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#Post#: 4187--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: ivanleo
Date: August 30, 2023, 6:33 pm
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Well the discount is not on offer so there's absolutely no point
in paying now, as you can't end up any worse off by appealing.
It might be that [member=156]Pastmybest[/member] is available to
represent you, if not I'll pick this one up.
#Post#: 4199--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: Pastmybest
Date: August 31, 2023, 5:30 am
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Yes i will deal with this if you wish Please send me a full
unredacted copy of all paperwork and a letter of authority. I
will PM you my email
#Post#: 4214--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: H C Andersen
Date: August 31, 2023, 10:28 am
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As the authority were foolish enough to put their ignorance of
LATOR in the NOR, IMO they haven't a hope in hell at
adjudication.
LATOR were made by the Secretary of State pursuant to powers in
the RTRA, they therefore import the definitions and meanings of
'traffic signs' in the Act:
64General provisions as to traffic signs.
(1)In this Act “traffic sign” means any object or device
(whether fixed or portable) for conveying, to traffic on roads
or any specified class of traffic, warnings, information,
requirements, restrictions or prohibitions of any description—
(a)specified by regulations made by the [F1relevant authority] ,
or
(b)authorised by the [F1relevant authority] ,
and any line or mark on a road for so conveying such warnings,
information, requirements, restrictions or prohibitions. (a
point made by others in this thread).
(my emphasis)
IMO, the debate has moved on from whether the road markings were
adequate, although this could still be put forward, it's their
failure to give proper consideration to your reps because of
their use of the wrong legal context - see paras 2 and 3 on p2
of the NOR from to 'I have noted.to...guidance'.
#Post#: 4216--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: Pastmybest
Date: August 31, 2023, 11:25 am
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--- Quote from: H C Andersen link ---
>
>
> As the authority were foolish enough to put their ignorance of
LATOR in the NOR, IMO they haven't a hope in hell at
adjudication.
>
> LATOR were made by the Secretary of State pursuant to powers
in the RTRA, they therefore import the definitions and meanings
of 'traffic signs' in the Act:
>
> 64General provisions as to traffic signs.
>
> (1)In this Act “traffic sign” means any object or device
(whether fixed or portable) for conveying, to traffic on roads
or any specified class of traffic, warnings, information,
requirements, restrictions or prohibitions of any description—
>
> (a)specified by regulations made by the [F1relevant authority]
, or
>
> (b)authorised by the [F1relevant authority] ,
>
> and any line or mark on a road for so conveying such warnings,
information, requirements, restrictions or prohibitions. (a
point made by others in this thread).
>
> (my emphasis)
>
> IMO, the debate has moved on from whether the road markings
were adequate, although this could still be put forward, it's
their failure to give proper consideration to your reps because
of their use of the wrong legal context - see paras 2 and 3 on
p2 of the NOR from to 'I have noted.to...guidance'.
>
--- End Quote ---
Quite right although i will still lead with the condition of the
road marking and position of the sign the lack of understanding
of the law leaves them in a no hope position along with 2
procedural proprieties within the NOR re date of service and
requirement to inform of reasons costs may be awarded
#Post#: 4228--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: DancingDad
Date: September 1, 2023, 4:43 am
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Whoever considered has obviously not understood that Signs in
LATOR means any traffic signs and includes lines.... which as
HCA explains, makes Failure to Consider a solid point to
include.
To repeat myself but as they go on about the duty of motorists
to check pole signs, there is no duty if the motorist is unaware
that they are in a parking bay due to the authority not
bothering to maintain lines...which have faded to the point of
invisibility
#Post#: 4865--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: Pastmybest
Date: September 11, 2023, 7:41 am
---------------------------------------------------------
I am today registering the appeal on two grounds the
contravention did not occur and also procedural impropriety i
will not make a detailed submission just yet whilst we see if
the council contest or not
#Post#: 4877--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: Pastmybest
Date: September 11, 2023, 9:36 am
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> I am today registering the appeal on two grounds the
contravention did not occur and also procedural impropriety i
will not make a detailed submission just yet whilst we see if
the council contest or not
>
--- End Quote ---
Your appeal has been submitted
and allocated reference number FA00059-2309
#Post#: 5526--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: Pastmybest
Date: September 20, 2023, 6:21 am
---------------------------------------------------------
Council have uploaded evidence, nothing new other than TRO's I
will go through these over then next couple of days with a view
to upload our submission by Friday Time given by the tribunal is
Tuesday although they cannot enforce this as the law stipulates
that anything presented before the hearing must be considered.
No point in getting their backs up though
#Post#: 5574--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: tkake
Date: September 20, 2023, 4:04 pm
---------------------------------------------------------
Thank you again for your time.
#Post#: 6775--------------------------------------------------
Re: Cornwall Council, (40) Parked in a designated disabled bay,
Trinity Street-St Austell.
DIR By: tkake
Date: October 5, 2023, 1:40 pm
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> Council have uploaded evidence, nothing new other than TRO's I
will go through these over then next couple of days with a view
to upload our submission by Friday Time given by the tribunal is
Tuesday although they cannot enforce this as the law stipulates
that anything presented before the hearing must be considered.
No point in getting their backs up though
>
--- End Quote ---
Good Evening all. [member=156]Pastmybest[/member] can i enquiry
if there has been any update from the tribunal? Only because
i've now recieved a charge certificate.
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