DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 4649--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: dan-75
Date: September 8, 2023, 3:32 pm
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> That made me laugh, would you like me to draft an appeal for
you
>
--- End Quote ---
Yes please ! If you could, much appreciated.
I believe all LA's are at this point, so skint or almost
bankrupt, (morally and financially), they will stop at nothing
to extort as much as possible.
When their actual job is to serve the people, in a transparent
and legal manner.
#Post#: 4860--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 11, 2023, 7:22 am
---------------------------------------------------------
--- Quote from: dan-75 link ---
>
> [quote author=Pastmybest link=topic=486.msg4631#msg4631
date=1694178755]
> That made me laugh, would you like me to draft an appeal for
you
>
--- End Quote ---
Yes please ! If you could, much appreciated.
I believe all LA's are at this point, so skint or almost
bankrupt, (morally and financially), they will stop at nothing
to extort as much as possible.
When their actual job is to serve the people, in a transparent
and legal manner.
[/quote]
Dan it would be better if i deal with the whole appeal for you
including the telephone hearing, this is because the second part
of the appeal is technical regarding breaches of regulations if
you are happy for me to do so let me know
#Post#: 4867--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: DancingDad
Date: September 11, 2023, 7:47 am
---------------------------------------------------------
--- Quote from: Pastmybest link ---
>
> [quote author=dan-75 link=topic=486.msg4649#msg4649
date=1694205163]
> [quote author=Pastmybest link=topic=486.msg4631#msg4631
date=1694178755]
> That made me laugh, would you like me to draft an appeal for
you
>
--- End Quote ---
Yes please ! If you could, much appreciated.
I believe all LA's are at this point, so skint or almost
bankrupt, (morally and financially), they will stop at nothing
to extort as much as possible.
When their actual job is to serve the people, in a transparent
and legal manner.
[/quote]
Dan it would be better if i deal with the whole appeal for you
including the telephone hearing, this is because the second part
of the appeal is technical regarding breaches of regulations if
you are happy for me to do so let me know
[/quote]
I am seeing this in three parts.....
Dan's credibility in that he is adamant he did not stop
The evidence or rather lack of it plus their wording in the NOR
that effectively says we are guessing you stopped.
The technical bits, wrong legislation and prejudicial time limit
plus any others PMB may have up his sleeve.
TBH, I think That is the order and Dan's credibility with the
second is key.
Technical matters may not even be ruled on.
But, if Dan does not speak at the hearing, the first becomes
simply repeating a statement and looses worth.
Just some food for thought on tactics.
#Post#: 4882--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 11, 2023, 10:15 am
---------------------------------------------------------
Totally up to Dan I will write an appeal and post it here anyway
for Dan to use or not as he sees fit I personally am not
concerned about dans credibility in this because first off the
council have to prove a contravention and their video does not
do that but the tribunal can be given Dans number and if the
adjudicator want to talk to him make himself available
#Post#: 4891--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: H C Andersen
Date: September 11, 2023, 11:17 am
---------------------------------------------------------
According to the OP the vehicle was driving through the bus stop
therefore driving on the wrong side of the road which is
illegal. There is no evidence that the vehicle had crossed
traffic lanes to enter a parking place.
So, 'Sir, whereas the driver was clearly not driving as they
should by driving through the bus stop on that side of the road,
I submit that in itself this admission and the authority's lack
of evidence to the contrary show that the contravention did not
occur...
OP, pl let an experienced poster handle this in total.
Also, to whom is the NOR addressed, you via the company or the
company? If the company, then IMO proof of your authority should
be presented to the adjudicator, just as whoever represents you
will need the company's authority, even if this is signed by
you.
#Post#: 4902--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 11, 2023, 1:22 pm
---------------------------------------------------------
--- Quote from: H C Andersen link ---
>
>
> According to the OP the vehicle was driving through the bus
stop therefore driving on the wrong side of the road which is
illegal. There is no evidence that the vehicle had crossed
traffic lanes to enter a parking place.
>
> So, 'Sir, whereas the driver was clearly not driving as they
should by driving through the bus stop on that side of the road,
I submit that in itself this admission and the authority's lack
of evidence to the contrary show that the contravention did not
occur...
>
> OP, pl let an experienced poster handle this in total.
>
>
> Also, to whom is the NOR addressed, you via the company or the
company? If the company, then IMO proof of your authority should
be presented to the adjudicator, just as whoever represents you
will need the company's authority, even if this is signed by
you.
>
--- End Quote ---
vehicle was driving through the bus stop therefore driving on
the wrong side of the road which is illegal.
No law against driving on the wrong side of the road but doing
so could be careless driving if the circumstances warranted it
#Post#: 4944--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: ivanleo
Date: September 11, 2023, 6:02 pm
---------------------------------------------------------
[member=527]dan-75[/member] I suggest you let
[member=156]Pastmybest[/member] file the appeal on your behalf,
technical appeals are not really suitable for DIY attempts.
#Post#: 5025--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: dan-75
Date: September 12, 2023, 3:49 pm
---------------------------------------------------------
Many thanks guys, all interesting stuff.
[member=156]Pastmybest[/member] would be great if you could do
the appeal for me, let me know best way to go about that?
Thank you.
#Post#: 5042--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: Pastmybest
Date: September 13, 2023, 2:19 am
---------------------------------------------------------
Dan i will send you an PM with mt email then i will need you to
sent me all unredacted correspondence. I will register the
appeal submit a skeleton argument and attend the telephone
hearing. It might help if you give me a phone number to submit
to the tribunal so in the unlikely event that an adjudicator
feels they need to speak to you they can, though i doubt it
#Post#: 5171--------------------------------------------------
Re: PCN Code 47 - Essex County Council - Fyfield Road, Ongar
DIR By: ivanleo
Date: September 14, 2023, 5:11 pm
---------------------------------------------------------
The Traffic Penalty Tribunal does hearings over Microsoft Teams.
A week before the hearing they send out the invite and you can
either join the video call from a computer or a smartphone, or
you can dial in on the phone. Unlike London Tribunals (which is
limited to two participants), there is no practical limit to how
many people can join the hearing.
*****************************************************
Page 2 of 3
DIR Previous Page
DIR Next Page