Author Topic: Redbridge PCN, Code 31j Stopping in a box junction, Horns Road (A) / TFL, yellow box, near B&M  (Read 1090 times)

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Hippocrates

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@cp8759 do you have any cases in support please? Hearing is 11th.

https://app.box.com/s/ijc56ggswtshxwrlqx9k62r4lsb367jx

NOR: 14th March deadline.

Case summary:  13th March deadline.  Take Your Pick:  Take the money or open the box.

Another main issue: no discount offered.

This case has definitely impacted upon my counting skills.
« Last Edit: June 08, 2024, 04:29:55 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ

cp8759

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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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 nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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zzzatang

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Andrew Malpass v London Borough of Bromley (2240008359, 7 February 2024)


Following the precedent set in the Andrew Malpass v London Borough of Bromley case, I contend that the PCN issued to me is defective due to the following inconsistencies:

Contravention Location: The PCN incorrectly specifies the location as "HORNS ROAD (A)". There is no designated area with this name. The accurate location is simply "HORNS ROAD". The inclusion of "(A)" appears to be an internal reference used solely by the Council and has no bearing on the actual location.

Notice of Representation (NOR) Date Discrepancy: A discrepancy exists between the date listed on the NOR (page 1) 03-April-2024 and the date indicated in the "office only section" of the London Tribunals documentation 02-April-2024. This inconsistency renders the NOR defective.

Furthermore, the reduction of the appeals period constitutes a significant defect, as previously discussed.  In my case, the wording within the NOR not only shortens the allotted time for submitting representations, but the issuing authority demonstrably reduced the actual time allowed by two days. Additionally, the council increased the penalty amount before the legal timeframe for representations had expired.

It is crucial to distinguish my case from the examples provided by cp8759. In those cases, the PCN itself contained an incorrect appeals period. While the PCN itself appears accurate in my case, the Council's implementation of the deadlines is demonstrably inconsistent with the information presented on the PCN. The truncation of the appeals period was solely implemented by the Council's actions.

Hippocrates

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OP has a firm grasp. I only use cases if necessary though.  ;)
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ

Hippocrates

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Won on the premature issue of the Charge Certificate. :D  ;D  :)
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ
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Hippocrates

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The appellant attended the hearing today via telephone. Mr Morgan appeared before me to make submissions on their behalf in accordance with those set out in writing. Upon the point being raised by Mr Morgan. The PCN was issued on 15/02/24. A charge certificate was issued on 15/03/24. The council was empowered to issue a charge certificate 28 days from date of service of the PCN. It however had done so within 28 days of its date of issue in breach of the Regulations and to the potential prejudice to the appellant in the conduct of their appeal. I was satisfied for those reasons that enforcement may not be pursued.
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ
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zzzatang

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A big Thank you to @Hippocrates , @cp8759 and this forum for all your help and guidance to get my appeal accepted.

Please feel free to reach out to me if you have any questions or queries about this PCN.

Hippocrates

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I am not quite convinced that their conduct was wholly unreasonable - a high threshold to meet. But, what the hell?
« Last Edit: June 12, 2024, 10:31:32 pm by Hippocrates »
There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends a hearing, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know through no fault of their own.

"Hippocrates"

ἔοικα γοῦν τούτου γε σμικρῷ τινι αὐτῷ τούτῳ σοφώτερος εἶναι, ὅτι ἃ μὴ οἶδα οὐδὲ οἴομαι εἰ
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