The Case Summary is presented to the adjudicator. In itself it does not form evidence but refers to evidence e.g. the signs, your reps, CCTV of your car passing the signs etc.
IMO, anything which is included should, if intended to be material, exist as evidence.
So, where is the DfT guidance on School Streets which the council implemented?
'The use of conditional expressions such as 'Term time only' has been accepted by the Department of Transport for these schemes.' So where is it?
IMO, in both cases if it's not in evidence then it doesn't exist.
I would write back to Parking and Traffic Enforcement.
Sir,
PCN *********; Case No. ********
Thank you for a copy of the evidence you have submitted to the adjudicator in respect of the above appeal. I thank you for providing this at such an early stage because it gives me time to consider this in detail and for the authority to provide what appear to be missing items of evidence.
My request refers to the extracts from the Traffic Management Order and to your Case Summary.
TMO
1. Please provide me with the relevant provision within the TMO or any principal order which applies as regards 'traffic signs';
2. Please provide the relevant provision within this order or any principal order which applies to the effect that the prohibition may be varied summarily by officers of the Enforcement Authority or by any other means.
Case Summary
I refer to page 3:
Para. 1: Please provide the document(s) e.g. guidance etc. which form the basis of the council's assertion that:
'the use of conditional expressions such as 'term time only' has been accepted by the Department for Transport for these schemes';
'the signage in question..follows DfT guidance on School Streets'.
Para. 2
I cannot find the referenced appeal cases on the ETA database, have you quoted the correct numbers? I should be permitted to examine these as the authority wish the adjudicator to have regard to their reasoning and conclusion that 'this shows that adjudicators have upheld enforcement under similar wording when the signage meets statutory requirements'. At present, I cannot see how this statement helps the authority because one of the key issues at large and to be determined is whether in fact the council's signage does in fact meet statutory requirements.
Yours,
