Author Topic: Mistakes in TRO  (Read 287 times)

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kno

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Mistakes in TRO
« on: October 10, 2024, 03:42:56 pm »
I came across a report from Reading Council where the TROs themselves had faults. I have seen cp8759 getting TROs, and analysing PCNs against it, but how does someone validate TROs itself?

Do they go through audit, or does someone flag it up the totem pole after a certain time?

https://media.reading.gov.uk/news/council-apologises-to-motorists-and-urges-them-to-claim-refunds-for-incorrectly-issued-parking-penalties

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andy_foster

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Re: Mistakes in TRO
« Reply #1 on: October 10, 2024, 04:51:23 pm »
Most likely, an "activist" has obtained the TRO and found that it does not lawfully provide such restrictions as are sought to be enforced by the council revenue machine.

Quite how someone "validates" a TRO would seem to depend on what meaning you are attempting to ascribe to the nebulous term "validate".
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roythebus

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Re: Mistakes in TRO
« Reply #2 on: October 12, 2024, 08:36:27 am »
About 15-18 years ago my locl authority TROs had parking restrictions in streets that didn't exist. After intervention by "an activist" (me) and internet research (ppp) it was found that a number of roads in New Romney with parking restictions weren't actually on the TRO. Well, not for New Romney. they were included in the TRO for Lydd, some five miles distant. Somebody had perpetuated the mistake by cutting and pasting and posting in the wrong town. It saved me quite a bit in parking fines. Nobody had bothered proof reading anything.
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cp8759

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Re: Mistakes in TRO
« Reply #3 on: October 19, 2024, 01:26:10 pm »
I came across a report from Reading Council where the TROs themselves had faults. I have seen cp8759 getting TROs, and analysing PCNs against it, but how does someone validate TROs itself?
You read the TRO and check if it creates the restriction the authority purports to enforce, here's some examples:

Sudhish Kumar v London Borough of Camden (2220603349, 28 September 2022) which originates from this facebook post.
Bertan Atalay v London Borough of Camden (2230051861, 1 March 2023) which originated from here.
John Hayes v London Borough of Camden (223050740A, 8 January 2024) which originated here.
Hershel Gluck v London Borough of Hackney (2210675864, 18 June 2021)
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 nor 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.

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

H C Andersen

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Re: Mistakes in TRO
« Reply #4 on: October 20, 2024, 07:07:21 pm »
OP, is the council asking people to believe that none of these PCNs was challenged and/or that none of these questioned the applicable TRO and that somehow whatever errors were discovered escaped the attention of an army of council officers who penned rejections and assembled evidence for tribunals and/or that whatever errors were present escaped dozens of adjudicators over the years?

IMO, as Big X said in the film The Great Escape..DIG!

cp8759

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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 nor 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.

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