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#Post#: 31686--------------------------------------------------
Adjudicator refused appeal
DIR By: Johnathorn
Date: July 31, 2024, 2:29 am
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This is just a preliminary post, I will elaborate further as
required.
Yesterday my appeal was heard at London Tribunals and I
explained that the PCN should be transferred because I have a
legal transfer of liability with hire length of under 6 months,
all fully legal and compliant. However the adjudicator refused
the appeal because he a) thought I was lying and seemingly
didn't trust my character, and b) he requested evidence that I
am a hire firm.
I own and hire out two vehicles and earn a living from that
aswell as a few other business ventures. The councils accept my
hire agreement and transfer the PCN to the Hirer however the
adjudicator wants evidence which I had never prepared for or had
no way of knowing it would be required, I was to assume the hire
agreement is enough like it is for the other councils. Anyway I
can have a solicitor or accountant go over my accounts and
confirm that I earn a living from hiring out my vehicles and
have him create a letter that confirms that I do operate a hire
firm. However how do I overturn or challenge/appeal the
adjudicator decision?
Any advice would be very helpful.
Jono
#Post#: 31690--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: John U.K.
Date: July 31, 2024, 3:44 am
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You have a limited time to ask for a review of an Adjudicator's
decision - see
HTML https://www.londontribunals.gov.uk/eat/appeals-process-explained<br
/>
Please start by giving us the case number.
#Post#: 31692--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: taffer87
Date: July 31, 2024, 3:48 am
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what is the tribunal case number?
Did the adjudicator ask for evidence of you being a hire company
and what did you say? In most cases if you would have said you
can provide supporting evidence then they should have deferred
unless there were other reasons why that was not the right thing
to do for eg the council had asked you for this evidence so you
were already on notice but did not provide
you will be able to ask for a review of the adjudicators
decision (within 14 days) on the basis of interests of justice
(and some other narrow reasons) and provide the additional
evidence that the adjudicator asked for) but plz get help from
experts here before submitting any thing
example template of review application here.
HTML https://www.londontribunals.gov.uk/ruc/your-hearing/i-dont-agree-ruca-adjudicators-decision-what-can-i-do
#Post#: 31696--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: H C Andersen
Date: July 31, 2024, 5:07 am
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The councils accept my hire agreement and transfer the PCN to
the Hirer
If this was the case then you wouldn't have been at the
Tribunal, the hirer would(if anyone) because if the council
accepted your defence then they would have cancelled your PCN.
But you were there, we must therefore assume that the council
didn't accept your defence. In which case they would have given
reasons and you would have attended the adjudication armed with
exactly the details which lie at the hub of such defences.
A copy of your formal representations to the authority, their
NOR and their case evidence, including Case Summary would be
useful.
#Post#: 31703--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: Pastmybest
Date: July 31, 2024, 5:58 am
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It sounds to me that the adjudicator reached a finding of fact
they were entitled to reach. As such you would have no grounds
for review You could at a stretch ask to provide new evidence,
but as that was available at the time of the hearing even though
you had not gathered it then only an outside chance
#Post#: 31781--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: MrChips
Date: July 31, 2024, 5:09 pm
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This case seems to fit the bill - OP can you confirm?
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
within 28 days.
Reasons
The Appellants seek to transfer liability for this PCN by virtue
of a vehicle hire agreement. It is possible to do this on an
agreement of less than 6 months. However the document relied
upon must satisfy The Road Traffic (Owner Liability) Regulations
2000, which require a statement of liability signed by the hirer
and the inclusion of the following details:
'A. Particulars of person signing statement of liability*
1. Full Name.
2. Date of birth.
3. Permanent Address.
4. Address at time of hiring (if different from 3 above and stay
is likely to be more than two months from date of hiring).
5. Details of driving licence:
(a) country where issued (if not UK),
(b) serial number or driver's number,
(c) date of expiry (which should be no later than date specified
in B7 below).
* Where the statement of liability is in Part II of form H, the
full name and address of the person by or on whose behalf the
statement of liability was signed should be supplied together
with the date on which it was signed. If the person taking
possession of the vehicle is not the same as the person by or on
whose behalf the statement was signed, the full name of that
person should also be supplied (if known).
B. Particulars of hiring agreements
1. Registration mark of vehicle hired under the hiring
agreement.
2. Make and model of vehicle hired under the hiring agreement.
3. Registration mark of any vehicle substituted for the above
during the currency of the hiring agreement.
4. Make and model of any vehicle substituted for the above
during the currency of the hiring agreement.
5. Time and date of any change of vehicle.
6. Time and date of commencement of original hiring period.
7. Expected time and date of expiry of original hiring period.
8. Time and date of commencement of authorised extension of
hiring period.
9. Expected time and date of expiry of authorised extension of
hiring period.
10. Actual time and date of return of vehicle (or when vehicle
returned out of hours time and date on which vehicle-hire firm
next opened for business).
This requirement applies only to the vehicle hire firm's copy of
the hiring agreement.'
In their Case Summary the Enforcement Authority do not accept
the veracity of the Appellants’ claim. They say the Appellants
have repeatedly provided similar vehicle hire agreements but
that no contact or payment is received once liability has been
transferred.
If the Appellants were acting in good faith I would expect them
to have responded to the Case Summary. They have failed to do
so. I am not satisfied that the vehicle was subject to a genuine
vehicle hire agreement. Accordingly I refuse each appeal.
#Post#: 31782--------------------------------------------------
Re: Adjudicator refused appeal
DIR By: Hippocrates
Date: July 31, 2024, 5:12 pm
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Forget it and move on.
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