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#Post#: 27406--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: Hashim
Date: June 24, 2024, 4:08 pm
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Based on your expertise, do you think that there is a legal case
for the adjudicator to overturn the NoR based on the wordings
and the lack of clarity regarding payment which you have pointed
out.
Thanks
#Post#: 27425--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: MrChips
Date: June 25, 2024, 2:37 am
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So, I think this one boils down to your attitude to risk Hashim.
I'm not familiar with the arguments raised by cp8759 so can't
put a probability of success on those I'm afraid. In respect of
your original argument about the evidence not being conclusive
due to the camera angle and distance, I'd say you have a bit
less than 50% chance. It's one of those which will depend on
which adjudicator you get and what mood they are in.
The fact TFL's Notice of Rejection doesn't seem to acknowledge
or address the singular point your representations are based on
boosts your chances up to 50% I think - perhaps even slightly
beyond this. I like the fact they 'confirm' you moved
'unnecessarily' [i.e. such that a stationary vehicle didn't give
you space to exit] into the box junction based on
'investigation'. It's precisely this extra evidence you asked
for in your representations and I would be strongly tempted if
you take it to tribunal to request they include the details and
audit trail of their investigation which confirms there was
insufficient space for the benefit of the adjudicator (and
yourself).
If the technical points put forward by cp8759 boost this even
further, I'd be tempted to take it all the way.
But it's not my money - can you afford to lose the additional
£80 if the discount option is lost and you are unsuccessful at
tribunal? Would 50:50 odds be sufficient for you or would you
want near certainty before you risk the additional £80?
#Post#: 27432--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: Hashim
Date: June 25, 2024, 3:51 am
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If we can make a representation to the adjudicator then I am
willing to take the risk.
What's our next move?
#Post#: 27555--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: meaty
Date: June 26, 2024, 7:54 am
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Quite amazing that they are referencing the 2002 TSRGD in their
Notice of rejection when the latest TSRGD is 2016. Really shows
they have no clue. In addition they don't quote from it but
rather paraphrase incorrectly.
#Post#: 27560--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: Hashim
Date: June 26, 2024, 8:50 am
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So do we think we have enough to sway the adjudicator in my
favour...
#Post#: 27632--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: ivanleo
Date: June 26, 2024, 4:55 pm
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[member=354]Hashim[/member] realistically it's pretty close to
50 / 50, but I have sent you a PM in case you'd like me to run
the appeal for you.
#Post#: 27642--------------------------------------------------
Re: Tfl Royal Docks E6
DIR By: Hashim
Date: June 26, 2024, 5:33 pm
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Dear Cp9859.
Thank you for your email.
Having considered all my options I have decided to pay the PCN.
Thank you all so much for looking into this for me.
Regards
Hashim
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