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The Flame Pit / Re: Access restrictions to stop rat running
« on: Today at 12:23:41 pm »
EA has burden of proof but only to prove someone passed the motor Vehicles Prohibited sign?
So is it incumbent on the driver to prove the 'Access Only' exemption applies?
Without full CCTV coverage and/or no definitive evidence for reason for access it comes down to balance of probability.
Journey without stopping is 1 min 15 secs. Video evidence shows 1 min 35 secs on the estate. Adjudicator has to decide if the 20 secs difference is because the driver stopped for access. 52/48 in favour of appellant?
So is it incumbent on the driver to prove the 'Access Only' exemption applies?
Without full CCTV coverage and/or no definitive evidence for reason for access it comes down to balance of probability.
Journey without stopping is 1 min 15 secs. Video evidence shows 1 min 35 secs on the estate. Adjudicator has to decide if the 20 secs difference is because the driver stopped for access. 52/48 in favour of appellant?











