Author Topic: Tribunal Victory: 53c restriction of vehicle entering ped z. Hatherley Mews E17  (Read 1019 times)

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The adjudicator found something I missed. The TMO was invalid. Anyone who gets a ticket for this can appeal with adjudicator bdecause the TMO does not mention access, only loading.

I was hanging onto poor visibility of sign from drivers POV as my argument. The Adjudicator wasn't having any of it, repeating they hear this argument all the time and its always dismissed. The legal requirement is one sign. Video is provided below:





My second point was while I did admit to loading outside or allowable hours. there is a unrestricted access permission. Access is catch all for everything. The council did not address this point on my informal appeal. The adjudicator unfortunately did not comment on this defencse specifically. But he looked up the TMO himself and saw that it did not say anything about access on there. therefore the sign is invalid as it does not corroborate the TMO.


It's a bitter sweet victory because my main defense was not acknowledged. The adjudicator (Barrister) was rushed and promopty ended the phone call after upholding my appeal. I wanted to ask what his verdict would be if there TMO was valid. WOuld my "access" fallback be a valid defence or not.

PCN at the bottom

redacted infraction from still of video at bottom as well for others to confirm their case



« Last Edit: June 12, 2024, 02:37:05 pm by Plywood-Enthusiast »

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2240206997 is the tribunal case. Use this for slam dunk victory at tribunal.

Decision here.

Well done, I'll get hold of the traffic order and post it on here.
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 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

So, you went to adjudication with meritless arguments and the adjudicator saved your bacon. Hardly cause for your implied criticism of them I would have thought.

You think that 'access' as a term covers passing the signs for the purpose of unloading at any time, despite 'loading'(and its legal derivatives) being allowed between midnight and noon only. I suggest you don't try this on elsewhere.

IMO, 'access' as commonly understood does not support your view, but as 'access' isn't specified in the exemptions then the signs do not comply with para. 3.2(traffic signs)..as well as the order itself exceeding its legal powers as per RTRA.