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Messages - gge12

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2
Can anyone support with the tribunal step please?

3
I used the reps that you advised above verbatim and now want to go to Tribunal with these points, the lack of signage, mix up of dates on Lambeth's website and the address error!

4
Only just got a response from Lambeth rejecting my formal appeal. We moved house just after the challenge was made and despite providing our new address in my representations and changing address with the DVLA, they still sent it to our old address. Therefore we have had to call and request online for them to send a copy and they have emailed it in a PDF (please see below).

https://imgur.com/a/5CW6fT8

5
As regards formal reps, I'd submit the same as before but with a slight change.

PCN *******

On *** informal representations were made against this PCN, the central theme of which was the council's failure to ensure the placing 'on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road' contrary to The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 and the council's Temporary Traffic Order which created the restriction. Those representations set out the legal framework in detail.

On ** the authority rejected those representations in a manner which could best be described as off-hand without any attempt to address the grounds in detail and in the mistaken belief that a traffic order is a traffic sign whose display meets the council's LATOR obligations.

Those representations are herewith submitted as my formal representations and, in accordance with the Secretary of State's statutory guidance, should these be rejected the authority is required to 'give the owner clear and full reasons for its decision..,', failure to do which may be seen as 'maladministration'.


Yours


Wait for comments.

So would this count as procedural impropriety on the part of the enforcement authority? I need to choose the grounds for my representation.

6
Thanks will submit the above. Should I also include mention of Lambeth's online requests to pay the fine even after I had submitted my initial appeal? I'm aware this point alone has successfully won cases at tribunal (please screenshot in my earlier post on the 1st page of this thread).

7
Earlier rejection addressed to me and NTO addressed to her confusingly. Maybe it's because I have previous with them in this car!

8
https://imgur.com/a/ElSJTEt

My wife is actually the registered keeper but I was the driver at the time and made the initial appeal in my name.

9
NTO received, though dated 18th July, I only saw it yesterday as just back from holiday so am a bit late to the party.


10
https://imgur.com/a/CzBLSJA

Lambeth have rejected my appeal. They state that 'signage is present at the location and meet necessary requirements for enforcement action'. As stated above, there were no temporary traffic signs on the day and they have been unable to evidence any, respite their assertion. Furthermore, their website was still urging me to pay 80 quid even after I had submitted my appeal (see screenshot in earlier post).

I am awaiting the NTO to formally challenge.

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12
Lo and behold the signs have since been covered and replaced with signs for the new traffic order

13
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15
Do you think it's better to appeal as above on the basis that The Traffic Management Order is invalid or due to procedural impropriety?

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