Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: Hippocrates on March 30, 2024, 10:19:44 pm
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Neither the JCIO nor the Judicial Ombudsman will address a complaint as The judicial office holder is required to be the holder of an Office listed in Schedule 14 to the Constitutional Reform Act 2005.
Now with my MP.
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Neither the JCIO nor the Judicial Ombudsman will address a complaint as The judicial office holder is required to be the holder of an Office listed in Schedule 14 to the Constitutional Reform Act 2005.
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Introduction 1.1 Environment and Traffic Adjudicators are independent judicial office holders. They are appointed by the statutory joint committee, the Transport and Environment Committee (TEC), with the consent of the Lord Chancellor. One of the Adjudicators is designated the Chief Environment and Traffic Adjudicator and acts as the judicial head of the Environment and Traffic Adjudicators.
This is taken from the Environment and Traffic Adjudicators complaint protocol Jan 2019 update.pdf which can be found under the section Complaints | London Tribunals on the London Tribunals website.
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Can’t see them listed.
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Environment and Traffic Adjudicators
The Environment and Traffic Adjudicators constitute a tribunal and are independent of the enforcement authorities. Cases are decided by independent adjudicators, all of whom are lawyers of at least 5 years standing.
The Environment and Traffic Adjudicators decide appeals relating to Penalty Charge Notices issued by Transport for London and the London local authorities known as the 'enforcement authority' (EA) for parking, bus lane, moving traffic, lorry control, littering and waste receptacle contraventions.
Appeals are usually decided by a single adjudicator who will consider all the evidence, make findings of fact and apply the law.
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https://www.londontribunals.gov.uk/sites/default/files/Annual%20report%20202324.pdf
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ETA Adjudicator?
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A Road User Charging Adjudicator is, yes.
And an ETA adjudicator? @Southpaw82 @cp8759 @mrmustard
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A Road User Charging Adjudicator is, yes.
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Can somebody answer this simple question?:
Is the Chief Adjudicator a Judicial Office holder or not? ::)
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Should one/does one have the legal right to obtain a recording of the hearing? Or to make an appointment to listen to it? Clearly, a transcript is limited because it does not show how things were said (voice intonation etc.) and the emotional reactions between the participants? There is also the issue of fairness as the Tribunal recording is available to whomsoever, and without having to pay for a transcript.
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Missive sent to my MP and Mr Chan. I now wear body armour. :o
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So, this is the thing, as they say: if you want to complain about an adjudicator's conduct, the Chief Adjudicator will deal with it.
Are you sitting comfortably?
If you want to complain about the Chief Adjudicator's conduct, another adjudicator will deal with it via Mr Stephen Boon who is an officer at London Councils.
I used to be a teacher. I may as well have allowed the pupils to mark their own peers' homework.
Do they allow Q into the hearings? If so, I can grab hold of him at Vauxhall Station, sedate him and bring him along. ;D ;)
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The transport and environment committee approve adjudicators based on the recommendation of the chief adjudicator. This includes reappointments.
Food for thought.
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@mrmustard: I have thought matters through and held back. I would just add though that conduct does affect one's own ability to argue one's case. Like you, we have met at least 25 in our time - you probably all of them. And each is different. Anyway, The Three Musketeers live on. I guess I am the portly one. (https://emoji.tapatalk-cdn.com/emoji185.png)(https://emoji.tapatalk-cdn.com/emoji185.png)(https://emoji.tapatalk-cdn.com/emoji185.png)
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"We are all human"! I am talking about conduct not decisions. I will speak with you privately. I am holding fire at present.
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I think you drew this to my attention Philip so that I can be the voice of reason.
I nearly complained about an adjudicator once but held off doing so and just kept on sucking up the refusals.
I sent one for Review, was asked how the decision went so wrong and my response was that it was a statistical anomaly.
From then on, for a while, all of my Appeals were heard by Mr Chan, although not often now he has the place to run so doesn't have the time for many in person appeals.
I wonder what you might achieve by complaining, probably just find yourself barred for being disruptive?
Remember that there is a tape of your hearing so if you didn't stay as cool as a cucumber, it is easily shown.
Some advice: when I started my blog about Barnet Council and to fight PCns I decided that no matter what I wasn't going to let them get to me as one man against a monster is an unequal fight and I didn't want to send myself bonkers.
Keep your pwder dry, reconcile yourself to losing sometimes and smile.
The Justice Secretary might think the so-called experts aren't that hot themselves, having failed to notice a wholesale departure from the law for as long as the councils did.
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At the beginning of each appeal hearing, the appellant is informed that the adjudicator is independent. Or s/he should say so.
I am very grateful to the 99% of adjudicators who don't insist on giving me their standard blurb at the beginning of each hearing, it would be a massive waste of time.
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I should really know all this, and do in part; but, it seems to me that anomalies exist:
1. If one wishes to make a complaint about the conduct - not the decision - of an adjudicator, the Chief Adjudicator deals with it.
2. If one wants to complain about the conduct of the Chief Adjudicator - not his decision - Mr Stephen Boon who works for London Councils deals with it in the first instance; but, guess what, another adjudicator deals with it. A man called Nick Lester used to deal with such.
Food for thought as I am seriously considering the latter.
And I am going to request a meeting with the Justice Secretary re the fiasco of the incompetence of the Tribunal for 18 years vis a vis the bus lane fiasco when adjudicators refused appeals without understanding the legislation! And, it has to be said, they failed to note that many, if not all, VCA certificates produced (if any) would have failed the test!
For Gawd's sake as it is Easter.
I must add that, the other day, I had to educate one adjudicator about the law.
https://drive.google.com/file/d/1Uab63buwUh-wfCy2LJpBi028uWzHIekb/view
One of our members observed. philou.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/waltham-forest-code-34-being-in-a-bus-lane/msg18547/#msg18547
At the beginning of each appeal hearing, the appellant is informed that the adjudicator is independent. Or s/he should say so.