Author Topic: The need for a Higher Tribunal  (Read 35 times)

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The need for a Higher Tribunal
« on: »
@cp8759 @mrmustard

I am staring this topic due to the lottery and review system in place. I apologise to "The Wizard"; but, I ask again: what is the mechanism to put in place a higher Tribunal whose adjudicators are separate and "higher" than the current ones so that people do not have to fork out thousands to apply for Judicial Review?

This surely needs a concerted effort by many to approach their MPs and get the ball rolling.

I have enough on my plate at present and am finding it difficult coping with advising on here and dealing with appeals - some of which belong to me - apart from taking councils to task big time.

I really hope we can achieve some change in this regard and I do remember raising this before my last personal hearing in February 2025 with the Chief Adjudicator.
« Last Edit: Today at 02:18:14 pm by Hippocrates »
IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

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Re: The need for a Higher Tribunal
« Reply #1 on: »
Presumably it would require legislative change to either create an appellate tribunal or direct appeals to the existing Upper Tribunal.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: The need for a Higher Tribunal
« Reply #2 on: »
Presumably it would require legislative change to either create an appellate tribunal or direct appeals to the existing Upper Tribunal.
Correct, even if all chief adjudicators agreed with Hippocrates, ultimately only Parliament could bring about such a change. The obvious route would be an appeal to the existing Upper Tribunal, similarly to what's been done in Scotland.

As always the question will be cost, as appeals to the UT would either have to carry very significant fees to cover the costs of paying judges, admin staff, IT systems and so on, or some charging mechanism would need to be introduced whereby enforcement authorities get invoiced by HMCTS for the cost of such appeals. Councils won't want to pay anything, so the government of the day would need to impose a charging mechanism on them.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: The need for a Higher Tribunal
« Reply #3 on: »
The obvious route would be an appeal to the existing Upper Tribunal, similarly to what's been done in Scotland.

This is the part I have forgotten! Where is it please?

IF YOU RECEIVE A MOVING TRAFFIC PCN PLEASE READ THIS BEFORE MAKING A REPRESENTATION:

https://www.ftla.uk/the-flame-pit/moving-traffic-pcns-missing-mandatory-information-the-london-local-authorities-a/msg102639/#msg102639


How do we get more people to fight their PCNs?

https://www.ftla.uk/the-flame-pit/how-do-we-get-more-people-to-fight-their-pcns/msg41917/#msg41917

If you do not even make a challenge, you will surely join "The Mugged Club".

I am not omniscient. cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

My e mail address for councils:

J.BOND007@H.M.S.S.c/oVAUXHALLBRIDGE/LICENSEDTOEXPOSE.SCAMS.CO.UK

Last mission accomplished:

https://www.ftla.uk/the-flame-pit/southwark-to-r

Re: The need for a Higher Tribunal
« Reply #4 on: »
The obvious route would be an appeal to the existing Upper Tribunal, similarly to what's been done in Scotland.

This is the part I have forgotten! Where is it please?
Have a look here.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order