Free Traffic Legal Advice

What date did you send reps. Looks like they've just scraped in the 56 day limit.

Sorry I have been away for work and was just sent this by someone checking my post. That's why I asked them to send me the response by email.

Shall I make any changes to my original challenge? Is it possible to submit electronically?

Any further advice would be appreciated, can I tell them I've only just received it?

Good Morning,

I have received a date for the hearing. This would be my first, so I would appreciate any advice on what to expect and what I need to prepare.

https://imgur.com/a/tJSBX67

Thanks

In the Evidence Pack there should be
a 2-3 page document saying why they think the appeal should be dismissed,
and
a list of contents.

Post these here and the experts here will let you know if they need to see anything else.

EDIT

https://imgur.com/a/tJSBX67

Imgur cannot be seen in the UK - please use
ibb.co or https://imgpile.com/
for posting images.
Wherever possible, use the BBCode.)

Can anyone offer any guidance on my case please, it is on the 12th of February.
Many thanks in advance.

Not familiar with parking and traffic law is an understatement. No I did not use AI to generate the letter.

In the councils notice of rejection they indicated they did not consider Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) with this statement" Furthermore, we note your reference a Traffic Parking Tribunal (TPT) case, but we are unable to view this on the TPT website. " . Is this not another point of appeal? Strangely they were able to find this case with no problem in the evidence pack they sent.

My intention was to find a case in which a case was thrown out due to the council not considering the evidence put forth to them. In my ignorance I used the legislation for moving contraventions as opposed to parking. I believe the relevant regulations I should have used to put my point across was, regulation 5(2)(b) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 which makes clear an Appellant is entitled to have the points they raise properly considered by the Enforcement Authority. I hope I am on the right track with this now.

Also in their statement they claim the Russo vs Plymouth City Council case is irrelevant to my own as in that case a payment was actually made and in my case no payment was ever made?

Do I need to submit anything to the tribunal before the hearing?

Appreciate all your feedback.

Please see below my new draft and kindly give me any feedback. Do I need to send this to the council or tribunal before the hearing?



Dear Sir/Madam,

I make representations on the following grounds the contravention did not occur and there has been a Procedural impropriety on the part of the Enforcment Authority.

1. The contravention did not occur. As the authority will see from their evidence (the CEO's photos) the restriction in effect is given in the traffic sign which states: Pay by phone or Text or Pay at the machine and display ticket. Clearly, displaying a ticket is an optional matter for a motorist and therefore the contravention grounds of 'Parked without displaying a ...ticket or voucher' cannot be correct or even permissible contravention grounds because, among other matters, they deny the owner the defence of having purchased parking rights By Phone or Text. Contravention grounds must be correct and comprehensive in order to alert an owner to their possible applicable defences. If the authority believes that use of these grounds where payment By Phone or by Text or by purchasing and displaying a ticket are valid then they must explain the legal basis for this assertion when London Councils' Schedule of Contravention Descriptions already lists the correct grounds i.e. Parked
without payment of the parking charge. I would also like to draw your attention to a precedent in the following case of Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) which was argued on similar grounds and the adjudicator concluded the contravention did not occur. The council has indicated that case is irrelevant as there is no evidence of payment in my case. However one wonders if they have read the judgment in full which stated in point 15 that " the contravention alleged in the PCN did not occur because there was no requirement to, and it was not possible to, display a valid virtual pay & display ticket, even if Mr Russo had obtained one. "


2. Procedural impropriety. By the councils own admission in the Notice of Rejection they did not consider the Lydia Russo vs Plymouth case cited above as they were unable to access it which I find hard to believe as I was able to locate it a normal member of the public. I believe the council did not consider the evidence put forth to them as required by regulation 5(2)(b) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 which makes clear an Appellant is entitled to have the points they raise properly considered by the Enforcement Authority. I would like to refer to previous hearing number 2210280742 in which the adjudicator stated the following " In my judgment an Appellant is entitled to have the points they raise properly considered by the Enforcement Authority pursuant to its duty under regulation 5(2)(b). On this occasion the authority has failed to do this. "

Kind Regards,