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#Post#: 20431--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 23, 2024, 3:56 pm
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That's very helpful Incandescent 🙂
On that basis would you agree it's worth appealing?
#Post#: 20441--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: fraser.mitchell
Date: April 23, 2024, 6:21 pm
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--- Quote from: Twasbrillig link ---
>
> That's very helpful Incandescent 🙂
> On that basis would you agree it's worth appealing?
>
--- End Quote ---
It would be a long shot on its own, I think. Basically, if
you're going to take them to London Tribunals, the main point
would be the 2 minutes before the end of the restriction,
pointing out that car clocks are rarely accurate to the nearest
minute or two, and then secondly the sign not showing the
restrictions imposed by the TRO.
#Post#: 20525--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: April 24, 2024, 2:36 pm
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Thank you for your added response. Although you said it's a long
shot on one point I hope that with both points emphasised I
will get a positive response from the tribunal. It will
definitely depend on the adjudicator. Fingers and toes crossed.
I wonder if anything said by the council in their Notice of
Rejection is worth raising? Were you able to read it?
#Post#: 20879--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: ivanleo
Date: April 28, 2024, 11:04 am
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[member=1540]Twasbrillig[/member] unfortunately we're a bit
short-staffed at the moment, we struggle with recruitment
somewhat given the pay rate for expert advice of £0 per hour.
Anyway, I think you might have an argument on signage but we
can't really advice based on incomplete information, please read
the guidance here
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/<br
/>and then re-post the PCN with nothing redacted apart from your
name and address.
In the meantime I've requested the traffic order.
#Post#: 23700--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: ivanleo
Date: May 23, 2024, 1:30 pm
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[member=1540]Twasbrillig[/member] you seem to have disappeared
but I've now received this from the council:
HTML https://i.imgur.com/ba3CYqF.png
HTML https://i.imgur.com/CLXBfOk.png
The traffic order itself is The Ealing (Ravenor School Street)
(No. 1) Traffic Order 2023
HTML https://drive.google.com/file/d/1G27FmSLTv9uZtwuh_HW95joBW6BHbdB6/view<br
/>and it makes no mention of any pedestrian zone.
I can see you've filed an appeal, I suggest you don't try and do
this all yourself or you risk ending up like one of these cases:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/warwickshire-cc-pcn-code-24-not-within-markings-of-bay-lakin-road-warwick/
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/eta-appeal-lost/
Please let us know when your hearing is.
#Post#: 23710--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: H C Andersen
Date: May 23, 2024, 2:36 pm
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IMO, the alleged contravention is 'Failing to comply with a
restriction on vehicles entering a pedestrian zone'.
So, what's a Pedestrian Zone?
The TSRGD defines this as:
"pedestrian zone”
an area—
(a)
which has been laid out to improve amenity for pedestrians; and
(b)
to which the entry of vehicles is prohibited or restricted
I can't see that (a) is a matter for a TMO, therefore only (b)
applies.
So, does the TMO provide that 'the entry of vehicles is
prohibited or restricted' and is this signed accordingly?
'3. No person shall cause any motor vehicle to enter or proceed
in the prescribed street....'
Seems to meet the criterion.
#Post#: 23741--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: May 24, 2024, 4:00 am
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Hello again cp8759
I hadn't been on this site since the last post in April as there
was nothing to comment on.
My tribunal is being heard 5th June.
So from the traffic order you received, how should this be
interpreted in my case??
Thank you in advance.
#Post#: 23742--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: May 24, 2024, 4:06 am
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Just saw at the very bottom of the traffic order, the morning
restricted time finishes at 9.10!
The sign says 9.20 and I was filmed at 9.18, so definitely a
blatant contradiction with the order.
That should definitely win my case don't you think?
#Post#: 24078--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: ivanleo
Date: May 27, 2024, 12:47 pm
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[member=1540]Twasbrillig[/member] I have no idea, has the
council contested your case?
You can easily check by logging onto the tribunal portal at
HTML https://londontribunals.org.uk/
and checking if they're uploaded
any evidence, if they have then the traffic order they rely on
will be at evidence item B.
#Post#: 24289--------------------------------------------------
Re: LB of Ealing Code 53J
DIR By: Twasbrillig
Date: May 28, 2024, 1:57 pm
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Yes the council has contested the case.
I'm looking forward to the tribunal. Thank you for the offer to
attend but I'm happy to do this myself.
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