Author Topic: TPT refusal to hold face to face hearings  (Read 181 times)

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guest1964

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TPT refusal to hold face to face hearings
« on: June 10, 2024, 01:12:00 pm »
the TPT has decided as policy that there is no longer a right to a face to face hearing - they refuse to travel since covid it seems.

It's phone hearing or nothing. It seems the only way to challenge this is a JR.

These hearings replaced mags court hearings and are supposed to be in public, for obvious reasons.

How they think they can act like this is beyond me.



The tpt claims that adj. case management powers allow them to override the regulations.

Disposal of an appeal without a hearing

6.—(1) Subject to the following provisions of this paragraph, the adjudicator may dispose of an appeal without a hearing.

(2) The adjudicator shall not dispose of an appeal without a hearing if, in his opinion, the appeal raises issues of public importance such as to require that a hearing be held.

(3) The adjudicator shall not dispose of an appeal without a hearing if either party has requested a hearing unless—

(a)the party who made the request withdraws the request before notice of a hearing has been sent to the other party under paragraph 7;

(b)both parties have subsequently consented to the appeal being disposed of without a hearing; or

(c)the party requesting the hearing having been sent a notice of the hearing of an appeal in accordance with paragraph 7, fails to attend or be represented at the hearing.

(4) Where the adjudicator is minded to dispose of an appeal without a hearing, he shall not do so unless and until either—

(a)there has elapsed a period of 28 days beginning with the date on which an acknowledgement is sent in accordance with paragraph 3(1) during which neither party has requested a hearing; or

(b)both parties have consented to its disposal without a hearing.

Admission to a hearing

8.—(1) Subject to the provisions of this paragraph, a hearing shall be held in public.

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John U.K.

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Re: TPT refusal to hold face to face hearings
« Reply #1 on: June 10, 2024, 03:02:58 pm »
From
https://www.legislation.gov.uk/uksi/2022/576/schedule/1/part/2/made/data.xht?view=snippet&wrap=true

It's worth reading the whole of paragraph 8 as it appears all hearings are now to be in private:


Quote
Public and private hearings and admission to a hearing

8.—(1) Subject to the provisions of this paragraph, a hearing is to be held in public.

(2) The adjudicator may direct that the whole or any part of a hearing be held in private if satisfied that it is just and reasonable to do so by reason of—

(a)the likelihood of disclosure of intimate personal or financial circumstances,

(b)the likelihood of disclosure of commercially sensitive information or information obtained in confidence, or

(c)exceptional circumstances not falling within paragraph (a) or (b).

(3) Any other adjudicator is entitled to attend the hearing of an appeal which is held in private.

(4) The adjudicator, with the consent of the parties, may permit any other person to attend the hearing of an appeal, which is held in private or, where part of it is so held, that part.

(5) Without prejudice to any other powers an adjudicator may have, the adjudicator may exclude from the hearing of an appeal, or part of it, any person whose conduct has disrupted, or is likely, in the opinion of the adjudicator, to disrupt, the hearing.

Are TPT pleading sub-paragraph 2( c ) ?

@ParkingWatch... what was the source of this info about TPT?
« Last Edit: June 10, 2024, 03:55:09 pm by John U.K. »

guest1964

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Re: TPT refusal to hold face to face hearings
« Reply #2 on: June 10, 2024, 11:30:41 pm »
The source is the TPT.The joint committee is aware of this.

It seems that the last face to face hearing for parking was late 2019.

By all means, contact the tpt and ask what is going on, ask the chief adj. to reply.

London tribs, NI, Scotland, all have a hearing centre, I think Scots adjs may travel as well, not sure.

In tv show Parking Mad, they filmed tpt hearing with Caroline Shepherd (retd). Looks like it was in a hotel.

The footage is on youtube.

cp8759

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Re: TPT refusal to hold face to face hearings
« Reply #3 on: June 11, 2024, 05:22:34 pm »
the TPT has decided as policy that there is no longer a right to a face to face hearing - they refuse to travel since covid it seems.

It's phone hearing or nothing. It seems the only way to challenge this is a JR.

These hearings replaced mags court hearings and are supposed to be in public, for obvious reasons.

How they think they can act like this is beyond me.
@ParkingWatch you are mistaken, hearings are conducted via video conference and are open to the public. You can email the tribunal and tell them you want to observe any particular hearing, or simply the hearings that are listed for any particular day, and you are able to join and observe as much as you want.

Indeed, I have observed several hearings myself, and I've been in more than one hearing where I had conduct of the proceedings and some random member of the public joined to observe.

There is no right to a hearing in the same physical room, indeed many court hearings are conducted by video conference. I recently observed a High Court case (nothing to do with anything we deal with on this site) via video conference.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". 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.

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

guest1964

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Re: TPT refusal to hold face to face hearings
« Reply #4 on: June 12, 2024, 01:09:58 am »
and upon whom does the statutory duty fall to provide the necessary means to join a remote hearing?

Notice of time and place of hearing

7.—(1) This paragraph has effect where a hearing is to be held for the purpose of disposing of an appeal.

(2) The proper officer must

(a)fix the time and place of the hearing, and

(b)not less than 21 days before the time so fixed, or such shorter time as the parties agree—

(i)send to each party a notice that the hearing is to be at that time and place, or

(ii)inform them of those matters in such other manner as the proper officer thinks fit.

What 'place' is a remote hearing - hyperspace?

Parking appeals are based on an allegation that an offence has been committed, breach of RTRA, this is why hearings are in are in a public place. This goes back to London Regs under the RTA. 

Anyway, people now know the situation. The joint committee is refusing to interfere.