Author Topic: East Herts Council, code 45 Parked on a taxi rank, Fore Street, Hertford  (Read 1331 times)

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I used to deal with this issue on pepipoo a few years ago.  I would PM cp for his thoughts re an application for a review.
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

Well at least they had to do at least some work for their money !

@spinningfish I'm so sorry you didn't PM me before your appeal, as this could have been pushed the other way. As I work full time and am often swamped with appeals as it is, I can't always stay up to date with the forum.

To everyone else, if an OP is in this position in the future please tell them to PM me as soon as they get a notice of rejection.
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

@spinningfish I've had a look and it seems to me that the appeal could have been won, but I don't see that the adjudicator has made any obvious error.

The argument that should have been pursued is that, in the absence of the broad yellow line, there was nothing to put a blue badge holder on notice that it was necessary to check the upright sign, so the overall signage was inadequate within the meaning of regulation 18 of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996.

I can't see any scope for a review because ultimately you're not entitled to a second bite at the cherry, the argument should have been put forward the first time round.

The only thing I can say is that if you're ever in this position again please PM me before the hearing, this is the sort of case where having a professional representative could have made all the difference.
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

Thank you for all your help. I think that’s a very salient point and hopefully one that will help other people in a similar position.

Great forum and fabulous advice from all.

Thanks again!