Decision Date 27 Mar 2024
Adjudicator Monica Hillen
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons
The case was scheduled for a personal appeal on 26 March at 14.30. Mr **** did not attend, his representative did so, Mr Morgan. The Enforcement Authority was not represented.
Mr Morgan served a Notice on the Enforcement Authority requiring the attendance of two witnesses, L Maynard and S Lloyd the latter being the officer who looked at the CCTV evidence and made a written statement [which did not identify the camera].
The Notice was served on the Council on 16 March 2023 and acknowledged. The Enforcement Authority informed the Tribunal on 19 March they were not obliged to attend.
The Notice of Rejection set out the rights of the Appellant with regard to the evidence for an appeal.
“If you appeal we will send you a copy of all our evidence as soon as possible and must provide you with a copy of any DVD, photograph or digital image that we want the Adjudicator to consider at least seven days before the scheduled date of the hearing.
However, if you serve a notice on us not less than three days before the hearing date, we cannot rely on such evidence without the person(s) who signed them attending. The three[1]day limit may be varied by the Adjudicator in special circumstances.”
As the relevant witness did not attend the camera evidence is not admissible. The appeal is allowed.
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2240089033
Dear Sirs
I make the following submissions on behalf of the appellant:
1. The council has adduced no valid primary evidence to prove its case.
2. Similarly, its Notice of Rejection contains little information which is of any evidential value.
3. Lastly, neither does the Witness Statement prove its case.
In light of the above, I ask that the appeal be allowed.******************
Congratulations for staying the course.
