Free Traffic Legal Advice

Appeal Allowed - although on a technicality rather than acknowledging the lack of signage onsite.
Huge thanks for your support and getting me clued up on tribunal process

Introduction

This appeal was listed as a personal hearing, and the appellant attend the hearing via Teams, the Authority did not attend.

Appellants case

The appellant's case is they are a permit holder for Wood Street North and on the day in question they were parked slightly outside the bay marking in an off street parking facility. The appellant states the only sign at the location states "permit holders only" and does not convey motorists may be penalised if they park outside the bay markings nor are there any signs in the vicinity to instruct motorists of the conditions of use of the private land.

Authority's case

The Authority relies upon the evidence of the civil enforcement officer who states the appellants vehicle was parked incorrectly within the markings of a bay or space. The Authority states the location of the contravention is off street and they have authority to enforce the location.

The Authority state the off-street parking regulation is enforce under the Traffic Management Order.

Findings of Fact

The burden of proof rests with the authority to satisfy me that a contravention has occurred, this includes establishing a prima facia case, including the existence of terms and conditions of the restriction relied upon.

The Authority states the parking regulation is enforced under the Traffic Management order, that requires the Authority to provide the full TMO and signpost the relevant section for the Adjudicator. The Authority have provided 2 TMOs and failed to identify the relevant section in the TMO, this is insufficient. The Adjudicator is not required to undertake their own investigation to locate the statutory restriction. I have considered the TMO and it is not clear to me where the Authority have authorisation to enforce the contravention in the TMO. On balance, I cannot be satisfied the contravention occurred.

I therefore allow the appeal.

I have a similar case for which I had the hearing on the 11th, unfortunately i wasn't given an outcome on the spot, but hopefully next week. I don't think Southwark, in my case, have either idenitfied the relevant section in the TMOs they've provided, so fingers crossed.

Oh yes, I had checked it already, it's not listed on the register (yet). The adjudicator did tell me I will have the outcome next week and not this week.

It seems as though you're not communicated the outcome? reading another thread, that's what caught someone out and the legal proceedings escalated due to non payment