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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 23935--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: ivanleo
Date: May 26, 2024, 1:51 pm
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That will do for present purposes, [member=177]Iaali2[/member]
please send the representations via
HTML https://walthamocm.itsvc.co.uk/PCN/
and keep a screenshot of the
confirmation page.
#Post#: 23945--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: May 26, 2024, 5:04 pm
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--- Quote from: cp8759 link ---
>
> That will do for present purposes, [member=177]Iaali2[/member]
please send the representations via
HTML https://walthamocm.itsvc.co.uk/PCN/
and keep a screenshot of the
confirmation page.
>
--- End Quote ---
Amazing, Thank you, I have sent that through to the above email
address. I have a screenshot of the confirmation too.
#Post#: 27680--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: June 27, 2024, 7:24 am
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I have received the rejection. Please see attached
HTML https://drive.google.com/drive/folders/1EmIuX4vefE1Ygd3GqtvWyf6MtTh151h8
#Post#: 27686--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: June 27, 2024, 8:02 am
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I say it is Tribunal time. If you want me to represent you, I am
happy to do so and please drop me a PM. They lost a few weeks
ago as they did not turn up and for other reasons:
ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference
Appellant
Authority
VRM
PCN Details
PCN
Contravention date
Contravention time
Contravention location
Penalty amount
Contravention
Referral date
Decision Date
Adjudicator
Appeal decision
Direction
cancel the Penalty Charge Notice.
Reasons
Mr Morgan attended.
The allegation is that there was a breach of bus lane
regulations.
Mr Morgan stated that the local authority had not considered the
appellant’s representations and the local authority’s evidence
was inadmissible because their witness had not attended.
Paragraph 2(10) of Schedule 1 to the London Local Authorities
Act 1996 states that it shall be the duty of the enforcing
authority to whom representations are made to consider them and
any supporting evidence, which the person making them provides
and to serve on that person notice of their decision as to
whether they accept that the ground has been established.
In their notice of rejection, in one particular sentence, the
local authority stated that they had an approved device by 31st
March 2009. The approval certificate they rely on is dated 6th
March 2023. I find the sentence to be misleading in what is an
important document in these proceedings.
As far as the inadmissibility is concerned, Mr Morgan cited
three cases: 2240089033, 2230465818 and 2240093336.
In this case, I am satisfied that Mr Morgan gave sufficient
notice under paragraph 7(6) of the schedule to the London Local
Authorities Act 1996 that he required the attendance of the
authority’s officers, who have not attended. I find therefore
the evidence is inadmissible. In all the circumstances I will
allow the appeal.
#Post#: 27755--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: June 27, 2024, 2:01 pm
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This one they failed to turn up too:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/waltham-forest-code-34-being-in-a-bus-lane/msg18491/#msg18491
#Post#: 31694--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: July 31, 2024, 4:51 am
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Won. ;D Unsigned certificate and incorrect legislation cited in
the WS. (And they did not attend as per usual.)
#Post#: 31700--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Iaali2
Date: July 31, 2024, 5:27 am
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Thank you everyone for your efforts... makes you wonder how many
they've claimed illegally from this camera !!
#Post#: 31772--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: ivanleo
Date: July 31, 2024, 3:12 pm
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Outcome
HTML https://drive.google.com/file/d/1rYWlJ-RQ561kvwgYpH_hSJxYtEmdz-hP/view.
#Post#: 31774--------------------------------------------------
Re: RE: LB ofWaltham Forest: 34 Being In A Bus Lane, High Road
Leyton (Bus Lane)
DIR By: Hippocrates
Date: July 31, 2024, 3:24 pm
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Thanks cp for posting the decision which will be very useful for
the next battle. ;)
Submissions
I make the following submissions on behalf of the appellant:
1. The council’s photographic evidence does not prove the
alleged contravention.
2. The NOR fails to mention that the adjudicator may extend time
in which to lodge an appeal and so does not satisfy para. 5(b)
of Schedule I of the London Local Authorities Act 1996.
3. Whether the author of the Witness Statement attends or not, I
wish to make further submissions regarding the said statement.
In light of the above, please allow the appeal.
As an allegedly garrulous Welshman, I deliberately curtail my
written/underfed skeleton argument so as to be in the former
mode - if allowed. ;D Unfortunately, the Adjudicator knew this
as we have met many times.
But, if another had heard it, who knows? I am not complaining.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/bus-lane-pcn/msg31663/#msg31663
HTML https://drive.google.com/file/d/1OiTG6O0EUDCINiK3EgP5TrWUemzrPA96/view
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