Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: eanp83 on November 18, 2024, 04:42:47 pm
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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 2240531841
Appellant Elvis Alberto Nunez Paniagua
Authority Transport for London
VRM EA18ZTH
PCN Details
PCN GX16580176
Contravention date 03 Jul 2024
Contravention time 04:57:03
Contravention location A23 LONDON ROAD SW16 N-BND TO STREATHAM H RD
Penalty amount GBP 160.00
Contravention Being in a bus lane
Referral date -
Decision Date 13 Jan 2025
Adjudicator Martin Hoare
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
Mr Nunez Paniagua who took part in the hearing by phone, was represented by Mr Morgan. The Authority did not attend and was not represented.
On 6 January 2025 Mr Morgan wrote ‘Having spoken with my client this evening, he has not received any evidence pack from TFL. Therefore, I ask that the appeal be allowed as provided at Schedule 1, para. 7(6): (6)Nothing in sub-paragraph (1) or (4) above makes a document admissible as evidence in proceedings under paragraph 6 above unless a copy of it has not less than 7 days before the hearing, been served on the appellant; and nothing in those paragraphs makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days
before the hearing or within such further time as the traffic adjudicator may in special circumstances allow, serves a notice on the council requiring attendance at the hearing or trial of the person who signed the document.’
The pre appeal representations read ‘ I was in a job as Private Hire Driver however as per TFL guidelines PHVs can also cross bus lanes to gain access to the kerbside to pick up or drop off passengers, but must leave the bus lane straight away. passenger request an stop at the area mentioned’.
The authority provided the Tribunal with evidence in support of its decision.
https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
provides that’ Nothing in sub-paragraph (1) or (4) above makes a document admissible as evidence in proceedings under paragraph 6 above unless a copy of it has not less than 7 days before the hearing, been served on the appellant; and nothing in those paragraphs makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or within such further time as the traffic adjudicator may in special circumstances allow, serves a notice on the council requiring attendance at the hearing or trial of the person who signed the document.’
The Authority Summary , received by the Tribunal is dated 7 January 2025.
Mr Nunez Paniagua credibly explained that he had received no evidence from the Authority in respect of the appeal.
I find that the Authority did not comply with its obligations under the Act in respect of service of evidence and cannot rely on its evidence in this appeal. The Authority has not established that the alleged contravention occurred.
The appeal is allowed.
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Just sorting this out.
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I assume you wish to take this all the way? If so, I am more than happy to assist as this is a technical appeal. But, I need to see all the documents. PM sent.
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Hello Everyone,
I have received the following PCN from TFL red routes bus lane
I Just did the informal representation
I am Private Hire Driver and the passenger requested an stop and then changed of mind
however as PHV driver we can stop for very short time in a Bus Lane to Pickup and Drop off passengers but anyway has been rejected.
Regards to all
https://imgur.com/a/jiffHl6
here is the link with the location
https://maps.app.goo.gl/25pQCAEZZCxBJMss6
So I have done the following advice:
you need to make a representation, you'll have to do it by post I'm afraid and I would recommend you send it by special delivery.
All you need to say in the representation is this:
Dear Transport for London,
I challenge liability on the ground that the alleged contravention did not occur, please cancel the penalty charge.
In any event I hereby make an FOI request for the make and model of the camera device.
Yours faithfully,
Separately to that, call TFL on Monday on 0343 222 3333 and ask for the video, they will send you a DVD in the post and the PCN will be put on hold while you wait.
and then I have received the following:
https://imgur.com/a/ZqMQyht
I really appreciate any comment how to proceed.
thanks in advance.