Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: LondonDriver7 on November 30, 2023, 03:34:43 pm

Title: Re: Lambeth, Failing to Give Way
Post by: Hippocrates on December 02, 2023, 11:17:28 am
Quote from: LondonDriver7 on December 01, 2023, 04:00:46 pm
Thank you for the reply cp and the kind offer to defend me.

So basically my defence to the council is correct as written but they have just ignored it. I am happy to defend myself and see how this goes. In the event I get Mr Teper and he declines it, is there any comeback or that's a final decision at that point ?

1.  I would take up cp's offer.
2.  If you get any adjudicator, the chances of a review are totally slim.  And, if you lose that, a Judicial Review will cost mucho dinero.

Re NOR, I agree there appears to be a substantial failure to consider.
Title: Re: Lambeth, Failing to Give Way
Post by: LondonDriver7 on December 01, 2023, 04:00:46 pm
Thank you for the reply cp and the kind offer to defend me.

So basically my defence to the council is correct as written but they have just ignored it. I am happy to defend myself and see how this goes. In the event I get Mr Teper and he declines it, is there any comeback or that's a final decision at that point ?
Title: Re: Lambeth, Failing to Give Way
Post by: cp8759 on December 01, 2023, 09:32:08 am
The most recent case we have on this point is Wojciech Witkowski v London Borough of Lambeth (223042845A, 11 November 2023) (https://drive.google.com/uc?id=11PyrGFvm2n7Zv0OX5XtI5CWSyLYrgwCm), which followed Tim Allen v London Borough of Lambeth (2190557850, 03 February 2020) (https://drive.google.com/uc?id=1OpegcVMUALv-DVIuSAYXMTqZuC5y9cSw) and Joseph Cartwright v London Borough of Lambeth (2210453760, 01 September 2021) (https://drive.google.com/uc?id=1lr5wDO2APdCz7mpXRd0cThy30ipQ1RCL) (and held that the decision in Luqman Hansrot v London Borough of Lambeth (2220413682, 02 August 2022) (https://drive.google.com/uc?id=1zE8RJJxOus9Bpl3glEPuhHqrnbKhUmdo) was wrong).

I suspect I might even be able to persuade Mr Teper at this point, given how helpful the video in Wojciech Witkowski is in disproving the Luqman Hansrot rationale, but obviously the result cannot be guaranteed.

I'm happy to represent you at the tribunal if you'd like to appeal this.
Title: Re: Lambeth, Failing to Give Way
Post by: LondonDriver7 on November 30, 2023, 05:02:45 pm
sorry, fat finger, the back page of the PCN has been added.
Title: Re: Lambeth, Failing to Give Way
Post by: H C Andersen on November 30, 2023, 04:49:18 pm

The rest of the PCN pl.
Title: Lambeth, Failing to Give Way
Post by: LondonDriver7 on November 30, 2023, 03:34:43 pm
This is the PCN for failing to give way. Thanks for everyone who helped so far on the old forum. I will be taking this all the way, so your continued help will be appreciated as it will be first-time adjudication for me.

Here's the video:

https://drive.google.com/file/d/1taoUJqy_69QvL7_cfbR6I_UcJU9eio1Z/view?usp=sharing


(https://i.imgur.com/O1M2vIA.jpg)
(https://i.imgur.com/Hm8Ldo6.jpg)

(https://i.imgur.com/oNSacET.png)

(https://i.imgur.com/xfpUSyZ.jpg)