Author Topic: TFL, 46: Stopped where prohibited (on a red route or clearway), O/S Greencourt HSE, Mile End Road E1  (Read 1095 times)

0 Members and 42 Guests are viewing this topic.

I don't understand points 1 and 3, there is only one obviously arguable ground, unless something useful emerges from the evidence pack. You have the rationale of adjudicator Anderson's decision so I suggest you write something based on that.

I also don't understand what you mean by "if it goes to that level", you're already at that level, the only alternative is to give up and pay.
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

I don't understand points 1 and 3, there is only one obviously arguable ground, unless something useful emerges from the evidence pack. You have the rationale of adjudicator Anderson's decision so I suggest you write something based on that.

I also don't understand what you mean by "if it goes to that level", you're already at that level, the only alternative is to give up and pay.
Ok, Will go ahead with No 2 as the appeal rationale.  Will they sent a notice to keeper  ?

Ok, Will go ahead with No 2 as the appeal rationale.  Will they sent a notice to keeper  ?
There is no such thing as a "notice to keeper" under the legislation. You need to re-read the notice of rejection, it clearly explains the next steps. You have 28 days to pay the penalty or appeal to the tribunal, there is no other choice / option.

If they have provided an appeal form then great, if not then just make your own notice of appeal, make sure to include everything required by paragraph 2(2) of Schedule 1 to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 and email it to queries@londontribunals.org.uk together with a copy of the notice of rejection. Make sure to request a hearing.
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
Like Like x 1 View List

Ok, Will go ahead with No 2 as the appeal rationale.  Will they sent a notice to keeper  ?
There is no such thing as a "notice to keeper" under the legislation. You need to re-read the notice of rejection, it clearly explains the next steps. You have 28 days to pay the penalty or appeal to the tribunal, there is no other choice / option.

If they have provided an appeal form then great, if not then just make your own notice of appeal, make sure to include everything required by paragraph 2(2) of Schedule 1 to The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 and email it to queries@londontribunals.org.uk together with a copy of the notice of rejection. Make sure to request a hearing.

I was reading the appeal - Ayman Labib v Transport for London (2240513624, 18 January 2025).  The wording mentioned in my PCN is different than what was mentioned in this 18th January case.  Are you sure this rationale is applicable for my case regarding procedural impropriety ?

From the same appeal it mentions this statement, but it is not present in my PCN
""You should now make full payment for the outstanding PCN(s) within 28
days of the service of this Notice. The amount(s) currently due is set out
below. For those PCNs held at the discounted penalty charge amount, we
will provide you a further 14 days beginning with the date of this notice to
pay and close the PCN at that rate. If the PCN(s) remain unpaid after this
14-day period, the penalty charge due will revert to the standard penalty
charge amount as stated on the PCN."
At the bottom of the NoR it is written, "Outstanding Balance: £80"."

Look at the fourth paragraph of the second page of the NoR. Also nowhere does the NoR tell you what the statutory amount is.
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

Look at the fourth paragraph of the second page of the NoR. Also nowhere does the NoR tell you what the statutory amount is.
Let me draft the appeal here for review today