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#Post#: 71555--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: May 14, 2025, 4:05 pm
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Two per-incuriam decisions for the price of one, outcome
HTML https://drive.google.com/file/d/1UE7a0HSob9v1xaIvocK8m_vye6Z38Yn9/view<br
/>and review outcome
HTML https://drive.google.com/file/d/1PZoouLzuy843ZCtgyR5QLLQehaGYMIWf/view.
#Post#: 71574--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: fraser.mitchell
Date: May 14, 2025, 4:53 pm
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--- Quote from: cp8759 link ---
>
> Two per-incuriam decisions for the price of one, outcome
HTML https://drive.google.com/file/d/1UE7a0HSob9v1xaIvocK8m_vye6Z38Yn9/view<br
/>and review outcome
HTML https://drive.google.com/file/d/1PZoouLzuy843ZCtgyR5QLLQehaGYMIWf/view.
>
--- End Quote ---
So as far as TPT is concerned, councils can do what they like
and ignore literally anything in the law and regulations because
of this obscure Scottish decision. So "procedural impropriety",
not present in the Scottish Act is now apparently dead as far as
TPT is concerned when the PCN is under the TMA 2004, that
introduced "procedural impr.
I find this quite astonishing and it is obvious that TPT are now
captured by the councils and useless as an adjudication
authority
And, of course, they hide behind the huge barrier of Judicial
Review that is almost impossible for the ordinary citizen to
consider. Will anybody at TPT ask themselves why the TMA 2004
introduced the additional statutory groudn of "procedural
impropriety" It surely was to stamp out councils running riot
with PCN enforcement.
#Post#: 71805--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: ivanleo
Date: May 16, 2025, 6:39 am
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There's a way to make this less likely in future cases, but I've
had 4 reviews this year and I've won 3 of them. You can't expect
to win 100% of the time, as all litigation carries an element of
risk.
#Post#: 71806--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: stamfordman
Date: May 16, 2025, 6:48 am
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Maybe I'm missing it but what happened to the below.
---------
From my investigation it appears a waiting restriction has been
created at this location by means of Traffic Regulation Orders,
The Hertfordshire (Fore Street, Hertford) (Prohibition Of Motor
Vehicles) Order 2023 and The Hertfordshire (Hertford Town
Centre) (Restricted Parking Zone) Order 2023, these orders
cannot create a taxi rank as such but rather a waiting
restriction with an exemption for taxis. Such a restriction
would have to be enforced under code 01 - Parked in a restricted
street during prescribed hours.
In order to enforce code 45 - Parked on a taxi rank, there would
need to be a taxi rank. A taxi rank is legally created under
section 63 of the Local Government (Miscellaneous Provisions)
Act 1976, however I do not believe that this has been done. In
the absence of a duly appointed hackney carriage stand under the
1976 Act, there is no taxi rank so the contravention alleged on
the face of the penalty charge notice cannot have occurred, it
follows that the penalty charge must be cancelled.
#Post#: 71835--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: H C Andersen
Date: May 16, 2025, 10:49 am
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Too late now, but from the Traffic Signs Manual:
HTML https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/782724/traffic-signs-manual-chapter-03.pdf
The order of precedence is to be read upwards, not downwards!
Lower panel(s) give parking place permissions;
Upper panel gives waiting restriction.
The times during which the waiting restriction applies would
normally be the complement of those during which the parking
permissions apply. In some cases they may not complement BUT
THEY CANNOT OVERLAP!
The signs here read:
Permitted parking: 24/7!
There's no scope for a waiting restriction.
The council's interpretation is:
Waiting Fri, Sat 6pm to 8am;
Of the remaining time:
*** to *** is restricted to Goods Vehicle loading with whatever
is left over unrestricted parking.
'At other times' applies to the parking restriction and has
nothing to do with waiting.
In short: the use of a waiting sign in combination with a 'P'
'At other times' (whether on its own or in combination with
another parking restriction) is unlawful. IMO.
#Post#: 71845--------------------------------------------------
Re: East Herts Council, code 45 Parked on a taxi rank, Fore
Street, Hertford
DIR By: Pastmybest
Date: May 16, 2025, 12:11 pm
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Not the first time the wrong contravention goes through with the
TPT it does not seem to matter to them
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