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last call for any free advice please?

Sorry only just saw your reply. When I logged in to the London tribunal website yesterday, the only option was to 'appeal online' which I did and requested a personal hearing. I said that Lambeth had not addressed my representations and that it was unclear which aspect of the section 86 of TMA 2004 the DK fulfils. Also that I will rely on their submissions in the hearing.

I have received a confirmation saying that the tribunal will consider my appeal and let me know if it's accepted within 7 days. Does that mean Lambeth have to submit their representations within this time or is it only after it's accepted? It says I can submit additional evidence up to 7 days prior to the hearing.

Hi, is anyone else able to advise with my representation please? I will be representing myself but just need a bit of help with my wording in the E&TA appeal. Am going to use a similar tactic to PMB which recently resulted in a DNC from Lambeth for the same contravention at this location: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/27-parked-in-a-special-enforcement-area-adjacent-to-a-footway-lowered-streatham/msg28819/#msg28819

Full submissions should be submitted upon receipt of the council's evidence pack. I trust you are confident to represent yourself? PMB and cp8759 have given you very sound advice. What is the the other case number please?

Case Reference: 224043292A

I have a hearing scheduled for 23rd October. Received confirmation this morning. It says that I should receive Lambeth's submissions at least three days prior but I thought they had to submit their evidence within 7 days of me lodging the appeal?

I'm relatively confident but was not prepared to pay for representation.

Where did you get this 7 days from? If the council contests it has to send the pack in reasonable time, at least 5 days before hearing I think.

From PMB in the other thread:

'Then I would argue that the council had not complied with the requirement to submit to the tribunal a true copy of the PCN the representation and the notice of rejection within 7 days of being notified of an appeal'

What other thread?

Quote from: gge12 on September 26, 2024, 10:22:21 am

Case Reference: 224043292A

I have a hearing scheduled for 23rd October. Received confirmation this morning. It says that I should receive Lambeth's submissions at least three days prior but I thought they had to submit their evidence within 7 days of me lodging the appeal?

I'm relatively confident but was not prepared to pay for representation.

Where did you get this 7 days from? If the council contests it has to send the pack in reasonable time, at least 5 days before hearing I think.

@stamfordman:
It took a lot of digging, but eventually I found in
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/schedule/1

Action upon receipt of notice of appeal and copy of such notice

3.—(1) Upon receiving a notice of appeal the proper officer

(of the tribunal)

must—

(a)send an acknowledgement of its receipt to the appellant, and

(b)enter particulars of the appeal in the register.

(2) If the proper officer is satisfied that the notice of appeal is made in accordance with paragraph 2, the proper officer must send to the enforcement authority—

(a)a copy of the notice of appeal, and

(b)the directions extending the period for appealing (if any).

(3) Where an enforcement authority receives a copy of a notice of appeal sent to it under sub-paragraph (2), the authority must, within seven days of the day on which it receives that copy, deliver to the proper officer of a copy of each of the following—

(a)the original representations,

(b)the relevant penalty charge notice (if any), and

(c)the notice of rejection.

I am not sure if there are separate regulations for the London Tribunal.

That's interesting - not come across it before and thanks for digging it out.

I wonder if authorities mostly comply with it as I wonder if the tribunal(s) close the case in favour of the appellant when then don't. It's not something, I presume, that can be ascertained from the evidence pack.

Thanks really to @Pastmybest. who started this hare running.
I assume the letter enclosing the Evidence Pack may carry a date, or the e-mail to which it is attached?I'll start a thread in the Flame Pit, which may be more appropriate as it may affect multiple cases.

Playing devil's advocate: if it does apply in London, the tribunal may plead that it allows latitude to appellants, so why not to EAs?