1
Civil penalty charge notices (Councils, TFL and so on) / Re: Hackney - Code 52m Failing to comply with prohibition - Stoke Newington ChurchSt: Junction Lordship Park
« on: Today at 05:39:57 pm »
Yeah I am the registered Keeper!
Will submit the appeal asap but was wondering if there was anything I should add to it.
this was my write-up below:
Ground of Appeal Selected:
☑ The contravention alleged by the authority did not occur
Details of Appeal:
The Appellant appeals on the ground that the contravention did not occur.
The Appellant does not accept that the Enforcement Authority has discharged the burden of proving the alleged contravention and requires strict proof of all elements relied upon by the Authority.
Whilst the Notice of Rejection makes a number of assertions regarding the restriction, signage and advance warning signs, the Appellant has not been provided with sufficient evidence to verify those assertions.
In particular, the Appellant requires the Authority to provide:
• The complete CCTV evidence relied upon;
• Evidence identifying the precise location of the alleged contravention;
• Evidence of the restriction in force at the material time;
• Evidence of all regulatory signs relied upon by the Authority;
• Evidence of the positioning, visibility and adequacy of those signs from the driver's perspective;
• Evidence of any advance warning signs referred to in the Notice of Rejection;
• The relevant Traffic Management Order and any amendments applicable to the location.
The Notice of Rejection states that the location was checked and that the signage is compliant, visible and adequate. It further states that advance warning signs were present prior to the restriction. The Appellant requires the Authority to substantiate those assertions with contemporaneous evidence.
The Appellant respectfully submits that the burden rests with the Authority to prove, on the balance of probabilities, that the restriction was correctly signed and that the alleged contravention occurred as stated.
The Appellant reserves the right to provide further submissions upon receipt and review of the Authority's evidence pack.
For completeness, the Appellant has also requested that the Authority exercise discretion in light of exceptional personal circumstances supported by medical evidence that was not available when the original representations were made. Whilst the Appellant understands that mitigation alone is not ordinarily a basis upon which an appeal can be allowed, the Appellant respectfully requests that the Adjudicator take note of these circumstances and, if appropriate, consider whether the matter should be referred back to the Authority for further consideration of discretion.
The Appellant therefore requests that the appeal be allowed and the PCN cancelled.
Will submit the appeal asap but was wondering if there was anything I should add to it.
this was my write-up below:
Ground of Appeal Selected:
☑ The contravention alleged by the authority did not occur
Details of Appeal:
The Appellant appeals on the ground that the contravention did not occur.
The Appellant does not accept that the Enforcement Authority has discharged the burden of proving the alleged contravention and requires strict proof of all elements relied upon by the Authority.
Whilst the Notice of Rejection makes a number of assertions regarding the restriction, signage and advance warning signs, the Appellant has not been provided with sufficient evidence to verify those assertions.
In particular, the Appellant requires the Authority to provide:
• The complete CCTV evidence relied upon;
• Evidence identifying the precise location of the alleged contravention;
• Evidence of the restriction in force at the material time;
• Evidence of all regulatory signs relied upon by the Authority;
• Evidence of the positioning, visibility and adequacy of those signs from the driver's perspective;
• Evidence of any advance warning signs referred to in the Notice of Rejection;
• The relevant Traffic Management Order and any amendments applicable to the location.
The Notice of Rejection states that the location was checked and that the signage is compliant, visible and adequate. It further states that advance warning signs were present prior to the restriction. The Appellant requires the Authority to substantiate those assertions with contemporaneous evidence.
The Appellant respectfully submits that the burden rests with the Authority to prove, on the balance of probabilities, that the restriction was correctly signed and that the alleged contravention occurred as stated.
The Appellant reserves the right to provide further submissions upon receipt and review of the Authority's evidence pack.
For completeness, the Appellant has also requested that the Authority exercise discretion in light of exceptional personal circumstances supported by medical evidence that was not available when the original representations were made. Whilst the Appellant understands that mitigation alone is not ordinarily a basis upon which an appeal can be allowed, the Appellant respectfully requests that the Adjudicator take note of these circumstances and, if appropriate, consider whether the matter should be referred back to the Authority for further consideration of discretion.
The Appellant therefore requests that the appeal be allowed and the PCN cancelled.
So crazy to get a £80 parking ticket for driving into Lidl within such arbitrary hours (Mon - Sat 8am - 10am and 4.30 - 7pm, saturday too why?) - why would I ever go back there? Very discouraging that a first time offence is penalised like that - I can't just apologise and say I'll never do it again? So many people are caught out at that exact same junction given the high levels of PCN issuage and consistent signage issues.