Author Topic: Tower Hamlets PCN appeal rejected  (Read 3735 times)

0 Members and 45 Guests are viewing this topic.

Re: Tower Hamlets PCN appeal rejected
« Reply #60 on: »
Does anyone have advice on whether I have a chance with the adjudicator please?
As you asked in your initial post, "do I have a chance", I would say yes, because when you parked you did what you were required to do. However, we can never predict what an adjudicator will decide, so it would be something of a gamble. The adjudicator decides on the civil law test of "the balance of probabilities", therefore your appeal narrative must be credible.
Like Like x 1 View List

Re: Tower Hamlets PCN appeal rejected
« Reply #61 on: »
LT hearing tomorrow. Wish me luck! Any further advice would be much appreciated.

Re: Tower Hamlets PCN appeal rejected
« Reply #62 on: »
Just got off the meeting with adjudicator. Sadly, I lost the appeal. I’ll update the post with the decision asap. Really frustrating

Re: Tower Hamlets PCN appeal rejected
« Reply #63 on: »
The 16.15 hrs one?
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Tower Hamlets PCN appeal rejected
« Reply #64 on: »

Re: Tower Hamlets PCN appeal rejected
« Reply #65 on: »
I'll send the number to @cp8759 tomorrow when it is published and he will do the honours.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Re: Tower Hamlets PCN appeal rejected
« Reply #66 on: »
2250258476    

    This is an appeal by Mr Khan (the Appellant) against a penalty charge notice (PCN) issued by the Enforcement Authority (EA) for parking in a restricted street during prohibited hours.
    This was decided at a video hearing.
    The EA states the Appellant’s vehicle was parked in Warley Street on 27 December 2024 at 09:33 hours. They state that the yellow line restrictions at the location apply from Monday to Friday 08:30 hours to 17:30 hours. The Civil Enforcement Officer’s (the CEO) evidence states that the PCN was issued after observing the vehicle parked with no activity between 09:28 hours to 09:33 hours. The CEO’s contemporaneous notes also state that they looked for a Blue Badge and none could be seen.
    The EA has produced photographic evidence of the vehicle and the PCN affixed to the vehicle. They have also produced correspondence with the Appellant dated 23 January 2025 and 29 April 2025.
    It is the Appellant’s case that no contravention occurred. In their representations the Appellant stated that their mother is a Blue Badge holder, of which they have provided evidence, and resides with the Appellant. They state that the Blue Badge was displayed correctly on the dashboard when they parked the car, but that the car was hit in the rear and the Blue Badge was displaced and fell on the floor. The Appellant has provided an invoice dated 12 April 2025 in relation to the repair of the damage caused.
    The Appellant further asserts that it is unfair that the discounted penalty was not reoffered with the Notice to Owner, which they consider is procedural impropriety.
    I am satisfied from the evidence that the contravention did occur. The Appellant’s vehicle was parked with no activity, and no Blue Badge was displayed on the vehicle.
    I further find that the EA has responded to the Appellant within the appropriate timescales and there has been no procedural impropriety on their part. The photographic evidence taken by the CEO when they issued the PCN shows the PCN affixed to the Appellant’s vehicle and therefore the PCN was served for the purposes of Regulation 9 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022. The EA also extended the time for paying the discounted penalty on 23 January 2025 in their Notice of Rejection. In any event, I find that there is no requirement on the EA to offer the discounted penalty for any period beyond the time indicated in the PCN.
    The matters raised by the appellant amount to mitigating circumstances, which have already been considered by the EA. They do not amount to a ground of appeal, or an exemption. An Adjudicator has no power to consider mitigation as decided by the Court of Appeal in Walmsley v Transport for London [2005] EWCA Civ 1540.
    I therefore refuse the appeal and find that the penalty charge is payable.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Re: Tower Hamlets PCN appeal rejected
« Reply #67 on: »
Well, this has not been an easy thread but at least @Jamran tried.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r
Like Like x 1 View List

Re: Tower Hamlets PCN appeal rejected
« Reply #68 on: »
Unbeatable PCNs are beatable and I have lost unloseable cases.

The ebst chance for a poor case is that the council decide to DNC (do not contest it).
A 50% gamble though.

The council had to pay a £30 tribunal fee. They hate those.
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.
Like Like x 1 View List

Re: Tower Hamlets PCN appeal rejected
« Reply #69 on: »
Outcome.

Quote
The matters raised by the appellant amount to mitigating circumstances, which have already been considered by the EA. They do not amount to a ground of appeal, or an exemption. An Adjudicator has no power to consider mitigation as decided by the Court of Appeal in Walmsley v Transport for London [2005] EWCA Civ 1540.

Many litigants in person get this in their decisions, and this is a good illustration of why it's really advisable to seek representation especially in tricky cases. We are far from infallible, but at least none of us put mitigation to the adjudicator.
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

Re: Tower Hamlets PCN appeal rejected
« Reply #70 on: »
Adjudicators do make recommendations to cancel parking PCNs usually when they see compelling mitigation ignored by authorities. I don't think this case was at that level.
Like Like x 1 View List

Re: Tower Hamlets PCN appeal rejected
« Reply #71 on: »
'It is the Appellant's case that no contravention occurred.'

How and why the adjudicator morphed this into 'mitigation', I've no idea.

IMO, if the adjudicator believed that a valid BB had been displayed correctly within the limits applicable to waiting on SYL then they could have found for the appellant under 'penalty exceeded....circumstances of the case'

Re: Tower Hamlets PCN appeal rejected
« Reply #72 on: »
Is that it or can I appeal it further?

Re: Tower Hamlets PCN appeal rejected
« Reply #73 on: »
Is that it or can I appeal it further?

The criteria for a review are rather stringent. There are too many disconnects in this case and we don't really know what you said in your appeal, and hearing.
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: Tower Hamlets PCN appeal rejected
« Reply #74 on: »
Basically she leaned onto the fact the contravention occurred when the CEO issued the ticket so the EA did not do anything wrong or procedurally inappropriate. Burden of proof is on me to show otherwise. I explained to her they didn’t tell me what was “sufficient evidence” and the cards are stacked against me as the only move I can take is to pay up or go to adjudication. How is that fair? They didn’t give me an opportunity at appeal stage to provide them with whatever the “sufficient” evidence is and now at this stage you’re saying you can’t do anything as they issued the PCN correctly at the time. So how’s that fair on the motorist? Additionally, I’m yet to see what sufficient evidence is. She basically said that’s all discretionary and she can’t do anything at this stage.
« Last Edit: August 12, 2025, 03:10:34 pm by Jamran »