1
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
It will almost certainly just be you and the adjudicator, it's really rare for anyone from the Council to turn up, doubly so since the adjudicator is likely to ask them some embarrassing questions about the irrelevant 50cm nonsense.
Don't expect the adjudicator to want to hear everything you have to say, they are quite likely to stop the proceedings once they decide you have a winning argument.
I think the quickest route would be to start by asking the Adjudicator if the council are allowed to change their mind about which offence they issued the PCN for. The answer to this is of course, no.
If the adjudicator wants to discuss you being more than 50cm from the edge of the carriageway, don't panic, you're actually in a situation where you could admit you did that and not be in in any danger, because there's a time limit on making accusations and it's too late for the Council (or the adjudicator) to go there. The line to take is that you would have considered your options if you were issued a PCN for that, but that's not what happened. You're here to dispute the PCN you did receive, not a theoretical one that the Council might have issued but can't now as it's too late.
If that approach doesn't win the case for you, move on to asking the adjudicator if the Council are required to consider your representations, and if so, does a whole load of waffle about 50cm prove that they did so. The answer to these questions are going to be "yes" and "no".
In the unlikely event that the adjudicator has still not ruled in your favour at this point, move on to your intitial point about this not being signposted as a red route, and ask if the Council are allowed to withhold evidence about this until the Evidence Pack stage, despite you asking for it at the first opportunity.
The LLA & TfL Act 2003 is flawed and has stumped quite a few councils because of this flaw. The Act allows 28 days from date of notice to pay-up, or 28 days from date of service of notice, to submit representations (appeal). So if you submit reps on Day 29 from date of notice, you are overdue paying, yet still in time for submitting reps !! Stupid isn't it.
'We issued your PCN because your vehicle was ...........'
Whereas the actual PCN states...............!
Read the NOR.
I've submitted formal reps to TfL....This was my reps
..where are they?
S76(3). Who advised including this?
Anyway, you're home and dry.
Read the NOR. Don't read what you think it says, read what it actually says.
I challenge liability on the ground that the alleged contravention did not occur. I also do not accept that the CEO had started to prepare the PCN before the vehicle was driven away from the location where it was seen. Furthermore, the authority is in breach of section 76(3) of the Traffic Management Act 2004, that is a procedural impropriety which means the penalty charge must be cancelled in any event.
Yours faithfully,