Author Topic: PCN for forgetting to renew my 6-month Southwark resident parking permit  (Read 1029 times)

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brian1939

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #60 on: January 23, 2024, 02:52:08 pm »
The adjudicator's 'allowed in part' decision seems sketchy and unfair. Southwark Council were found to have initially issued an inflated penalty, yet now they benefit from amending it during the review last minute, even though they had the opportunity to rectify their error earlier in my inital appeals. I've lost more confidence in the tribunal procedure.

« Last Edit: January 23, 2024, 09:10:18 pm by brian1939 »
As a Christian, I truly despise the evil present in some people. When possessing the power to rectify unjust circumstances for others, they consciously decide not to do so, yet later, when life subjects them to similarly unjust situations, they expect mercy.

cp8759

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #61 on: January 23, 2024, 05:52:26 pm »
I'm waiting for the decision to be published on the portal, it sounds like a novice adjudicator whose come over from RUCA to ETA.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

cp8759

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #62 on: January 24, 2024, 02:56:25 pm »
I would apply for a further review on the basis that the decision is, on its face, ultra-vires. Having found that a statutory ground of appeal was made out, the adjudicator has no power to allow an appeal only in part.

Regulation 7(5) of The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 provides that:

(5) If the adjudicator concludes that a ground specified in regulation 5(4) applies, the adjudicator—

(a) must allow the appeal, and
(b) may give such directions to the enforcement authority as the adjudicator considers appropriate for the purpose of giving effect to that decision.


The term "must" indicates a statutory duty, the adjudicator had no discretion to exercise and he acted ultra-vires in purporting to do so. Once he made his findings of fact, the only course of action open to the adjudicator was to allow the appeal.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

H C Andersen

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #63 on: January 24, 2024, 04:35:23 pm »
+1.

OP, do you know how to apply?

brian1939

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #64 on: January 24, 2024, 05:54:31 pm »
@cp8759 @H C Andersen

I'll prepare a draft. Would the review request be made the same way I made the previous review request? i.e. by uploading the request letter to the London Tribunal portal?
As a Christian, I truly despise the evil present in some people. When possessing the power to rectify unjust circumstances for others, they consciously decide not to do so, yet later, when life subjects them to similarly unjust situations, they expect mercy.

cp8759

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #65 on: January 24, 2024, 08:45:51 pm »
@cp8759 @H C Andersen

I'll prepare a draft. Would the review request be made the same way I made the previous review request? i.e. by uploading the request letter to the London Tribunal portal?
Either that or you email it to the tribunal.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

brian1939

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #66 on: February 08, 2024, 02:11:46 am »
@cp8759 @H C Andersen

I have a review on 26th Feb. I'll keep you updated.
As a Christian, I truly despise the evil present in some people. When possessing the power to rectify unjust circumstances for others, they consciously decide not to do so, yet later, when life subjects them to similarly unjust situations, they expect mercy.

brian1939

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Re: PCN for forgetting to renew my 6-month Southwark resident parking permit
« Reply #67 on: February 28, 2024, 02:29:10 am »
@cp8759 @H C Andersen,

The adjudicator spent most of the hearing revisting the original decision that prompted the first review, but also spent time discussing the details of the last review hearing, and never focused on the ultra vires issue. At the end of the hearing, he stated he needed more time to think about things and will email his final decision within the next few days.

Maybe I'm missing something, but I was under the impression the purpose of tribunal review is to focus on what prompted the review in the first place. It seems these last 2 adjudicators know what the right thing to do in this situation is, but don't want to upset the council. Everytime this particular adjudicator, and even the previous one, were just about to make a decision, they'd stop themselves. At least that's what I sensed.
As a Christian, I truly despise the evil present in some people. When possessing the power to rectify unjust circumstances for others, they consciously decide not to do so, yet later, when life subjects them to similarly unjust situations, they expect mercy.