Author Topic: Redbridge - Stopped in Taxi Rank - George Lane  (Read 2939 times)

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Redbridge - Stopped in Taxi Rank - George Lane
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The driver of the vehicle(wife) parked on George Lane and made a mistake confusing Sunday with Saturday restrictions as she was in a hurry and unfortunately got a ticket.  The signs require a bit of thinking to figure out, but they are quite clear once you interpret them properly.
I am not sure if there are any grounds to contest this.  However MrMustard has highlighted a procedural impropriety in another thread which can potentially be used here - quoting here.
"There is a wording error on the PCN which arises out of a legislative change in 2022. The PCN should say you have to pay it within 28 days of the alleged contravention date but it says date of service. That is a procedural impropriety in my view which means an adjudicator must cancel the PCN if they agree."

Given this worked previously can this be used again to cancel the ticket ?


PCN





Picture



Sign



Google Maps Link

https://maps.app.goo.gl/RTz6S1iZdUi4bo9X6

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Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #1 on: »
Mr Mustard has more experience than me, but I think this is thin gruel, as I'm not sure adjudicators are of one mind on this one, bearing in mind it is a Regulation 9 PCN, so served at the roadside to the vehicle, (or driver) as soon as the PCN is printed. Certainly the council won't give way so you's have to risk the full PCN penalty at London Tribunals for an unbiased decision.

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #2 on: »
Mr Mustard has more experience than me, but I think this is thin gruel, as I'm not sure adjudicators are of one mind on this one, bearing in mind it is a Regulation 9 PCN, so served at the roadside to the vehicle, (or driver) as soon as the PCN is printed. Certainly the council won't give way so you's have to risk the full PCN penalty at London Tribunals for an unbiased decision.
Is there any other option ? I have yet to do the appeal

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #3 on: »
Yes, pay-up !
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Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #4 on: »
There's no point in paying at this stage, as we get two shots at making representations before the discount is lost, so we might as well give it a go.

There's the issue Mr Mustard has identified, but we also have the fact that the traffic order might be defective. On top of that, none of the photos we've seen prove a contravention, @flash2005 please give us the PCN number and the number plate so that we can look at the council photos.
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: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #5 on: »
There's no point in paying at this stage, as we get two shots at making representations before the discount is lost, so we might as well give it a go.

There's the issue Mr Mustard has identified, but we also have the fact that the traffic order might be defective. On top of that, none of the photos we've seen prove a contravention, @flash2005 please give us the PCN number and the number plate so that we can look at the council photos.

PCN - AF06741795
Reg - YU02SEF


Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #6 on: »
The Council order is somewhere on Pepipoo under a similar thread.

The one issue we have never bottomed out for this taxi rank is that it is a TfL appointed one. This has been the case ever since the Slug and Lettuce used to be called the Lizard Lounge.

The photo of the sign has the TfL rank details to the top.

https://content.tfl.gov.uk/tfl-taxi-ranks-booklet.pdf

At one stage TfL only allowed black cabs on their ranks.

I wonder what sort of agreement TfL have with the Council for this rank and whether this gives us "wriggle room".

Mike

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #7 on: »
Well the best photo of the sign is the one that you've taken yourself, so definitely don't send that anywhere, these are the council photos:











This is the map tile and the TMO is here.

I think your best bet might be the strategy of last resort which is described here, however that would be reliant on you having some relevant and meaningful mitigating evidence to put to them.
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: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #8 on: »

I think your best bet might be the strategy of last resort which is described here, however that would be reliant on you having some relevant and meaningful mitigating evidence to put to them.

I have subscription to a service called docsend.com, which allows you to track when the link is opened.  There are 2 options - one is where you can force the person to enter an email id before they can open the link and the another one is where they can just open the link, and you can track when it was opened how much time they spent reading it.  Does that work ? Which option is better ?

Being dyslexic - is that a good mitigating circumstance to get confused between saturday and sunday as well as figuring out the overlapping parking slot timings in the signs ?

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #9 on: »
I have subscription to a service called docsend.com, which allows you to track when the link is opened.  There are 2 options - one is where you can force the person to enter an email id before they can open the link and the another one is where they can just open the link, and you can track when it was opened how much time they spent reading it.  Does that work ? Which option is better ?
Definitely the second, I'm not sure the first would be acceptable at all to the tribunal. Normally I'd set up the links myself, but if you have the ability to do that then so much the better, saves me a bit of time.

Being dyslexic - is that a good mitigating circumstance to get confused between saturday and sunday as well as figuring out the overlapping parking slot timings in the signs ?
Is there evidence of dyslexia that can be provided via a link? And anything illustrating its severity?
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: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #10 on: »
Definitely the second, I'm not sure the first would be acceptable at all to the tribunal. Normally I'd set up the links myself, but if you have the ability to do that then so much the better, saves me a bit of time.
Which service were you going to use ? This subscription I have for link tracking is associated with my work so was a bit wary of using it for a personal situation and would use it only as a last resort.  If there is another alternative, then I would prefer that.
Is there evidence of dyslexia that can be provided via a link? And anything illustrating its severity?
There is a very old report(more than decade old) which is available.  will that work ?

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #11 on: »
I use https://short.io/ unless it's a video, in which case I just put an unlisted video on youtube.

You can use the report but isn't there anything more recent? Would the be anything on the driver's medical history?
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: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #12 on: »
I use https://short.io/ unless it's a video, in which case I just put an unlisted video on youtube.

You can use the report but isn't there anything more recent? Would the be anything on the driver's medical history?
It is a PDF report which can be included in the link

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #13 on: »
@cp8759 - Here is the report link for testing, I have tried to use the website recommended.  I have uploaded the PDF on dropbox, but if you have a better recommendation let me know.

https://cgr8.short.gy/XdWzA2

Re: Redbridge - Stopped in Taxi Rank - George Lane
« Reply #14 on: »
That looks fine but you need to create a new link that you should not publish anywhere nor open yourself, as you need the click count to remain at zero.

Try drafting a representation and put it on here for review.
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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