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#Post#: 28228--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: July 1, 2024, 4:32 pm
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OK Brill
Appeal submitted relying on formal reps with me listed as the
appellant's representative.
Will update in due course.
#Post#: 29306--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: July 9, 2024, 5:16 pm
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Council evidence was received Friday. Unfortunately I was away
camping from Friday to Monday and have been looking at the
evidence today.
They submitted a more up to date TRO that includes the correct
prohibition times. The VCA approval they submitted is for the
BLADM055 TES Digital Systems (TEMDIGI) fixed cameras that was
shown in the DFT URL linked in post number 6.
I'm drafting a skeleton argument asap but obviously there isn't
a great deal of time as I'm again away on Thursday evening.
I'll try and get something for review asap.
#Post#: 29322--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: John U.K.
Date: July 10, 2024, 1:23 am
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Date for the appeal hearing?
Please post up the Council's summary of why they believe the
appeal should be rejected.
#Post#: 29386--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: July 10, 2024, 8:14 am
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Hi John
I haven't selected a date yet. If I choose one sufficiently far
into the future can I still upload evidence/documents after
making the hearing selection? The TPT website gave me the
impression that once a hearing type and date was selected, no
more evidence/documents such as a skeleton argument etc would be
able to be added and the hearing selection needs to be made
before this Friday the 12th.
I'll post appeal summary this evening although when looking
through their evidence I don't think I saw a summary by them,
just the PCNs, NORs, TRO, VCA certificate etc. Will double
check.
Thanks
#Post#: 29387--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: John U.K.
Date: July 10, 2024, 8:40 am
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--- Quote ---
> The TPT website gave me the impression that once a hearing
type and date was selected, no more evidence/documents such as a
skeleton argument etc would be able to be added
--- End Quote ---
I thought this sounded a bit odd so I had a rummage on the TPT
site and found
HTML https://www.trafficpenaltytribunal.gov.uk/want-to-appeal/
If you click on the hyperlink 'Evidence' you get a long pop-up
which includes this sentence:
--- Quote ---
> Don’t worry if you do not have all evidence you would like to
provide to hand when submitting your appeal. It can be added
later as your case progresses.
--- End Quote ---
Which leaves me wondering as to how come you've got an evidence
pack if you've not yet registered an appeal?
#Post#: 29411--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: July 10, 2024, 11:10 am
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Just to clarify
I registered an appeal relying on prior formal representations.
Council then uploaded evidence pack a few days later last Friday
but I was away until Monday and couldn't deal with it until
yesterday.
I now need to select hearing type and give a date but wasn't
sure if I would be able to submit further evidence after this.
Think I should be ok to just submit hearing preference and
submit a skelly soon after within a reasonable timeframe which I
shall do.
Thanks
#Post#: 29451--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: Phantomcrusader
Date: July 10, 2024, 7:14 pm
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The PCN says the penalty must be paid “no later than” when the
new regs now say “must be paid within the period of 28 days
beginning with the date on which the penalty charge notice is
served.” The same applies to the time for making
representations. These raise an old legal point based on the
word “within”. It’s missing this ground of appeal: (i)the
vehicle in question was at the material time hired from that
firm under a hiring agreement. Also missing this ground: (g)the
order which is alleged to have been contravened in relation to
the vehicle concerned, except where it is an order to which Part
6 of Schedule 9 to the RTRA 1984 applies, is invalid. Also:
(i)the enforcement notice should not have been served because—
(i)the penalty charge has already been paid in full, or
(ii)the penalty charge has been paid, reduced by the amount of
any discount set in accordance with Schedule 9 to the TMA 2004,
by the applicable date as specified in paragraph 1(3) of
Schedule 3 to the 2022 General Regulations.
The Notice of Rejection below “Dear” wrongly states the The
Transport Act 2000 when it is now the TMA 2004 that is relevant
and it fails to give you a proper deadline for when a Charge
Certificate may be served and to indicate the nature of an
adjudicator’s power to award costs.
#Post#: 30933--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: July 24, 2024, 5:17 am
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Update: Hearing is 7th August
[member=1]cp8759[/member]
Would it be possible to have a copy of the full FOI letter for
the camera make/model you received from the council please?
Feel free to redact personal info etc.
Thanks
#Post#: 31030--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: ivanleo
Date: July 24, 2024, 4:01 pm
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--- Quote from: LoneStartState link ---
>
> Would it be possible to have a copy of the full FOI letter for
the camera make/model you received from the council please?
>
--- End Quote ---
[member=1337]LoneStartState[/member] I have emailed it to you.
#Post#: 33010--------------------------------------------------
Re: Slough Borough Council Being in a Bus Lane Sussex Place
DIR By: LoneStartState
Date: August 11, 2024, 6:13 pm
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Appeal was dismissed. C'est la vie.
Unfortunately I left myself very little time to write the
skeleton argument/response to council submissions and so only
uploaded it Monday morning 48 hours prior to the hearing.
Already risking an adjournment but the council rep stated they
had read it.
My argumentation re the camera certificate was probably not
optimal so that fell by the wayside.
De minimis seemed to be a complete no go as well with this
adjudicator. I was constantly reminded that if the vehicle was
in the bus lane then a contravention occurred and that's all
that needed to be decided regardless of intrusion distance.
Likewise length of time before restriction end irrelevant.
The missing grounds identified by Phantom Crusader did hold some
weight but not enough to amount to PI.
Thanks for all the guidance. Never attended the tribunal before
so had some value as a learning process. At least the council
had to actually work for their money.
Full decision below.
HTML https://i.imgur.com/y1VPKmG.png
HTML https://i.imgur.com/w7XP9RR.png
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