Free Traffic Legal Advice

Called tribunal first thing and referred me to link on website https://shorturl.at/T1qGc

Now need to send letter setting out full grounds for review (assuming not a judicial review) as set out in the link.

I have the points I raised in posting on this thread on 1 April 2025 (below).  In addition have the point from HC Andersen re no evidence PCN and CC to hire company was cancelled by council.

Please advise on thoughts on content to submit in letter as soon as possible.

I am over 14 days but that will be addressed and mitigated however do need to get in asap.


Main points I picked up were:

- council officer claims vehicle "Volvo Jazz" was incapable of holding a bathtub.
Volvo Jazz does not exist.  Vehicle was Volco XC90 which is more than large enough to hold a bathtub as I have transported in my own XC90 many times.

- council officer claims receipt was fake because missing client name and address and so deemed fake
this was an independent shop which does not issue such receipts.  Further even Wickes doesn't issue such receipts.  They are accusing me and shop of lying and fabricating receipt

- council officer noted no loading was observed
loading was to occur as I had only gotten to the service counter when the CEO arrived

OK I think I understand.  Propose to send the below text to London Tribunals.  Does this work?

__________________________________________
Dear Sir/Madam,

Further to my call this morning I am writing with regard to Case Reference XXXX.

The Adjudicator's Decision was procedurally incorrect and the decision is not justified based on the evidence presented by the council in relation to the PCN in question.

The vehicle subject to PCN was a hire vehicle, being driven under a hire agreement.  The registered keeper and therefore presumed owner for these purposes was *****. As such the authority's evidence does not support their decision to relieve the owner of liability and demand a penalty from me. 

Had all the evidence been taken into account no reasonable adjudicator could have reached their decision as has been done.

This is a significant oversight on behalf of the Tribunal and therefore I request the decision be immediately rescinded.
_________________________________________

IMO, you need to state the grounds on which you are asking for a review.

As you understand it, the appropriate grounds are that 'a review is required in the interests of justice'.

The specific facts are that:

The vehicle subject to the PCN was a hire vehicle.The registered keeper and therefore presumed owner for these purposes was *****. If the authority wished to pursue the hirer in lieu of the registered keeper, and therefore be considered to be the 'owner' for these purposes, the regulations required the authority to have taken prescribed steps to satisfy themselves that 'ownership' may be transferred which would therefore have provided the lawful power to issue a PCN to the hirer.

However, the authority's evidence does not include the mandatory evidence i.e. notice of acceptance in respect of the registered keeper's representations and the mandatory evidence required under the Appeals Regulations.


Absent this evidence, which issue was not even considered by the adjudicator in this case as a precedent condition, I respectfully submit that the adjudicator could not find that the authority's demand for the penalty charge from the appellant was lawful.

I apologise for submitting this application late, but I had not previously considered that a council could have been capable of committing such procedural errors which were only brought to my attention after the hearing.