Author Topic: Southwark Council, Code 01 restricted street during prescribed hours, single yellow, CPZ G, Gainsford Street  (Read 988 times)

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As well as our Admin, @cp8759 being the expert here on links in reps, another of our learned members, @Hippocrates is expert with finding fatal errors in some Southwark paperwork/website guidance, so I would wait for them to comment before finalising your draft and submitting, but do not miss deadlines.
« Last Edit: January 21, 2025, 05:09:12 pm by John U.K. »

As well as our Admin, @cp8759 being the expert here on links in reps, another of our learned members, @Hippocrates is expert with finding fatal errors in some Southwark paperwork/website guidance, so I would wait for them to comment before finalising your draft and submitting, but do not miss deadlines.
Definitely, I have more than a week to prepare this, and the legwork of taking the videos is already done.

I seems to recall an expert member mentioning Southwark is usually on top of such procedural issues, but a look would be appreciated.

And to answer my own previous question, it appears you cannot see the evidence packs from other appeals as a third party.
If you're referring to evidence packs at the tribunal then no, obviously you cannot see the evidence that other appellants have put before the tribunal.

Here's a few tips for your representation:

1) You've got a couple of videos so put them as unlisted videos on youtube and then you can use the view count to prove they've not looked at them
2) If you can upload a video (not the same as the one you're giving them a link to) then do that as well, the council will often fail to provide video evidence from appellants to the tribunal and that would be another procedural impropriety

I think you should raise the issue of signage now, but in the first instance it would be helpful if you could show us the videos in question.
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

My appeal was allowed yesterday. Unfortunately, I was unable to attend (and neither did the council). There is a lack of adjudicators and the system is strained, at least that is what the clerk told me when they rescheduled me for the 2nd! time.

Many thanks to stamfordman and cp. The link viewer worked (the council did not view the videos), but it did not come to that, the adjudicator agreed the sign is improperly placed. I hope this helps someone in the future, as this is the 2nd time the council has lost an appeal pertaining to this sign and I don't see them changing anything about it any time soon.

Well done in seeing this through. Some adjudicators are receptive to such shortcomings in CPZs.

Case reference   2250085141
Authority   London Borough of Southwark
Contravention date   02 Nov 2024
Contravention time   20:49:00
Contravention location   Gainsford Street
Penalty amount   GBP 130.00
Contravention   Parked restricted street during prescribed hours
   

Decision Date   05 Jun 2025
Adjudicator   Andrew Harman
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   This appeal was listed for video hearing before me today.
Neither party to the proceedings attended.
It now falls to me to decide the appeal on the papers.
The contravention alleged in this case is that this vehicle was parked in a restricted street during prescribed hours, this street falling with a controlled zone.
Upon the appellant raising the issue of signage, he on his case entering the controlled zone at the intersection of Tooley Street and Shad Thames.
There does not appear to be any dispute, my having seen the council's map and site report evidence produced at 'H', that there is one controlled zone sign at this location, posted on the left of the carriageway, as shown in the council's image 5.
I am not satisfied on the appellant's submissions, supported by the video and other evidence he provides, that this signage would have been visible to him on his turning into Shad Thames, and I accordingly find that this contravention has not been proved.
The appeal is allowed.