Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Torenaga on September 01, 2024, 08:18:53 pm
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I am not meaning the case itself.
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Not necessary as the appeal was allowed on the basis of the 'adequacy' of the signage which did not, in this adjudicator's opinion and based only upon the evidence adduced by the authority in the circumstances of this case alone, meet the requirements specified in LATOR.
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Given the council's rejection of your initial appeal, consider the following steps:
Review the Traffic Management Order (TMO): Analyse Croydon Council's Traffic Management Order for Springfield Road. Identify any exemptions for residents that may not have been properly communicated, highlighting procedural unfairness.
Mitigating Circumstances: If escalating to an independent adjudicator, argue that your brother's lack of awareness was a reasonable mistake based on the expectation that a resident should not need repeated administrative approval to access their own street.
Proof of Residency: Provide evidence like utility bills to support that your brother's entry was an honest mistake based on a reasonable assumption of access rights as a resident.
Proportionality Assessment: Emphasise that the enforcement was disproportionate, as your brother's mistake posed no safety risk or inconvenience to others, arguing for a more lenient response.
Seek Formal Appeal Assistance: Hippocrates, whose expertise lies in this field, or a solicitor specialising in traffic law to review for procedural errors or further appeal options.
In appealing to the adjudicator, focus on equity, proportionality, and your brother's genuine misunderstanding as a resident.
My 2p.
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I am taking this further.
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thanks @Hippocrates 😎
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Job done, though not an exactly pleasant experience. 8) 2240406384
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Hi Cp.
Sorry, Just a misunderstanding on my behalf, as i thought that hippocrates was referring to the rejection letter not including the form for the adjudicator. My mistake.
Kind regards
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Hi @Hippocrates
My apologies, i didn't take a picture of the adjudicator form
@Torenaga there's no need to post the appeal form, if Hippocrates is representing your brother then he'll file the appeal online anyway.
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Hi @Hippocrates
My apologies, i didn't take a picture of the adjudicator form they sent with the NTO rejection, which this time is one for a moving traffic contravention. I will post that form up tomorrow.
The appeal was as follows.
https://flic.kr/p/2qdD8Qr
Kind regards
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Show us what you wrote please. NOR fails to mention the adj. can extend time in which to appeal.
As before, website is rubbish:
View reasons
PCN number:CR20657780Contravention number:53j
Click your reason or search for it below
I wasn't aware of the rules
I was picking up/dropping off a passenger
it was an emergency
my satnav misdirected me
using cameras to catch drivers isn't fair
this is a hire car - the hirer should pay
Search all reasons
penalty exceeded amount
I never received the PCN
explain why my PCN was given
I'm challenging my PCN late because...
the CCTV system/operator made a mistake
I never received the PCN or Notice to Owner
I've already paid - in cash
I've already paid - by cheque
I've already paid - by credit card
I've already paid - by postal order
you've overcharged me
I've been away so didn't know the charge was increasing - can I pay less?
I'm short of money - can I pay less?
I've changed address so didn't know the charge was increasing - can I pay less?
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Happy to do this one for you.
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Hi Everyone,
My brother entered springfield road as he forgot something at home. He lives on this road and he just wasn't paying attention to the time.
I appealed to croydon council explaining the situation that he lives on that road, as they would be able to tell from the NTO, also explaining that he didn't know that he had to register his car. I asked for discretion but they rejected.
Is there any other thing that i could go on with this fine?
This is the original NTO
https://flic.kr/p/2qdAHva
https://flic.kr/p/2qdwazf
https://flic.kr/p/2qdAHSN
And this is the rejection leter
https://flic.kr/p/2qdCptH
https://flic.kr/p/2qdwaGV
https://flic.kr/p/2qdwayy
Kind regards