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#Post#: 16059--------------------------------------------------
Newham - 53J failure to comply with a restriction
DIR By: AnsyLu
Date: February 22, 2024, 3:37 am
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Hi all,
Could anyone kindly look over the documents below and advise if
my appeal written for the tribunal is worth a shot?
In short - I would like to challenge them on the basis that they
did not properly consider evidence. I do also feel that there
was a lack of warning about the upcoming restriction when
turning into the school street but I understand that councils
are under no obligation to do so, which is why I avoided this
argument. I dont think the positioning of the signage is too
good but its maybe some experts on the forum would be better
placed to make a judgment.
Happy reading...
Thank you very much!
Original PCN:
HTML https://www.dropbox.com/scl/fi/ho95pj66i45e...iw2tg2&dl=0#
My appeal
HTML https://www.dropbox.com/scl/fi/e6kcfn1l57li...uo6ujf&dl=0
Notice of Rejection:
HTML https://www.dropbox.com/scl/fi/76xjguw5kgf6...0lug9j&dl=0
Hospital Discharge Summary:
HTML https://www.dropbox.com/scl/fi/96n8druxv49k...2kk7qn&dl=0
Adjudicator Appeal:
HTML https://www.dropbox.com/scl/fi/hu9j2y119oje...2ea886&dl=0
#Post#: 16060--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: Enceladus
Date: February 22, 2024, 3:52 am
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Your links don't work.
#Post#: 16062--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: John U.K.
Date: February 22, 2024, 4:27 am
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--- Quote from: Enceladus link ---
>
> Your links don't work.
>
--- End Quote ---
I suspect he's copied the shortened links across from Pepipoo.
Try these
Original PCN:
HTML https://www.dropbox.com/scl/fi/ho95pj66i45eoqns32zpw/PCN-Masterman-Road.pdf?rlkey=g1y7z2on5yb35m5yxipiw2tg2&e=1&dl=0
My appeal:
HTML https://www.dropbox.com/scl/fi/e6kcfn1l57lipowdq5epx/PCN-Appeal-Masterman-Rd.pdf?rlkey=uxnbf4tf8dsebif5jwkuo6ujf&e=1&dl=0
Notice of Rejection:
HTML https://www.dropbox.com/scl/fi/76xjguw5kgf6qd008kwhu/PCN-Masterman-Road-Notice-of-Rejection.pdf?rlkey=apls9rmruhrjw57cgc30lug9j&e=1&dl=0
Hospital Discharge Summary:
HTML https://www.dropbox.com/scl/fi/96n8druxv49kjp8yxpcf0/PCN-Masterman-Road-Hospital-Discharge-Notice.pdf?rlkey=9u7cqminm9q36yofrjs2kk7qn&e=1&dl=0
Adjudicator Appeal:
HTML https://www.dropbox.com/scl/fi/hu9j2y119ojeumey6uj93/London-Tribunal-Appeal.pdf?rlkey=u73m05xae0nk9so1r2r2ea886&e=1&dl=0
#Post#: 16063--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: AnsyLu
Date: February 22, 2024, 4:30 am
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Thank you, that's exactly what I did!
#Post#: 16177--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: Hippocrates
Date: February 24, 2024, 6:27 am
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I see it took them 66? days to send their NOR.
I take it you are at the filing of your appeal stage?
If so, no need to make any full statements at this stage (I
would need to revamp anyway as there is no procedural
impropriety ground).
To do:
1. Go online and register the appeal using the verification
code.
2. Ground: contravention did not occur. And penalty exceeded
the amount
3. Choose personal hearing (Not a Thursday). This can also be
via telephone.
4. Details; I will make full submissions upon receipt of the
council's evidence pack.
5. Communication: by e mail.
(I am happy to represent you free of charge on this one but no
need to mention me at this stage - this is how I choose to do
it.)
All this depends on whether you wish to take it to the Tribunal.
I agree they have not considered the Hospital name and this
would be a failure to consider.
#Post#: 16187--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: Pastmybest
Date: February 24, 2024, 10:44 am
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I would suggest that the Halton vs road user charging
adjudicator case will see off a claim of fail to consider and
the council are correct that you must comply with signs unless
exempted which you were not. 66 days is not to long under the
2003 regs
The discount is not to be dismissed but if Hippo is happy to
represent you your chances of a win are greatly increased
#Post#: 16216--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: Hippocrates
Date: February 25, 2024, 9:05 am
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--- Quote from: Pastmybest link ---
>
> I would suggest that the Halton vs road user charging
adjudicator case will see off a claim of fail to consider and
the council are correct that you must comply with signs unless
exempted which you were not.
>
> The discount is not to be dismissed .........
>
--- End Quote ---
Can I have the case please?
#Post#: 16248--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: taffer87
Date: February 25, 2024, 2:58 pm
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--- Quote from: Hippocrates link ---
>
> [quote author=Pastmybest link=topic=1375.msg16187#msg16187
date=1708793097]
> I would suggest that the Halton vs road user charging
adjudicator case will see off a claim of fail to consider and
the council are correct that you must comply with signs unless
exempted which you were not.
>
> The discount is not to be dismissed .........
>
--- End Quote ---
Can I have the case please?
[/quote]
Full case:
HTML https://www.bailii.org/ew/cases/EWHC/Admin/2023/303.html
Summary:
HTML https://www.trafficpenaltytribunal.gov.uk/high-court-decision-halton-borough-council-v-road-user-charging-adjudicators/
#Post#: 17273--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: ivanleo
Date: March 14, 2024, 7:08 pm
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[member=797]AnsyLu[/member] the PCN has been paid, did you give
up?
You can still take up the offer from Hippocrates as paying does
not prevent you from appealing, but the deadline was technically
yesterday so you need to get the appeal registered by midnight
tonight if you want to have any chance of getting the matter
listed.
#Post#: 17275--------------------------------------------------
Re: Newham - 53J failure to comply with a restriction
DIR By: Hippocrates
Date: March 15, 2024, 2:31 am
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It has been paid.
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