Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Getawayred24 on March 18, 2024, 07:58:21 pm
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OP---I would concentrate on their refusal to cancel on the grounds of "mitigation".
When dealing with a disabled person that consideration should be at a much higher level because they have a public sector equality duty under the Equality Act 2010.
It seems obvious that there has been no consideration under those enhanced procedures. They have to have regard to your disability and their statutory obligation under the Equality Act 2010 to take your disability into account when considering your appeal. This is not simple "mitigation" as they put it and they should have fully explained why they thought your rights under the Equality Act 2010 did not merit cancellation of the penalty charge.
Mike
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Is it only paid help that’s available on this ap ?
@Getawayred24 advice is free, there is no mechanism to charge people for advice on this site (and it would make the site name somewhat misleading).
If you want to ask someone to represent you rather than just give you advice, then representatives are at liberty to offer their services on whatever terms they wish. Some ask for a charity donation, some ask for their travel expenses, some might charge a fee and some might do it for nothing at all.
Of course you are not required to have a representative, you can just represent yourself and we will give you what advice can reasonably be given, but then you'll have to take that advice and do all the work of arguing the case yourself.
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Is it only paid help that’s available on this ap ?
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@Getawayred24 well I did send you a PM with an offer of representation, and in the alternative Hippocrates has also said he'd be willing to represent you, I've never heard back.
We cannot help you by just looking at a couple of pages from the evidence pack, we'd need to see the whole thing. If you call the tribunal they can email you a PDF copy of the whole evidence pack, so you don't have to faff about scanning everything.
Also just to clarify, there is no court. You're dealing with the tribunal.
I strongly recommend you contact either myself or Hippocrates because as I've said before, I really think you need to be represented for a case like this.
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I hope all the images have shown
https://imgur.com/DXV5Cm2 (https://imgur.com/DXV5Cm2)
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https://imgur.com/HtSOuAZ (https://imgur.com/HtSOuAZ)
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Hi guys just an update if anyone can assist I know it’s very short notice but if anyone can give advice or assist without having to pay I’d truly be grateful however if I do have to pay please feel free to send me your rates
I have my day in court next week Thursday a weeek today 02/05/2024 at the tribunals court to appeal both charge notices I posted.
TfL have sent me a report saying they will be coming to Court to contest my appeal as they feel that they have enough information.
If anyone has any pointers or any cases I can look at that can support my/ case feel free to message me or respond thank you for your time
https://imgur.com/0vFjkq6 (https://imgur.com/0vFjkq6)
(https://imgur.com/0vFjkq6)
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https://imgur.com/HtSOuAZ (https://imgur.com/HtSOuAZ)
(https://imgur.com/0vFjkq6)
(https://imgur.com/HtSOuAZ)
(https://imgur.com/7yI4uA3)
Hi guys just an update if anyone can assist I know it’s very short notice but if anyone can give advice or assist without having to pay I’d truly be grateful however if I do have to pay please feel free to send me your rates
I have my day in court next week Thursday a weeek today 02/05/2024 at the tribunals court to appeal both charge notices I posted.
TfL have sent me a report saying they will be coming to Court to contest my appeal as they feel that they have enough information.
If anyone has any pointers or any cases I can look at that can support my/ case feel free to message me or respond thank you for your time
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But I can see what I initially needed and you have until Sunday for London Tribunals to receive an appeal.
You may as well submit an appeal because the only other choice is to pay.
You don't need to go into any detail. You can just say 'I rely on my formal representations'.
Opt for a personal hearing (which can then be changed to a telephone hearing).
Then you will have a few weeks for people to comment on your case.
I note you haven't since logged in to the forum? Maybe you'be read what I said anyway?
If you do not either pay or submit an appeal by post TODAY you will receive another Charge Certificate, increasing the penalty and with no further choices.
To submit your appeal you only need a free 'Certificate of Posting' from your local Post Office, nothing more.
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/imgur.com/HtSOuAZ (https://imgur.com/HtSOuAZ)
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I’ve receive a full report from TFL SAYING they will be contesting the appeal I made they are bringing both my cases that I uploaded on here to be dealt with on the same day
My court hearing is 02 / 05 / 2024
If anyone has any pointers or can assist please get in contact
They have sent me the TfL CD TO view asWELL AS the TfL contesting package
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Well the first thing you want to do is call the tribunal and change the comms preference from post to email, the last thing you want to do is get communications form the tribunal 3 to 5 days after the authority.
I'm also going to drop you a PM as I don't think we have enough information to recommend a DIY appeal.
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Hello
Thank you for your messages I have received a letter from appeals court.
They have given ,me a hearing date this month Thursday 25th April 11am if anyone has any advice on how I can defend my case in court please feel free to send me a message or comment here
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@Getawayred24 any updates on how you'd like to proceed?
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Sorry, my post is now academic as cp has offered to deal with this.
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To submit your appeal you only need a free 'Certificate of Posting' from your local Post Office, nothing more.[/b]
For future reference, nobody should ever post anything to the tribunal PO Box: there is no guarantee documents will be received in time or at all. The paper appeal form for any TFL appeal can be scanned and emailed to queries@londontribunals.org.uk
After a hearing the other week in which the adjudicator had received none of my submissions at all, I now send a copy to all available addresses at the Tribunal.
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@Getawayred24 I'm afraid to say you've not exactly applied a winning strategy to this case, I think there are grounds that might succeed but it's hard to confirm that as you've not even provided us with the notice of rejection in full.
There are a few obvious grounds worth exploring such as:
1) Can TFL prove it's a civil enforcement area,
2) Can TFL prove it is the highway authority for this road
3) Can TFL exhibit a made traffic order,
4) Is the notice of rejection ambiguous
5) Even if there is a traffic order, does it correctly match the bay markings.
This doesn't look like a case suited to a DIY appeal so I'm going to send you a PM with what might be a better option.
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To submit your appeal you only need a free 'Certificate of Posting' from your local Post Office, nothing more.[/b]
For future reference, nobody should ever post anything to the tribunal PO Box: there is no guarantee documents will be received in time or at all. The paper appeal form for any TFL appeal can be scanned and emailed to queries@londontribunals.org.uk
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Okay thank you for your help
I will get this done today
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But I can see what I initially needed and you have until Sunday for London Tribunals to receive an appeal.
You may as well submit an appeal because the only other choice is to pay.
You don't need to go into any detail. You can just say 'I rely on my formal representations'.
Opt for a personal hearing (which can then be changed to a telephone hearing).
Then you will have a few weeks for people to comment on your case.
I note you haven't since logged in to the forum? Maybe you'be read what I said anyway?
If you do not either pay or submit an appeal by post TODAY you will receive another Charge Certificate, increasing the penalty and with no further choices.
To submit your appeal you only need a free 'Certificate of Posting' from your local Post Office, nothing more.
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But I can see what I initially needed and you have until Sunday for London Tribunals to receive an appeal.
You may as well submit an appeal because the only other choice is to pay.
You don't need to go into any detail. You can just say 'I rely on my formal representations'.
Opt for a personal hearing (which can then be changed to a telephone hearing).
Then you will have a few weeks for people to comment on your case.
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(https://i.imgur.com/vzgEoAM.jpeg)
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Would you be able to tell me if the updated information has been made clear ?
I believe there is 4 attached images including the link to the location is that correct ?
It's difficult to view because you haven't followed the instructions.
But I can see what I initially needed and you have until Sunday for London Tribunals to receive an appeal.
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Would you be able to tell me if the updated information has been made clear ?
I believe there is 4 attached images including the link to the location is that correct ?
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Most important for now is that we need to see the Notice of Rejection --- all of it.
What 'other use' are you referring to?
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The other user was able to assist me without this is there anyway you can assist me privately ?
What is it you are having trouble with?
You first need to have images of notices in your computer or phone.
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The other user was able to assist me without this is there anyway you can assist me privately ?
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Please read this and update your post accordingly : -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
You need to do as the link says to enable us to help you.
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I did not check the signage I just saw the blue sign and automatically thought I could park.
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Please read this and update your post accordingly : -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
To my surprise it was a loading only bay.
Did you go and actually look at the sign for the bay ?
This is the bay in 2021
https://maps.app.goo.gl/GC4sXbbm8cmgupy69
GSV shows the same sign in 2022, but there is building work going on.
So, having had your representations rejected, what is your basis for taking them to London Tribunals ?
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Good evening
Location of contravention o/s 63-77 Brompton Road sw3 - CAMERA PCN TICKET ISSUED
Stage: appeal rejected - next stage NOTICE OF APPEAL TRAFFIC ADJUDICATOR
I’ve received a letter from TFL stating they are not cancelling my PCN, I originally appealed because I thought the sign was a disabled and loading signage has I have a disabled badge. So I stopped due to a medical reason.
I appealed and stated originally that I was going to the toilet because I have a weak bladder, they denied my medical grounds. However I did make a purchase on that day which was a bit heavy for me to carry. I’m only including this because it might be loading .
At current I do not know what to say in the respond to the tribunals form they have sent back to me.
But I was hoping to say something along the lines of:
My late appeal is a result of my lack of assistance in writing my appeal. I struggle with learning and dyslexia. It makes it a little more difficult for me to communicate and complete documents and applications by myself . I am sorry for the delay in getting this email of appeal across sooner.
Today, I'm asking that you kindly reconsider or assist me in comprehending why I was assigned the PCN. I assumed that because I had a disability badge, I could load and stop between the hours of 10 a.m. and 4 p.m. I have sent a request for video footage of the contravention that occurred through the online PCN portal on the TFL WEBSITE but I have not received a response from them yet . I have already sent another request today I hope they will get back to me in the mean time.
I would like to appeal the case based on the two reasons
Medical grounds I have anxiety, panic attacks, CHRONIC BACK PAIN, ADHD, and personality disorder. In addition, my BLADDER is feeble.
I was experiencing a manic episode on the day of the infraction because. Looking at the sign, I honestly thought it said "disabled badge 10-4am"; or else, I wouldn't have stopped there . I got out of the car to give myself some time to cool off before I endangered other drivers. It is not safe for users to have panic episodes. It was always my understanding that I should come down and show the badge on my dashboard if I felt frightened or ill. I have contacted dwp for a medical letter to attach to my appeal.
Any advice would be greatly appreciated I need to send the form back 19th march
2024https://www.google.co.uk/maps/@51.5005841,-0.1621645,3a,75y,169.75h,93.02t/data=!3m6!1e1!3m4!1s6fvWLomffankrnT8Uq-zoQ!2e0!7i16384!8i8192?entry=ttu (https://www.google.co.uk/maps/@51.5005841,-0.1621645,3a,75y,169.75h,93.02t/data=!3m6!1e1!3m4!1s6fvWLomffankrnT8Uq-zoQ!2e0!7i16384!8i8192?entry=ttu)