Free Traffic Legal Advice

General discussion => The Flame Pit => Topic started by: Hippocrates on December 06, 2024, 05:55:55 pm

Title: Re: Primary evidence. Which is it? The video or the Penalty Charge Notice?
Post by: Southpaw82 on December 07, 2024, 11:04:10 am

Guessing game here. Gestmin?

Title: Re: Primary evidence. Which is it? The video or the Penalty Charge Notice?
Post by: Hippocrates on December 07, 2024, 10:26:22 am

Quote from: Southpaw82 on December 06, 2024, 08:57:57 pm

“Best evidence rule”?

Don't think so. It was some High Court reference and she explained her approach.

Title: Re: Primary evidence. Which is it? The video or the Penalty Charge Notice?
Post by: Southpaw82 on December 06, 2024, 08:57:57 pm

“Best evidence rule”?

Title: Primary evidence. Which is it? The video or the Penalty Charge Notice?
Post by: Hippocrates on December 06, 2024, 05:55:55 pm

Had a pleasant but short discussion with an adjudicator some weeks back. When I raised this issue, after the appeal was allowed for other reasons, I also mentioned that, of course, and in all cases, unless the PCN is adduced as evidence, the council's case is lost. She then mentioned some legal phrase which I have forgotten/did not hear correctly.  :-[

I am specifically referring to Havering here and a review is pending re another adjudicator's decision who clearly favoured the former definition.

Because of the FTLA shirt, I shall keep my posts as cryptic as possible.  ;)