3. Primary evidence. Which is it? The video or the Penalty Charge Notice?
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Primary evidence. Which is it? The video or the Penalty Charge Notice?
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Had a pleasant but short discussion with an adjudicator some weeks back. When I raised this issue, after the appeal was allowed for other reasons, I also mentioned that, of course, and in all cases, unless the PCN is adduced as evidence, the council's case is lost. She then mentioned some legal phrase which I have forgotten/did not hear correctly.  :-[

I am specifically referring to Havering here and a review is pending re another adjudicator's decision who clearly favoured the former definition.

Because of the FTLA shirt, I shall keep my posts as cryptic as possible.  ;)
« Last Edit: December 06, 2024, 06:03:40 pm by Hippocrates »
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"

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Re: Primary evidence. Which is it? The video or the Penalty Charge Notice?
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“Best evidence rule”?
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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: Primary evidence. Which is it? The video or the Penalty Charge Notice?
« Reply #2 on: »
Quote from: Southpaw82 on December 06, 2024, 08:57:57 pm
“Best evidence rule”?

Don't think so. It was some High Court reference and she explained her approach.
Logged
I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: Primary evidence. Which is it? The video or the Penalty Charge Notice?
« Reply #3 on: »
Guessing game here. Gestmin?
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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.
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  3. Primary evidence. Which is it? The video or the Penalty Charge Notice?