This topic occurred in a thread over at Civil Penalties - rather than further clutter that thread
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/re-27-parked-in-a-special-enforcement-area-adjacent-to-a-footway-lowered-streath/it seemed sensible to continue the general discussion here.
@stamfordman:
It took a lot of digging, but eventually I found in
https://www.legislation.gov.uk/ukdsi/2022/9780348232752/schedule/1Action upon receipt of notice of appeal and copy of such notice
3.—(1) Upon receiving a notice of appeal the proper officer
(of the tribunal)
must—
(a)send an acknowledgement of its receipt to the appellant, and
(b)enter particulars of the appeal in the register.
(2) If the proper officer is satisfied that the notice of appeal is made in accordance with paragraph 2, the proper officer must send to the enforcement authority—
(a)a copy of the notice of appeal, and
(b)the directions extending the period for appealing (if any).
(3) Where an enforcement authority receives a copy of a notice of appeal sent to it under sub-paragraph (2), the authority must, within seven days of the day on which it receives that copy, deliver to the proper officer of a copy of each of the following—
(a)the original representations,
(b)the relevant penalty charge notice (if any), and
(c)the notice of rejection.
I am not sure if there are separate regulations for the London Tribunal.
That's interesting - not come across it before and thanks for digging it out.
I wonder if authorities mostly comply with it as I wonder if the tribunal(s) close the case in favour of the appellant when then don't. It's not something, I presume, that can be ascertained from the evidence pack.
Thanks really to
@Pastmybest. who started this hare running.
I assume the letter enclosing the Evidence Pack may carry a date, or the e-mail to which it is attached?I'll start a thread in the Flame Pit, which may be more appropriate as it may affect multiple cases.
Has anyone had success with this point?
Playing devil's advocate: if it does apply in London, the tribunal may plead that it allows latitude to appellants, so why not to EAs?
Score: CP 2, EA 1
Once again an interpretation dependent on the whimsy of an individual adjudicator, apparently flying in the face of the 'must' of the Regulations...
Score: CP 2, EA 1
Once again an interpretation dependent on the whimsy of an individual adjudicator, apparently flying in the face of the 'must' of the Regulations...
That’s entirely consistent with other court rules. The flexibility is there to do justice, rather than to make justice the servant of the rules. Whether justice is done in an individual case is another matter.