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Messages - moctey

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here are the files

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I have received the full evidence package, is it worth reviewing?

I strongly disagree with the comments above. From traffic-signs-manual-chapter-03 / Pedestrian Zones 6.1.1 it states:

"If a pedestrian zone is introduced on a road that was previously a signed route or was used by significant through
traffic, consideration should be given to providing or changing directional signing to guide
prohibited traffic to use the preferred alternative route, as described in 5.1.2"

Please note they say prohibited traffic and not prohibited vehicles.

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yes I find this almost as dumb as giving someone a traffic offense because he is walking slowly because his bike is too heavy too push. Seriously those council persons supposed to work for their people have no shame and I find it amusing that people in this country don't push back. Anyway... I have submitted my appeal with no real arguments, I am going to lose this one.

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restricted for school from 8.15am to something like 10.

How often have you done this? Exactly the same circumstances? Any recently before this event?
=> yes many times this year, I bring my children to school and every time I am after 8.15 I push the bike...well until now, not taking the risk anymore, but I wonder if I can push on pavement.

No motor vehicle... yes I agree but if we want to play dumb I can say that there is no proof that my vehicle had a motor at that time...

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attached is the pcn

and my challenge:

Dear Sir or Madam,
On-line challenge for LJ26486094
On the grounds of:
The contravention did not occur
Reason:
At the time I am supposed to have been in contravention, the restriction did not apply
Further explanation :
This must have been issue automatically without taking into account that I stepped of my bike to push it by hand
because of the restriction. However I have done this many time and I am not sure what was different this time
because it's the first time I receive a PCN for doing that. Also my children are in the school on this street and I am
very happy that we have this

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The video evidence shows me at all time pushing my bike at a time where the area is restricted

For the council it doesn't exempt me from the restriction... are they right? Is there a way to escape this?

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any way to claim compensation?
Firstly, well done.  Secondly, "compensation" does not exist;  however, if you wish to pursue an application for "costs", the threshold of wholly unreasonable conduct is rather high.  I know. Just won a case (as representative) re costs today and I had to get out my climbing equipment. And you will need one of us to represent you.

yes still interested, I find this as bad as submitting doctored evidence to the tribunal. Even if the threshold is high it should be above.

and yes sorry for the late reply, of course happy to share all the details, Case Reference: 2230384795 (refused)

since we know they have submitted the same undated evidence for several years, seems natural that all PCNs should be cancelled


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any way to claim compensation?

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No shock 8) , council sent a do not contest form and a refund.

Now I would like to explore compensation because they have tried to win knowing that they submitted false evidence to the tribunal.

Fyi, decision:

Thank you for your recent correspondence regarding the above Penalty Charge Notice that has been passed to me
by the Parking Appeals service.
Your comments have been noted together with your evidence supplied.
Although the PCN was issued correctly within the Traffic Management Order (TMO) stipulated enforcement times of
the restricted bus lane which are Mondays to Sundays inclusive 7am to 7pm, the discrepancy raised regarding the
signs has been noted/flagged to our signs and lines team and we have decided on this occasion not to contest the
case. Our records show that this PCN was paid following our Notice of Rejection and a refund of £130.00 has been
approved which you should receive within 28 days of this notice.
This authority will not be contesting your appeal against liability for the Penalty Charge Notice and therefore the
notice has been cancelled and the case is now closed. We have also written to the Parking Appeals Service
informing them of our decision.
Please note that each case is treated on its own merit and that you have now been made aware of the restrictions of
this bus lane and future Penalty Charge Notices (PCN) may not be cancelled.
Lambeth Council will not be issuing compensation as requested in your letter as the PCN is now cancelled and the
case is closed. You may with to visit the Environment and Traffic Adjudicator's website in relation to applying for
costs.
I trust this matter has been resolved to your satisfaction and we apologise for any inconvenience caused.

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I am not hoping for a miracle but just basic justice. Here is what I sent, I'd be shocked if review is not accepted and appeal allowed

I am writing to apply for a review of the decision made by Adjudicator Ms. Natalie Goffe on 7th October 2023 regarding Case number 2230384795, where my appeal against liability for the payment of Penalty Charge Notice LJ25354983 was refused.

This exact situation was already decided by Teresa Brennan on the 8th March 2023 case (case 2230095470, PCN LJ23107724) because evidence submitted by the council was unacceptable:

“The local authority provides photographs of a sign at the junction of Lambeth Walk and Lambeth Road that warns drivers that there is a bus lane on the left. The photograph is undated. None of the photographs provided by the council are dated. I find that the evidence shows that the signs in Lambeth Road have changed from a bus lane that is in operation from 7am to 7pm to a bus lane that is in operation at all times. As the council's photographs are undated and as I cannot read the sign in the CCTV footage because the camera does not focus on the sign I cannot be satisfied that the bus lane was clearly signed in accordance with the traffic order on 28th November 2022.”

Remarkably, the evidence presented in Case Number 2230384795 (October 2023) mirrors the undated photographs used in Case Number 2230095470 (November 2022). The council has repeatedly neglected to consider the actual facts when responding to appeals. Given that the evidence previously ruled unacceptable is being recycled for multiple appeals, there is a significant concern regarding a systematic denial of justice. The evidence used for the current case decision is factually incorrect, offering no insight into the present condition of the road signage. Furthermore, it appears that additional information I provided after receiving the council’s evidence was not acknowledged or considered in the final decision (including dated and recent pictures contradicting EA’s pictures), potentially indicating a procedural oversight.

In light of these considerations, I am compelled to seek a review under Regulation 12 of the Schedule to The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001. This request is submitted within the required 14 days following the Adjudicator's decision, and for your convenience, I have attached the prior decision which approved the appeal.


Given the serious and systemic flaws evident in the appeal process, I am also compelled to seek compensation and a formal condemnation of the Enforcement Authority's approach to handling appeals. It is apparent that the council has not evaluated my appeals — and likely many others — with the requisite level of honesty and consideration.

Thank you for your prompt attention to this critical matter. I look forward to your timely response.

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yes you're right... I am trying to pay, but declined every time so far after using different banks.

also now forced to pay twice as much because I lost...

and the doesn't bother anyone that the council can submit faked evidence? can I sue them independently for that?

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ok makes sense for the hearing

pre warning sign yes, but didn't get a chance to see a warning sign. I have been caught before passing the first blue sign. How could I know that this bus lane was not permitted to moped when all TFL road around are. 50 yards is nothing... blatent bleach, yes if you've had signs to be warned. In my case I had no signs.

any for me the worst is that the council used undated/outdated evidence, I have made this FOI:

Dear Lambeth Borough Council,

I have noticed that on Lambeth Walk leading to Lambeth Road, the white sign featuring a bus symbol is not visible as it is rotated 180°. This situation leads to road users receiving Penalty Charge Notices (PCNs) without proper advance warning typically expected in such scenarios. In light of this, could you please provide information on the following:

1. How many PCNs have been issued at Lambeth Road (W) to individuals who entered from the side road and later contested the signage visibility in their responses?
2. Out of the aforementioned number, how many PCNs were subsequently cancelled?
3. When was the issue of the rotated sign first reported to the council?
4. When the council presents cases against road users at Lambeth Road (W) – irrespective of their approach route – photographic evidence is submitted to the Environment and Traffic Adjudicators to demonstrate compliance with sign visibility standards. It has come to my attention that the council consistently uses the same image for this location. Could you please provide the date on which this recurring photograph was initially captured?
5. In cases where individuals feel unjustly penalized due to outdated or inaccurate evidence submitted by the council (for instance, when the photographs used do not reflect the current state of the signage), what is the appropriate contact or email address for them to seek refunds for charges incurred as a result of adjudication by the Environment and Traffic Adjudicators?

I await your prompt response.

Yours faithfully,


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The reference number for the case can be found in the letter I have sent. I wish to seek clarification on two particular points:

1. **Strength of Argument:**
I approached from a side road, with the only preliminary warning being a white sign featuring a bus - a symbol that is, in my view, not self-explanatory. Moreover, this sign was rotated 180°, rendering it completely invisible from my vantage point. Upon entering the bus lane (where I believe it isn’t intuitively obvious to moped drivers that entry is restricted), the subsequent signs were accurate. However, I neither had adequate time to exit the bus lane nor did it make logical sense to do so, given I intended to make a left turn after traveling less than 50 meters in the lane. Does the misoriented sign not serve as a strong argument in my favor? My assumption was that it constituted a significant point, but should it be deemed weak, my case might be untenable.

2. **Prior Case Precedent:**
Interestingly, I previously won an identical case where the council had supplied undated photographs, a fact I didn’t initially notice. In the current situation, I explicitly noted the absence of dates on the pictures, provided up-to-date images showing the signs’ altered positions, accused the council of deliberate deception, and requested financial compensation for their intentional misinformation. To my astonishment, none of these arguments were acknowledged or addressed.

3. **Concerns Regarding Paper Appeals:**
Could you please elucidate why appeals submitted in paper form are seemingly ineffective or disadvantageous?

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I found that I should write them, is there a chance to overturn by sending a letter like this?

Head of Support Services
London Tribunals
PO Box 10598
Nottingham
NG6 6DR

08/10/2023

Dear Sir or Madam,

Application for Review
Case number: 2230384795
Penalty Charge Notice number: LJ25354983
Date of Adjudicator’s decision: 7th October 2023

I am writing to apply for a review of the decision made by Adjudicator Ms. Natalie Goffe on 7th October 2023 regarding Case number 2230384795, where my appeal against liability for the payment of Penalty Charge Notice LJ25354983 was refused.

I wish to apply for a review under Regulation 12 of the Schedule to The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001, within the stipulated 14 days following the adjudicator’s decision.

I seek a review for the following reasons:

1. **Inaccurate Evidence from the EA:** The decision was based on the EA's evidence, which I believe to be outdated and undated. This reliance led to a decision that I find erroneous, as it can be discredited through an on-site visit or consultation with Google Street View.

2. **Overlooked Supplementary Evidence:** A potential procedural error occurred when my supplementary evidence was submitted after the initial case submission. This evidence, crucial for my case, appears to have been overlooked or disregarded during the adjudication process.

To elaborate further, the final decision states: "The signage is also clear and compliant". However, the supplementary evidence I submitted post-initial case submission distinctly shows the signage is turned, making it non-visible to road users, thereby challenging the adjudicator's statement and the final decision's validity. This clear discrepancy between the adjudicator’s statement and the actual situation on the ground as supported by my evidence renders the decision "plainly incompatible with the evidence that was before the adjudicator", providing grounds for a necessary review.

I respectfully request the evaluation of my application for review, with a detailed assessment of the new and previously overlooked evidence to ensure a fair and just re-evaluation of the case.

I appreciate your attention to this matter and await your prompt response.

Yours sincerely,


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