3. PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
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Re: PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #30 on: »
Quote from: cp8759 on June 26, 2024, 07:53:44 pm
@ATB but with Trafford we have the 0845 argument as per Paul Bateman v Derbyshire County Council, and if you take this to the tribunal the case won't be heard for months.

If you can take a photo every time you happen to go there between now and the hearing, you should have plenty of evidence to put in front of the adjudicator.

Ahhh ok, this could change things if you think there's a good chance that could hold up and if I can get some pics of the van/s usually in the way - typically they probably won't be there now when I next go haha!

If it did go to tribunal, I'm assuming I'd need to attend in person - where would this likely be?
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Re: PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #31 on: »
Quote
I'm assuming I'd need to attend in person - where would this likely be?

TPT have given up on in person hearings: choice between personal (telephone) or on papers. We never, ever, recommend a decision on papers - tends to end in disaster,  as there is no opportunity to explain or clarify points.

See here
 https://www.trafficpenaltytribunal.gov.uk/
for the process.
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Re: PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #32 on: »
I admit, there is -ONE- which is on the opposite side of the road as you enter Brook Close and usually obscured by a tall van which is parked next to it, see below

So on the occasions when it's not obstructed the sign is clear and.......

Neither of the 2 GSV shots shows a van and one cannot be seen in the background of the CEO's photos. So why should an adjudicator kick the council's claim to a penalty into the enforcement long grass simply because you assert that on this occasion the sign was obscured? IMO, the Traffic Signs etc. regs, LATOR and the Traffic Signs Manual are in the enemy camp.
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Re: PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #33 on: »
Quote from: H C Andersen on June 27, 2024, 05:49:57 pm
Neither of the 2 GSV shots shows a van and one cannot be seen in the background of the CEO's photos. So why should an adjudicator kick the council's claim to a penalty into the enforcement long grass simply because you assert that on this occasion the sign was obscured?
It's only on the balance of probabilities, we only need to show that on this particular occasion there was a van.

@ATB tribunal hearings are done via video call, and you always have the option of asking one of us to represent you.
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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 TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #34 on: »
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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 TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #35 on: »
Hi all,

The 14 day deadline to pay the reduced fee ended at midnight last night, and I'm afraid to say I ended up paying :( As much as I really wanted to fight this as, although I accept I parked in a permit area, I really didn't see the single sign due to a van in the way, however given I really don't know when I'll next be in the area to try and take a pic of the common sighting of the van (which may or may not be there next time), and hence then having to rely on the 0845 number and LATOR regs (the latter which they rejected at the appeal) with the risk of then having to pay £70 - I just caved in I'm afraid to get it off my plate and will have to put this one down to experience :(

I really want to thank everyone for your time and input however, it really is hugely appreciated and hope you're not too disappointed in me :( More than happy to pay a donation to the running of the site to thank you all for your knowledge and efforts!
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Re: PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close
« Reply #36 on: »
Logged
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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  3. PCN TR10516584 - Trafford Council - Parked in a permit space without valid permit - Code 16 - Brook Close