DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: The Flame Pit
*****************************************************
#Post#: 4348--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 4, 2023, 1:40 pm
---------------------------------------------------------
Tommy v Lambeth. Mission 6.
HTML https://youtu.be/-3NYNbZ_pLY
#Post#: 4718--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 10, 2023, 3:17 am
---------------------------------------------------------
Tommy v London Borough of Barking and Dagenham, Mission 8.
HTML https://youtu.be/qMuHl8Gj5fs
#Post#: 4720--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 10, 2023, 4:52 am
---------------------------------------------------------
Tommy's appeal to the Archbishop of Canterbury:
HTML https://youtu.be/bYaErLCh8eM
#Post#: 4896--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 11, 2023, 12:19 pm
---------------------------------------------------------
Tommy v Hounslow:
HTML https://youtu.be/mpGK2W0mN4Q
Urgent appeal to all electors to object to the council's
accounts to their auditors.
Like all other London councils who have enforced bus lanes
without the proper approval certificates from the Department for
Transport via the Vehicle Certificate Agency, Hounslow has
accrued much unjust income.
On 17th November the DfT advised all councils who enforce to
make sure they update their certificates so that evidence from
their cameras could be admissible at the Tribunal. Hounslow
only obtained a new certificate effective from 3rd May 2023!
Therefore, all income from tickets issued up to the 2nd May is
unjust enrichment.
From 17th November until 20th March, thirty two people paid £130
each which amounts to £4,160. Also, two hundred and twenty four
people paid £65 each amounting to £14,560. This makes a total
of £18,720! AND THIS IS JUST UP TO MARCH 20TH!
Please contact me for a letter to object to the auditors asap.
I will provide all supporting documents which explains the whole
situation. My e mail: leberetnoire@gmail.com
All those people would have won at the Tribunal if they had
contacted either Mr Ivan Murray-Smith or me via pepipoo forums.
It is not too late to receive justice!
#Post#: 5084--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 13, 2023, 4:02 pm
---------------------------------------------------------
Tommy Zorro: Mission 10 v Hackney HOUSTON, WE HAVE A PROBLEM!
HTML https://youtu.be/QR_Ty703gFQ
"Mayor Philip Glanville has temporarily stepped aside from his
leadership of the Council."
As Chair of London Councils Transport and Environment Committee
on 14/10/22:
Boroughs that enforce bus lane offences under the Local
Authorities Act 1996 (LLA 1996) have been notified of a flaw in
the legislation with respect to camera certification and the
admissibility of evidence at appeal. Most boroughs have received
FOI requests asking for evidence of their approved device
certification under the LLA 1996 which cannot be provided, as
approval under this Act is not currently possible. However, to
enforce bus lane restrictions, the cameras only have to be
prescribed, and all cameras are, so the issue is only for
producing evidence at London Tribunals.
London Councils has been liaising with London boroughs and we
are continuing to work with DfT and the Vehicle Certification
Agency (VCA) regarding a future legal fix to the legislation
that will satisfy the evidence requirements. DfT are currently
working on this and have a proposed solution in place, but
progress has been delayed by the change in Prime Minister and
the subsequent cabinet reshuffle. We will continue to update
borough officers on the situation as soon as there are
developments."
Erm?
1582 PCNs 17.11.22 to 24/03/23 raised
£39,325
Their new certificate: 17/08/23
Case 223026440A
Decision Date 22/06/23
Adjudicator George Dodd
Initially it was the Appellant’s case that the Authority could
not rely on the CCTV footage because they had not produced a
valid VCA certificate and therefore, the requirements under
Schedule 1 paragraph 7(2) of the London Local Authorities Act
1996 had not been met. Put simply, in the absence of such a
certificate, the Authority were unable to prove, as required,
that the CCTV footage had been produced by a prescribed device
approved by the Secretary of State and hence the footage was
inadmissible. Mr Morgan acknowledges that the Authority had
provided a VCA certificate, but he maintains that it was wholly
irrelevant as it pertained to parking enforcement. That
certificate is dated 12 February 2017 and it does, indeed,
relate to parking contraventions and I agree that it is not
relevant. It is headed: “Traffic Management Act 2004.
Certification of “approved devices” under Article 2 of the Civil
Enforcement of Parking Contraventions (Approved Devices)
(England) Order 2007.
The Authority have now produced a VCA certificate (“the
certificate”), which is dated 6 March 2023. This was provided to
the Tribunal on 21 June 2023 i.e. yesterday. In a Late Evidence
Form the Authority make an application to the Adjudicator to
consider evidence at the scheduled hearing or adjourn the case.
They say: “Please note that the evidence is late as there was a
system error where we were unable to open the further documents
that were supplied by the Appellant on 15/06/2023 and we have
today now seen what was enclosed and we wish to respond as that
document makes it appear that Hackney does not possess a valid
certification letter under the LALA Act 1996”. The bottom of the
form gives the date of service as 21/06/2023 and it says that
the method of service was: “Special same-day delivery by bike
courier”. The Appellant had not received the certificate and nor
had Mr Morgan.
Mr Morgan made a preliminary application that the said VCA
certificate should not be admitted in evidence at the hearing,
and he relies upon Schedule 1 section 7 (6), which states:
“Nothing in subparagraph (1) or (4) above makes a document
admissible as evidence in proceedings under paragraph 6 above
unless a copy of it has not less than 7 days before the hearing,
been served on the appellant….”
The certificate is clearly a document that falls within the
scope of the said section. Having regard to the said email, on
the Authority’s own admission it was not served on the
Appellant. Even if it had been sent to the Appellant yesterday
by courier, it would, of course, have been received by him
within 7 days before the hearing. On the face of it, the
certificate is inadmissible. There is nothing in the said
section that suggests I have any discretion to admit the
evidence, for example, if there was an absence of any prejudice
to the Appellant. I do, however, have the power to adjourn the
hearing of the appeal in which case service could then be
effected 7 days or more prior to the adjourned hearing date.
However, if I did so simply to enable the certificate to be
admitted in evidence late then that would, in my view, go
against the government’s intent behind the said section which is
to ensure that evidence is served in a timely manner. In those
circumstances, I do not intend to adjourn the case. This means,
in the absence of any discretion to admit the certificate in
evidence, it is my ruling that it is not admitted, which means
that the Authority cannot rely on the CCTV footage, which in
turn means that they cannot prove the contravention. The appeal
is allowed.
******************
Dear Sir or Madam
I would appreciate it if you gave this your full consideration
and reimburse all motorists before your VCA certificate took
effect on 17th August 2023.
I would further comment, as I did not have enough space on the
text facility on Youtube, that Mr Glanville’s relevant sections
in his report are somewhat economical with the truth as I had
made many complaints – as well as at least one other – to London
Councils, I believe. As well as individual councils. Further, he
seems to blame the legislation. This is for the birds. The very
fact that you all applied for new certificates is significant!
I can assure you that this is just the beginning. This is not
personal. It is professional. Like many councils, you employ
incompetent staff. What goes around, comes around. But, someone
must bear the ultimate responsibility.
Effective date of your new certificate: 17th August 2023.
Yours faithfully
Tommy Poirot
P.S.: On this occasion, as it concerns London Councils, I have
copied this to Mr Stephen Boon. And Mr Ferguson. And the VCA.
Heads should roll.
P.P.S.: The “joke” re the shuttle is meant to make a point.
Houston we have a problem
#Post#: 5153--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Tikli Chestikov Date: September 14, 2023, 10:52 am
---------------------------------------------------------
If he keeps this stunt going I suspect he'll end up going for a
walk on Harrowdown Hill.
#Post#: 5169--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 14, 2023, 4:52 pm
---------------------------------------------------------
He may well add that to his (already) eclectic repertoire as a
violinist. :)
#Post#: 5221--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 15, 2023, 11:49 am
---------------------------------------------------------
Oddjob v Richmond and Wandsworth Councils:
HTML https://youtu.be/-a5mkSxeuBY
Goldfinger to 007: “Once is happenstance. Twice is coincidence.
Three times is enemy action”
Tickets cancelled:
Our Ref.: RES/RT97712283 Date: 20/04/2023 Dear Mr Morgan, Road
Traffic Reg. Act 1984 (as amd); London Local Authorities Act
1996 (as amd) Penalty Charge Notice Number RT97712283 Date of
issue 18/01/2023 at 13:41 Location of contravention HEATH ROAD
BUS LANE TWICKENHAM [CAMERA 246722] Vehicle Registration Number
EA53KGX Contravention 34J - Being in a bus lane (camera
enforcement) Cancellation of your Penalty Charge Notice Thank
you for your communication regarding the above PCN. I note you
have made representation on behalf of the registered keeper of
the above vehicle ********** on the grounds that the bus lane
certification was invalid at the time. Enquiries made to our
Parking Policy team confirm your assertion that a new
certificate was indeed acquired on 15/02/2023. In view of this,
I have cancelled the PCN and the notice is closed on our
records. I apologise for any upset or inconvenience this matter
may have caused. Yours sincerely, Maxine Taylor Resilience
Office
***************
Freedom of Information:
Our Response: Richmond
1.How many Bus Lane Penalty Charge Notices (Code 34j) have been
issued since 17th November 2022 to 14th February 2023 inclusive?
727
2.How much revenue has been obtained from the same? £38,350.00
3.How many have been cancelled? 6
4.How many representations have been rejected? 3
5.How many have reached the Tribunal? 0
6.How many were allowed at the Tribunal? 0
7.How many were refused at the Tribunal? 0
Our Response: Wandsworth
Request for Information - WBC-FOI-01153 - Bus Lane
I refer to your request for information received on 31 March
2023. Please see the information below in response to your
request: -
1.How many Bus Lane Penalty Charge Notices (PCN) (Code 34j) were
issued from 17 November 2022 to 14 February 2023?
114
2.How much revenue has been obtained from the same?
£3,555
3.How many have been cancelled?
6
4.How many representations have been rejected?
5.How many have reached the Tribunal?
6.How many were allowed at the Tribunal?
7.How many were refused at the Tribunal?
**************
At least a decade ago, my dearly-departed fellow campaigner,
Nigel Wise, succeeded in Lord True reimbursing quite a lot of
money to motorists concerning the spy car camera nonsense.
Richmond also appointed a new Parking Manager, Stephen Hardy,
whom I know personally and professionally. He always
communicated with me regarding the contents of his paperwork!
He was a model manager - unlike the person currently occupying
the same position in Kingston, whose resignation is long
overdue.
PLEASE BOTH COUNCIL LEADERS: REIMBURSE ALL RECIPIENTS BEFORE
YOU ACQUIRED PROPER CERTIFICATION.
***********
Dear Sir or Madam
You must reimburse all motorists before you acquired the new VCA
certificate. This is unjust enrichment.
Yours faithfully
#Post#: 5222--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: John U.K. Date: September 15, 2023, 12:20 pm
---------------------------------------------------------
Identical figures for Richmond and Wandsworth???
#Post#: 5226--------------------------------------------------
Re: Tommy Poirot to expose all London Councils' Bus Lane Enforce
ment.
By: Hippocrates Date: September 15, 2023, 3:22 pm
---------------------------------------------------------
[quote author=John U.K. link=topic=391.msg5222#msg5222
date=1694798448]
Identical figures for Richmond and Wandsworth???
[/quote]
Thanks John. Now edited.
*****************************************************
DIR Next Page