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General discussion => The Flame Pit => Topic started by: cp8759 on August 05, 2023, 01:25:48 pm

Title: Re: TFL judicial review
Post by: Hippocrates on March 20, 2024, 04:07:32 pm
Well, I observed a hearing just before Christmas and he was quite rude then. Both the CA and I shared a look of disbelief with each other.  Being a good boy, I said nothing.
Title: Re: TFL judicial review
Post by: guest968 on March 16, 2024, 07:39:20 pm
.... Pat Garrett ...
Is it the Wild West out there? :lol:
Title: Re: TFL judicial review
Post by: Hippocrates on March 15, 2024, 10:04:04 pm
It is worth noting there are approximately 900 outstanding review cases which are affected by this decision.

Mr Garrett helpfully stated at the hearing that a review should be allowed to proceed because it would be in the public interest for TFL to collect the money from those penalties, and that if TFL could not collect the money it would have to look at other ways of raising revenue.

So much for only enforcing for traffic management purposes...
One other and I were there as observers.  To put it mildly, Mr Teper was not impressed. Also Pat Garrett mentioned it was in the interests of all London authorities.
Title: Re: TFL judicial review
Post by: guest968 on March 15, 2024, 12:10:45 am
But is a pedestrian crossing part of a red route? It's been held that it interrupts a bus lane, see Neville Stanley v London Borough of Lambeth (2170474513, 1 June 2017) (https://drive.google.com/file/d/1k-uHqbYs7iRPYC_Q0TWhL9cJm6DZ2iFJ).
1) I wonder if any bus drivers have been prosecuted for overtaking on the left?

2) Is there any way that anybody can think of whereby the illiterate ignoramuses who have decided that overtaking on the left should be called "undertaking" can be locked  up and banned from ever saying anything in public ever again?


Arguably a pedestrian crossing is similarly incompatible with a red route restriction and its provisions must trump the TMO, so I'd argue it cannot be part of the red route at all.
But you're also not allowed to stop on a pedestrian crossing or its zig-zags.  What you're charged with  would be different, but unlike Mr Stanley you'd not be not guilty of an offence.
Title: Re: TFL judicial review
Post by: cp8759 on March 14, 2024, 09:15:25 am
But is a pedestrian crossing part of a red route? It's been held that it interrupts a bus lane, see Neville Stanley v London Borough of Lambeth (2170474513, 1 June 2017) (https://drive.google.com/file/d/1k-uHqbYs7iRPYC_Q0TWhL9cJm6DZ2iFJ).

Arguably a pedestrian crossing is similarly incompatible with a red route restriction and its provisions must trump the TMO, so I'd argue it cannot be part of the red route at all. After all a parking bay is there to convey the effect of the red route TMO, while the pedestrian crossing is a section 36 sign.
Title: Re: TFL judicial review
Post by: andy_foster on March 13, 2024, 10:41:03 pm
It means the entire red route - which is why the relevant provision contains a definition which requires both red lines and an upright, just so that people can tell that the intention was that the definition must be read widely enough so that it means the entire length of the red route, but without saying so because they could have done but didn't, and the definition isn't wide enough to cover the entire length of the named road, because that would be absurd.
Title: Re: TFL judicial review
Post by: cp8759 on March 13, 2024, 09:59:38 pm
So, I've just seen a PCN for code 99 on a red route.

Do we think a road marked with pedestrian zig-zags that happens to be on a red route is also marked "in accordance with" a DRL or SRL?
Title: Re: TFL judicial review
Post by: guest968 on March 12, 2024, 08:37:13 pm
Oh, OK.
 
Settings must be ultrasensitive
Title: Re: TFL judicial review
Post by: Southpaw82 on March 12, 2024, 06:24:12 pm
[edit]Modified because how I described Mr. Garrett in the original post got changed by a mod to "****", which made it look like I'd called him something far worse than what I actually did, and thus made me look bad[/edit]

Changed by the forum software automatically, not by a moderator manually.
Title: Re: TFL judicial review
Post by: andy_foster on March 12, 2024, 04:32:42 pm
If they were doing so, these appeals to the tribunal would surely fail, and thus they wouldn't be 'denied' the associated revenue.

Ahh, but the tribunal mistakenly applied the law as it was written, rather than how it was required to be re-imagined in favour of TfL in order to avoid any accusation of the courts making up the law themselves, as Swift J decided (when he also decided that you could have custard with the cheese board).
Title: Re: TFL judicial review
Post by: guest968 on March 12, 2024, 04:30:56 pm
I'd argue it is equally (or even more) in the public interest to make sure that TfL are themselves following the law and relevant procedures when enforcing.
Couldn't agree more, but this Mr. Garrett's fatuous suggestion that the review should be allowed because TfL need the money doesn't mean that the money isn't needed and isn't being put to good use.

[edit]Modified because how I described Mr. Garrett in the original post got changed by a mod to "****", which made it look like I'd called him something far worse than what I actually did, and thus made me look bad[/edit]
Title: Re: TFL judicial review
Post by: DWMB2 on March 12, 2024, 04:17:28 pm
very much in the public interest for the costs of any law enforcement processes to be defrayed as much as possible by making the law-breakers pay
I'd argue it is equally (or even more) in the public interest to make sure that TfL are themselves following the law and relevant procedures when enforcing.

If they were doing so, these appeals to the tribunal would surely fail, and thus they wouldn't be 'denied' the associated revenue.
Title: Re: TFL judicial review
Post by: andy_foster on March 12, 2024, 02:49:39 pm
https://en.wikipedia.org/wiki/Thief-taker
Title: Re: TFL judicial review
Post by: guest968 on March 12, 2024, 02:38:58 pm
Is it not simply the case that if parking/waiting/stopping/bus lane/etc restrictions are indeed in place for genuine traffic management reasons, and justifiably need to be enforced for that reason, that the costs of marking/signing/enforcing/etc should covered by the fines levied for contraventions?

i.e. if TfL need money to implement traffic management schemes and are denied the fines then yes, of course they'll need to get the money from other sources.


Of course we need to be vigilent in making sure that traffic management measures are genuinely needed, and not put in place simply to raise revenue for general purposes, but if they are genuine then it seems to me to be very much in the public interest for the costs of any law enforcement processes to be defrayed as much as possible by making the law-breakers pay, not the law-abiding taxpayer.
Title: Re: TFL judicial review
Post by: cp8759 on March 10, 2024, 05:08:09 pm
It is worth noting there are approximately 900 outstanding review cases which are affected by this decision.

Mr Garrett helpfully stated at the hearing that a review should be allowed to proceed because it would be in the public interest for TFL to collect the money from those penalties, and that if TFL could not collect the money it would have to look at other ways of raising revenue.

So much for only enforcing for traffic management purposes...
Title: Re: TFL judicial review
Post by: Hippocrates on March 09, 2024, 02:25:39 pm
An important spin-off case:

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference   2230282004
Appellant   Commercial Plant Services Ltd
Authority   Transport for London
VRM   WX69ZDD
PCN Details
PCN   GX06515327
Contravention date   04 Apr 2023
Contravention time   08:16:00
Contravention location   O/S 201-213 BOROUGH HIGH STREET SE1
Penalty amount   N/A
Contravention   Stopped where prohibited on red route or clearway
Referral date   
Decision Date   04 Jul 2023
Adjudicator   Alastair Mcfarlane
Appeal decision   Appeal allowed
Direction   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons   
The Appellant was due to attend for a personal appeal before me today, but has not done so. No explanation has been received by the tribunal for the Appellant's absence. In the circumstances I consider it just proportionate to determine this appeal on the information before me in the absence of the Appellant.

The Authority's case is that the Appellant's vehicle was stopped where prohibited in a loading and disabled persons box on the red route outside permitted hours in Borough High Street on 4 April 2023. A penalty charge notice was issued at 08 16.

Following the panel decision in Commercial Plant Services v Transport for London this appeal must be allowed as this contravention is not enforceable on the basis of a record produced by an approved device. No other issue may be determined.
Decision Date   01 Mar 2024
Adjudicator   Carl Teper
Previous decision   Appeal allowed
Appeal decision   Appeal allowed
Direction   
cancel the Penalty Charge Notice and the Notice to Owner.

Reasons   
The Appellant was represented by Mr I Murray-Smith and the Enforcement Authority was represented by Mr A Garratt.

This hearing was set down for a review application on 8 February 2024. Mr Garratt made an application on 23 February 2024 for this review application to be rescheduled to a date that was suitable to his Counsel because the arguments were too complex for him to deal with. Further, that the Appellant's representative had submitted a skeleton argument of some 70 pages on 21 February 2024, and that he would not have time to deal with the issues raised.

Whilst the skeleton argument was 70 pages, the actual submissions are contained in fewer than nine pages of double-spaced script. I did not consider that there was anything in the skeleton argument that was new or that Mr Garratt could not address. This was essentially a one issue review application to decide whether this tribunal had jurisdiction to decide an application for review. The issue turned on a legal finding made by Swift J in the High Court case Transport for London, R (on the application of) v London Tribunals (Environment and Traffic Adjudicators) [2023] EWHC 2889 (Admin) (“Transport for London”).

TFL had applied for a review of the original decision soon after it was made on 10 July 2023. No decision was taken as to whether a review would be heard until the High Court gave its decision on the substantive issue. After the decision was delivered, TfL refreshed its application for a review. It is clear, therefore, that Mr Garrett was on notice that the issue of the adjudicator’s power to review an error of law would have to be resolved at a hearing, since the judgment of the High Court in November 2023 and has had sufficient time to prepare for today's application for a review.

I refused the application to adjourn on 26 February 2024, and again today before the hearing commenced at 3pm on 29 February 2024, because I find that it is not in the interests of justice to delay this matter further.

This is an application by the Enforcement Authority, TfL, for a review of the decision of Adjudicator Alastair McFarlane (“the Appeal Adjudicator”), who allowed this appeal on 4 July 2023.

The application is made under paragraph 12, Part 2, Schedule 1 to the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (“the 2022 Appeals Regulations”).

The decision by the Appeal Adjudicator was that, following the coming into force of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (“the 2022 Regulations”), and following a decision of a panel of adjudicators on 26 May 2023, there is no power to serve a penalty charge notice by post on the basis of evidence from a prescribed camera device for the contravention of being stopped where prohibited on a red route, other than when stopped on single or double red lines. In this case the vehicle was parked in a loading bay during part of the prohibited time on the red route in Borough High Street.

The High Court in Transport for London, decided, though, that the panel decision was wrong and that, following the coming into force of the 2022 Appeals Regulations, there was power to serve a penalty charge notice by post on the basis of evidence from a prescribed camera device for the contravention of being stopped where prohibited on a red route in a bay in addition to single or double red lines.

It is significant that the Chief Adjudicator had previously refused TfL’s application for a review of the panel decision. Swift J considered, as part of TfL’s application for judicial review, whether the Chief Adjudicator even had the power to entertain the application.

In the judgment of Swift J. at paragraphs 26 to 28 "... the Chief Adjudicator was wrong to conclude that a review on the interests of justice ground could consider the legality of an adjudicator’s decision applying the principles relevant on an application for judicial review. Properly understood, paragraph 12 of Schedule 1 to the Appeal Regulations provides no such jurisdiction. Decisions of adjudicators are susceptible to judicial review. If the losing party wishes to challenge a decision on the basis it was wrong in law the correct route is by application for judicial review to this court, not an application under paragraph 12 for a review on the interests of justice ground.


27. In this case the Chief Adjudicator ought to have refused Transport for London’s application for review under paragraph 12 because the interests of justice ground for review does not permit review on the basis that the decision in question was wrong in law. Transport for London’s challenge to the Chief Adjudicator’s decision on the review application therefore fails.

28. The application for judicial review of the adjudicators’ decision of 26 May 2023 is allowed with the consequence that the decision allowing the appeals of the 4 interested parties are quashed and will be replaced by a decision dismissing each of those appeals."

The High Court therefore plainly decided that the Chief Adjudicator had no jurisdiction to entertain TfL’s application for a review because that application alleged an error of law by the panel, which was not amenable to review by another adjudicator and could only be put right by judicial review.

I do not accept the argument by Mr Garratt that a review in this case would not be on a point of law, and that it could somehow be argued that it was a question of fact or concomitant on the judgment in the Transport for London case. What Mr. Garratt for TfL is saying is, in reality, that the Appeal Adjudicator made an error in interpreting the 2022 Regulations so as to conclude that TfL had no power to serve a PCN by post. That is an alleged error of law, not of fact. Indeed, it was the same error of law made by the panel the application for review of which the Chief Adjudicator should not, according to the judgment of the High Court, have entertained.

The ruling by Swift J was one that was sought by TfL, which was the only legally represented party in the High Court proceedings. If TfL contended, as it now contends, that the effect of paragraphs 26 to 28 of the judgment was not as it appears on the face of those paragraphs, or if there was any ambiguity about it, that was a matter that could and should have been raised before Swift J before judgment was formally handed down.

The application for a review is refused.
Title: Re: TFL judicial review
Post by: cp8759 on February 18, 2024, 10:48:00 pm
When you read about judges, you seem to always see the words "the learned judge" Hm... I don't think all judges are as learned as we would like to believe.
The problem with any sort of appellate process is that highly specialised jurisdictions are subject to the supervisory authority of judges who might never have looked at an area of law before. The judge asked counsel for assistance on this odd "procedural impropriety" concept that was all over the panel decision as the judge was not sure what the adjudicators were on about, needless to say Mr Korner was unable to provide any assistance.
Title: Re: TFL judicial review
Post by: andy_foster on February 13, 2024, 12:34:46 pm
For those familiar with Hanlon's razor, High Court Judges are very intelligent.
Title: Re: TFL judicial review
Post by: Incandescent on February 13, 2024, 12:09:24 pm
When you read about judges, you seem to always see the words "the learned judge" Hm... I don't think all judges are as learned as we would like to believe.
Title: Re: TFL judicial review
Post by: cp8759 on January 29, 2024, 11:20:09 pm
I believe they can reclaim the VAT, so that knocks it down to £132,395.42.

That's just 827 PCNs' worth, so not that expensive really.
Title: Re: TFL judicial review
Post by: andy_foster on January 29, 2024, 06:50:07 pm
As their KC was mostly spouting bollox (to the exasperation of the judge) and had to be lead by the judge as to which door to push against, I feel that they got poor value for money.
Title: Re: TFL judicial review
Post by: cp8759 on January 29, 2024, 02:59:29 pm
Just got this from TFL:

The legal costs paid for this case were £112,674.50.

If we add the £46,200 incurred at the tribunal, that's a total of £158,874.50.

And they didn't even get everything they wanted.
Title: Re: TFL judicial review
Post by: Hippocrates on December 08, 2023, 07:02:14 pm
Well, today at a hearing, Mr Chan made his views quite clear concerning the High Court decision and said that "he was stuck with it."
Title: Re: TFL judicial review
Post by: Hippocrates on December 02, 2023, 05:12:18 pm
I've just heard that TfL have won the judicial review, the interested parties have until Thursday to ask for permission to appeal.
Personally, I have no faith in the justice system.
Last time I ran the numbers, I'd won 91.36% of all cases in the sample period I looked at. Taking this morning as an example, I've won 6 cases and one has been adjourned to give the council an opportunity to respond. I wonder how much faith local authorities have in the justice system?
Good question.  I would rephrase it:  I wonder how much faith they have in their staff? My statement above is specific to the top end of the system. And, it was indeed "unfortunate" that a certain person was not granted the right to speak in the TFL Review case. In the other case, I wonder whether the judge had even read all the paperwork since a clear error occurred. It is simply not good enough to order an appellant/claimant to pay the wrong body!
Title: Re: TFL judicial review
Post by: cp8759 on December 02, 2023, 02:32:19 pm
I've just heard that TfL have won the judicial review, the interested parties have until Thursday to ask for permission to appeal.
Personally, I have no faith in the justice system.
Last time I ran the numbers, I'd won 91.36% of all cases in the sample period I looked at. Taking this morning as an example, I've won 6 cases and one has been adjourned to give the council an opportunity to respond. I wonder how much faith local authorities have in the justice system?
Title: Re: TFL judicial review
Post by: Hippocrates on December 02, 2023, 12:50:24 pm
I've just heard that TfL have won the judicial review, the interested parties have until Thursday to ask for permission to appeal.
Personally, I have no faith in the justice system.  In this case below*, the guy went to the Court of Appeal and Lord Justice Simon ordered him to pay the Traffic Penalty Tribunal!  And refused to amend.  The High Court Judge ordered him to pay the Council!  Sadly, his application to the European Court was received a day late!  :(

One has a better chance of being reimbursed for a flight delay and/or cancellation under EC261/2004 8)

*C1/2014/4207 (High Court ref: CO/3449/2014‏)
Title: Re: TFL judicial review
Post by: cp8759 on November 20, 2023, 11:12:25 pm

My question related to 'designated parking bays' and the issues, albeit separate from CCTV, that were raised by PMB.

As far as I can see, this adjudication decision relates to OGL and waiting/stopping, not designated parking places under s.45 RTRA.
But the principle is the same, the waiting provisions of para 3 of the Schedule covers stopping (Mr Chan has told me he agrees with that).
Title: Re: TFL judicial review
Post by: H C Andersen on November 20, 2023, 06:00:22 pm

My question related to 'designated parking bays' and the issues, albeit separate from CCTV, that were raised by PMB.

As far as I can see, this adjudication decision relates to OGL and waiting/stopping, not designated parking places under s.45 RTRA.
Title: Re: TFL judicial review
Post by: John U.K. on November 19, 2023, 03:25:50 pm
See also
https://www.standard.co.uk/news/transport/parking-restrictions-red-routes-london-bus-tfl-high-court-ruling-b1121162.html

(Hat tip to MMV Redux )

Title: Re: TFL judicial review
Post by: cp8759 on November 19, 2023, 01:42:31 pm

If not a designated parking place, then which part of para. 3 to Part 2 of Schedule 7 applies?
3(2)(b), as per Christopher Phipps v NEPP - Essex County Council  (IF00014-2211, 17 February 2023) (https://drive.google.com/uc?id=1w5IDGdNrhpEmwMCKuu5xWvKmDiial3se), upheld on review in Christopher Phipps v NEPP - Essex County Council  (IF00014-2211, 24 March 2023) (https://drive.google.com/uc?id=1AV1NlcBxcEBvYFAzh4lMxYUm_JnwVfCQ).
Title: Re: TFL judicial review
Post by: H C Andersen on November 19, 2023, 10:10:13 am

If not a designated parking place, then which part of para. 3 to Part 2 of Schedule 7 applies?
Title: Re: TFL judicial review
Post by: Hippocrates on November 18, 2023, 02:20:17 pm
Quo vadis cp?
Title: Re: TFL judicial review
Post by: cp8759 on November 18, 2023, 12:06:56 pm
We used to argue regularly that the sign if not facing traffic fell outwith LATOR but that has fallen away as not relevant I think it can now be re born
I'm not sure that ever fell away, we've been winning cases throughout on the basis of inadequate signage, including one that TfL didn't challenge because the signage was indisputably inadequate, and a double red line where the sign said no stopping 7 am to 7 pm (the appellant stopped after 7 pm).

The problem with the bays is that they're not designated parking places, so the other codes cannot apply.
Title: Re: TFL judicial review
Post by: Pastmybest on November 18, 2023, 11:00:17 am
Having only skim read the judgement two thinks sort of come to mind.

Firstly the upright sign it must be present in the bay. We used to argue regularly that the sign if not facing traffic fell outwith LATOR but that has fallen away as not relevant I think it can now be re born

Secondly the contravention it's self 46 stopped where prohibited on a red route or clearway. if you are within the permitted time of bay operation then can this stand as a reason to believe you commit that offence. I would suggest it should be one of the various parking offences code 30 re parked in a disabled bay or 24 for a loading bay without loading   
Title: Re: TFL judicial review
Post by: cp8759 on November 17, 2023, 12:24:58 pm
Transport for London, R (on the application of) v London Tribunals (Environment and Traffic Adjudicators) [2023] EWHC 2889 (Admin) (https://drive.google.com/uc?id=1O05oSfiNyIL2muZ0W3xFZlo8p9uCJVBy).

Paragraph 17 is interesting, as it suggests that without an upright sign, there cannot be any CCTV enforcement of a double red line.
Title: Re: TFL judicial review
Post by: cp8759 on November 17, 2023, 10:51:21 am
I've just heard that TfL have won the judicial review, the interested parties have until Thursday to ask for permission to appeal.
Title: Re: TFL judicial review
Post by: Hippocrates on November 06, 2023, 05:33:47 pm
From the report, The Standard's reporter found Karen's analogy "bizarre", but not the judge's foreshadowing.

Quote
In a bizarre moment, she compared the Red Route regulations to a restaurant menu offering "cheese board and spotted dick and custard", and asked: "Would a patron reasonably expect to be served cheese board and custard?"

Mr Justice Swift replied, to laughter in Court One: "You know what? These days, you just can't tell."

I laughed deliberately so loudly in an attempt to blow off the TFL barrister's wig.  ;D

The ES often get it wrong.  I believe someone else wrote the argument!
Title: Re: TFL judicial review
Post by: cp8759 on October 31, 2023, 07:11:05 pm
So apparently the pepipoo directors are sitting on £30k that's apparently held for some future big case. I can't imagine there's going to be another "big case" any time soon, anyone fancy seeing if they'd be willing to fund an appeal to the Court of Appeal?
Title: Re: TFL judicial review
Post by: andy_foster on October 30, 2023, 02:36:52 pm
From the report, The Standard's reporter found Karen's analogy "bizarre", but not the judge's foreshadowing.

Quote
In a bizarre moment, she compared the Red Route regulations to a restaurant menu offering "cheese board and spotted dick and custard", and asked: "Would a patron reasonably expect to be served cheese board and custard?"

Mr Justice Swift replied, to laughter in Court One: "You know what? These days, you just can't tell."
Title: Re: TFL judicial review
Post by: Hippocrates on October 30, 2023, 01:25:44 pm
As I was sitting in front of the current Chief Adjudicator, I can honestly state that he shook his head from right to left in disagreement when the TFL barrister in his final submissions said that CCTV enforcement was valid!  The previous CA had left the room by this stage.
Title: Re: TFL judicial review
Post by: DancingDad on October 26, 2023, 08:08:09 pm
For once a newspaper report that doesn't seem full of errors

Hats off and a round of applause for Karen, not easy for a layperson in court
Title: Re: TFL judicial review
Post by: DWMB2 on October 26, 2023, 07:30:34 pm
See here:
These sites carry reports. The first is regularly updated.
https://www.standard.co.uk/news/london/transport-for-london-tfl-high-court-parking-tickets-cctv-b1116055.html#comments-area
Similar to Standard but less adverts
https://uk.finance.yahoo.com/news/tfl-could-refund-500-000-065411720.html

No mention of barrister or case for LT - sounds as if CPS had to make their own case?

Case concluded 4p.m,. judgement reserved - expected in a few weeks.

cp8759 was of course there so may be able to provide more context at a later date
Title: Re: TFL judicial review
Post by: ghostivv on October 26, 2023, 07:22:31 pm
Any news on the outcome?
Title: Re: TFL judicial review
Post by: Hippocrates on September 09, 2023, 12:35:15 pm
Order of The Honourable Mr Justice Martin Spencer (https://drive.google.com/uc?id=1Yk-O-BqaGYVNjhfoGK81psLkWF_MbUbR).
I trust that the learned Mr Chan's statement was excellent? ;D

Observations 3 and 4 are noted.  Therefore, I presume the CA will not necessarily have to attend?

Please inform me/us when an exact date is finalised for the hearing.
Title: Re: TFL judicial review
Post by: cp8759 on September 04, 2023, 05:26:46 pm
Oh well, I'm sure TFL's solicitor will work out what to do next.

I'm not going to worry about other interested parties because it seems unlikely they would have anything of substance to add.
Title: Re: TFL judicial review
Post by: John U.K. on September 04, 2023, 04:09:31 pm
The fees link in the order is wrong - should be
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-full-list-ex50a

Incidentally, CP, had you seen this
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-code-46-parked-on-a-red-route-(loading-box)-or-clearway-egerton-road-n16-par/
reply#11
Title: Re: TFL judicial review
Post by: cp8759 on September 04, 2023, 02:05:34 pm
Order of The Honourable Mr Justice Martin Spencer (https://drive.google.com/uc?id=1Yk-O-BqaGYVNjhfoGK81psLkWF_MbUbR).
Title: Re: TFL judicial review
Post by: cp8759 on September 01, 2023, 05:24:51 pm
Just because I haven't seen this point mentioned in this thread... a CEO can (and should) check for a blue badge and dashboard clock and record useful evidence about them if they are present, fixed CCTV can't reliably do this and it's unreasonable to expect blue badge holders to have to appeal a constant stream of tickets for lawful behaviour.

If this point isn't considered at the judicial review then I expect disability discrimination might provide a second avenue to banning the use of CCTV for parking enforcement.
If you read both the panel decision and Mr Chan's review, you'll see that this has been specifically considered.
Title: Re: TFL judicial review
Post by: DancingDad on September 01, 2023, 10:57:45 am
Just because I haven't seen this point mentioned in this thread... a CEO can (and should) check for a blue badge and dashboard clock and record useful evidence about them if they are present, fixed CCTV can't reliably do this and it's unreasonable to expect blue badge holders to have to appeal a constant stream of tickets for lawful behaviour.

If this point isn't considered at the judicial review then I expect disability discrimination might provide a second avenue to banning the use of CCTV for parking enforcement.

TFL have batted this one away for many years, claiming that their cameras can spot a BB but failing to explain how... with many videos being taken from the rear of the car.
But is part of the argument that CP put forward and no doubt will be considered in the upcoming review
Title: Re: TFL judicial review
Post by: Grant Urismo on August 31, 2023, 10:20:12 pm
Just because I haven't seen this point mentioned in this thread... a CEO can (and should) check for a blue badge and dashboard clock and record useful evidence about them if they are present, fixed CCTV can't reliably do this and it's unreasonable to expect blue badge holders to have to appeal a constant stream of tickets for lawful behaviour.

If this point isn't considered at the judicial review then I expect disability discrimination might provide a second avenue to banning the use of CCTV for parking enforcement.
Title: Re: TFL judicial review
Post by: Hippocrates on August 31, 2023, 09:00:04 pm
I cannot miss the Khan v Chan show.  ;)
Title: Re: TFL judicial review
Post by: cp8759 on August 25, 2023, 02:12:37 pm
But what cannot be dismissed at a stroke is that they clearly give an indication of rationale, which is my point.
Are they an admissible aid to construction?
My understanding is that they are, if there were any authorities against that I'm sure TFL's KC would have pointed it out at the review hearing.
Title: Re: TFL judicial review
Post by: DancingDad on August 24, 2023, 08:04:12 pm
But what cannot be dismissed at a stroke is that they clearly give an indication of rationale, which is my point.
Are they an admissible aid to construction?
I'm sure that I have seen them referred to in HC cases but would need to go hunting to find where and how.

A little academic in this case as the notes give no rational or even mention the changes.
Title: Re: TFL judicial review
Post by: Southpaw82 on August 24, 2023, 05:36:25 pm
But what cannot be dismissed at a stroke is that they clearly give an indication of rationale, which is my point.
Are they an admissible aid to construction?
Title: Re: TFL judicial review
Post by: H C Andersen on August 24, 2023, 04:53:52 pm
No-one is suggesting that the memorandum etc. gives a legal interpretation, that's a matter for the courts. But what cannot be dismissed at a stroke is that they clearly give an indication of rationale, which is my point. If one looks at the other elements they all seem to have been ported across without change or the reason behind the change explained, not the legal interpretation but the department's reason for seeking to make the change. 

I mention this only because weight is being placed on the revised wording and revisions normally have a purpose, but in this case unexplained.

The court will decide and let's hope their decision is clear-cut and prompt.

Title: Re: TFL judicial review
Post by: andy_foster on August 23, 2023, 01:30:09 pm
As explanatory notes, memoranda or even section headings do not form part of the legislation, and much like what you might or might not find interesting, have no bearing on statutory interpretation.
Title: Re: TFL judicial review
Post by: H C Andersen on August 23, 2023, 10:27:10 am

If it's considered that the 2007 and 2022 Regs intentionally distinguish between the use of CCTV in these circumsyances then I find it interesting that there's no reference to this in either the Explanatory Note or Explanatory Memorandum accompanying the SI.
Title: Re: TFL judicial review
Post by: DancingDad on August 23, 2023, 08:14:30 am
Except that as Mr Chan puts it, a purposive approach supports the tribunal's interpretation.

That depends on what purpose is being approached.
If it is believed that the purpose of restricting use of cameras where a CEO could do the job, fine.
However if it is believed that the purpose of allowing cameras on Red Routes is enforce No Stopping, anywhere on the route, the wording of Reg 11 would mean little.
Title: Re: TFL judicial review
Post by: cp8759 on August 23, 2023, 01:59:10 am
Except that as Mr Chan puts it, a purposive approach supports the tribunal's interpretation.
Title: Re: TFL judicial review
Post by: guest17 on August 21, 2023, 07:59:09 am
I have real fears that instead of the mentioned golden rule Counsel for TfL will concentrate on a purposive approach to statutory interpretation.

If the issue at hand boils down to what Parliament intended, a purposive approach will be a real threat to the Tribunal's defence.

Against that, any decision for using cameras for bay enforcement would have wider ramifications in terms of CCTV use.

If the Tribunl approached the case on the concept of illegality then the Supreme Court judgements in Patel v Mirza and Stoffel v Henderson would become relevant.

Mike
Title: Re: TFL judicial review
Post by: cp8759 on August 20, 2023, 01:42:14 am
I meant the Tribunal's solicitors.
A judicial tribunal would not engage solicitors, they have a panel of over 20 experienced judicial officers holders so they should hardly need external legal advice. At most they might engage a barrister to represent them, but that would be exceptionally rare.
Title: Re: TFL judicial review
Post by: DancingDad on August 18, 2023, 09:11:17 am
So, when they lose (TFL), how is this problem going to be fixed?  New legislation unlike the bus lane saga?
Assuming the court finds with LT and that camera enforcement is unlawful, either TFL go back to parliament asking for a revision to the 2022 regs or they employ loads of CEOs and stop relying on Met Police or cameras

That is an assumption, the court may well decide that the interpretation of Red Route is more general and that camera use anywhere on a REd Route is OK.
This interpretation was difficult to argue against under the 2015 Amendment that interpreted Red Routes as "“red route” means a road conveying such red route road markings and signs as authorised or directed by the Secretary of State in the exercise of powers conferred on him by sections 64(1) and (2) and 65(2) of the Road Traffic Regulation Act 1984(4);"

It is within the 2022 regs that a tighter definition was brought in.
Title: Re: TFL judicial review
Post by: andy_foster on August 18, 2023, 12:02:10 am
So, when they lose (TFL), how is this problem going to be fixed?  New legislation unlike the bus lane saga?

To which "problem" are you referring?

The problem that motorists have is that TfL have decided that the protections that Parliament deliberately put in place to protect them from over-zealous authorities seeking to line their own pockets is hindering their god-given right to line their own pockets with minimum effort.

The problem that TfL have is that Parliament clearly decided that they must not use CCTV to enforce parking bays, which potentially hinders their ability to line their own pockets with minimum effort.

This is not a loophole that needs fixing - it is legislation being interpreted (by the Tribunal) the way that Parliament intended, and which TfL are ignoring. The closest to an actual loophole is that if the legislation is taken literally, CCTV is only allowed to be used where there are both single or double red lines *and* the time plates required only for single red lines - so CCTV would not be allowed for double red lines with no time plate (which is all double red lines). TfL's argument is that this literal interpretation would be absurd, so rather than applying the golden rule and reading in "in the case of single red lines" to the time plate requirement, the entire provision must be treated as a dead letter or otherwise read so as to allow TfL to do whatever they like. I must have been off sick when we did that rule of statutory interpretation.
Title: Re: TFL judicial review
Post by: Hippocrates on August 17, 2023, 10:31:00 pm
Suspect that TfL/GLA will have in house solicitors. No doubt they will follow Ealing's example and brief top KCs, though Mr.Byass who appeared at the panel hearing does not appear to be a K.C.

I meant the Tribunal's solicitors.
Title: Re: TFL judicial review
Post by: Hippocrates on August 17, 2023, 10:28:04 pm
So, when they lose (TFL), how is this problem going to be fixed?  New legislation unlike the bus lane saga?
Title: Re: TFL judicial review
Post by: cp8759 on August 17, 2023, 09:17:30 pm
Anyone with an outstanding PCN (at whatever stage) might want to email generaloffice@administrativecourtoffice.justice.gov.uk and inform the court that they consider they're an interested party to case CO/2884/2023.

Apparently it hasn't occurred to TFL that if they pursue everyone pending the judicial review, it makes them all interested parties.
Title: Re: TFL judicial review
Post by: John U.K. on August 17, 2023, 11:51:53 am
Suspect that TfL/GLA will have in house solicitors. No doubt they will follow Ealing's example and brief top KCs, though Mr.Byass who appeared at the panel hearing does not appear to be a K.C.
Title: Re: TFL judicial review
Post by: Hippocrates on August 17, 2023, 11:11:29 am
As a matter of interest, who are the Tribunal's solicitors?  Looking forward to this immensely.
Title: Re: TFL judicial review
Post by: guest17 on August 16, 2023, 04:38:19 pm
The meaning of "costs"-- suggests they will not seek to recover their legal fees should they be successful at JR but will still seek the penalty charges in those cases where they have sought a Review of the Tribunal's Decision.

It appears imperative that the Tribunal, as the Defendant, lists all those cases, such as Jimmy M's, where TfL have sought a Review obviously with the JR in mind.

The key issue for some of those PCN appellants is of course that they did forgo the discount in the knowledge of the Panel Decision. It would therefore be grossly unfair, if TfL were successful at JR, that they be dunned the higher amount of the penalty charge. That situation is highly prejudicial.


Mike
Title: TFL judicial review
Post by: cp8759 on August 05, 2023, 01:25:48 pm
Following an application by Transport for London, this court order has been made.

https://drive.google.com/uc?id=1JpH-X-iO2uG0mXTapM85S4iRcr60XWlZ

TFL has stated in correspondence that:

I confirm that TfL will not seek to recover its costs against any of the appellants should they choose to participate in the proposed judicial review proceedings, given the general public importance of the resolution of the core issue in these appeals and for the avoidance of doubt, nor will it seek to recover its costs against your organisation.

I would suggest anyone with an outstanding PCN affected by the interpretation of Regulation 11 has standing to join the proceedings as an interested party, and to oppose the claim.