: »
Quote from: Fazzy on February 26, 2024, 01:55:38 pm
Thank you to cp8759 for his kind offer of representation. Before deciding to accept the paid help, I wanted to know if the chances of a win is possible with self representation on the hearing date? I guess if the chances are slim then I have to seek help from an experienced member as the $130 fee would be much harder to manage. I feel partly responsible for giving my sister false hope that this case can be won at the tribunal stage hence the forfeit of the discounted rate so please can I have honest advice on what the best option would be. I would love to win this without having to get my sister to pay anything if that's possible!

Thanks.
"paid help". I don't believe cp8759 is expecting a fee for representing you. A charitable donation at your discretion perhaps.
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Re: NTO Newham 01a blue badge
« Reply #21 on: »
Thank you H C Andersen. That has put my mind at ease.

@Enceladus - It was a paid service offered as I was feeling nervous to do it myself. But I'm feeling more confident to go it alone now thanks to all the advice. Thanks @cp8759 for looking at the evidence for me.
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Re: NTO Newham 01a blue badge
« Reply #22 on: »
To be honest the basic point is very straightforward: it's a waiting restriction, not a loading restriction, so you can park with a blue badge. The relevant provision is regulation 8 of The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 and it's a simple enough point that you should be OK on your own.

The authority's submissions about a blue badge being only relevant where parking isn't prohibited is the most brain-dead submission I've ever seen: if parking isn't prohibited, anyone can park even without a blue badge.
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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: NTO Newham 01a blue badge
« Reply #23 on: »
I just wanted to update on the hearing: I'm pleased to say the adjudicator (Mr Teper) decided to cancel the fine but not on the grounds of incorrect code. He read out the codes 01a and insisted it was the right one issued. He instead allowed it on the basis that the terms were not clearly displayed and it could be confusing to someone parking. He asked me lots of questions about if I knew I was not allowed to park there or if I read the terms because the terms were clear on paper apparently. I highlighted the deminis point about being 30cm over the restriction and he also picked up on the terrible spelling mistake on the lamppost etc. I also pointed out the long time between the NTO being served which he took on board.

Anyway I'm just happy its over with. Thank you to everyone for your help over this 11 month on this PCN.
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Re: NTO Newham 01a blue badge
« Reply #24 on: »
good work well done for sticking with it.

this case does bring up something that bothers me. That being the prevalence of experts taking on cases but taking them off the forum. In this case a charge for helping was requested but the Op felt they were not in a position to pay it.

IMO if an expert is to charge for their help or representation this should be made clear whilst the case is still on the forum, they can then continue to offer help if they wish but also another expert who does not wish to charge a fee would also be able to pick up the case as a representative before as in this case it was to late 
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Re: NTO Newham 01a blue badge
« Reply #25 on: »
Quote from: Pastmybest on March 06, 2024, 11:26:13 am
good work well done for sticking with it.

this case does bring up something that bothers me. That being the prevalence of experts taking on cases but taking them off the forum. In this case a charge for helping was requested but the Op felt they were not in a position to pay it.

IMO if an expert is to charge for their help or representation this should be made clear whilst the case is still on the forum, they can then continue to offer help if they wish but also another expert who does not wish to charge a fee would also be able to pick up the case as a representative before as in this case it was to late

Yes: well done for the perseverance and not joining The Mugged Club.

I do not charge, and neither does one other member;  rather, if won, I invite the OP to make a donation to my charity, The Princess Alice Hospice.  Most people offer to reimburse my travel fare.

Regarding taking the case off forum, I do this merely for the reason that I do not want prying eyes to see the arguments.  But, I take your points. :)
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IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Re: NTO Newham 01a blue badge
« Reply #26 on: »
Charging or not is not the issue. I do not charge and only if an Op offers do i ask that they make a donation Always to a children's hospice but if they have a favorite then that is fine. I have suggested a different worthy cause to one OP which they were happy to do.

To me the OP should know from the start, and whilst i take your point re prying eyes if an Op is not happy to pay in most cases our combined knowledge and experience is always going to be of benefit 
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