3. PCN Code 47 - Essex County Council - Fyfield Road, Ongar
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #15 on: »
Quote from: H C Andersen on September 11, 2023, 05:17:23 pm

According to the OP the vehicle was driving through the bus stop therefore driving on the wrong side of the road which is illegal. There is no evidence that the vehicle had crossed traffic lanes to enter a parking place.

So, 'Sir, whereas the driver was clearly not driving as they should by driving through the bus stop on that side of the road, I submit that in itself this admission and the authority's lack of evidence to the contrary show that the contravention did not occur...

OP, pl let an experienced poster handle this in total.


Also, to whom is the NOR addressed, you via the company or the company? If the company, then IMO proof of your authority should be presented to the adjudicator, just as whoever represents you will need the company's authority, even if this is signed by you.

vehicle was driving through the bus stop therefore driving on the wrong side of the road which is illegal.

No law against driving on the wrong side of the road but doing so could be careless driving if the circumstances warranted it
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #16 on: »
@dan-75 I suggest you let @Pastmybest file the appeal on your behalf, technical appeals are not really suitable for DIY attempts.
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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: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #17 on: »
Many thanks guys, all interesting stuff.

@Pastmybest would be great if you could do the appeal for me, let me know best way to go about that?

Thank you.
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #18 on: »
Dan i will send you an PM with mt email then i will need you to sent me all unredacted correspondence. I will register the appeal submit a skeleton argument and attend the telephone hearing. It might help if you give me a phone number to submit to the tribunal so in the unlikely event that an adjudicator feels they need to speak to you they can, though i doubt it
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #19 on: »
The Traffic Penalty Tribunal does hearings over Microsoft Teams. A week before the hearing they send out the invite and you can either join the video call from a computer or a smartphone, or you can dial in on the phone. Unlike London Tribunals (which is limited to two participants), there is no practical limit to how many people can join the hearing.
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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
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Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
« Reply #20 on: »
Council did not contest. Costs applied for
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  3. PCN Code 47 - Essex County Council - Fyfield Road, Ongar