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#Post#: 6990--------------------------------------------------
ETA Appeal lost
DIR By: moctey
Date: October 8, 2023, 2:35 am
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I had a slam dunk case but oddly I lost. The council has sent
outdated and undated pictures and yet my arguments against those
were not retained. I had sent a recent picture showing that the
bus lane sign was turned 180°. I find this blatant denial of
justice so shocking that I would like to fight it, but I don't
seem to have any option?
the decision:
Adjudicator's Reasons
This case was listed as a Postal Appeal.
The Appellant takes issue with the signage. There are further
details set out in the representations
with additional points, which I have reviewed.
The Enforcement Authority (EA) states that 'the signs erected at
the location conform to the Traffic
Signs Regulations and General Directions 2016 and The Traffic
Signs Manual Chapter 3'.
An Adjudicator determines appeals by making findings of fact and
applying the relevant law.
Having considered the evidence, I prefer the EA's case. The
photographs and the camera footage
show the vehicle in the bus lane. The signage is also clear and
compliant. I find that the contravention
occurred. The Appellant's representations have not made out a
ground of appeal. Furthermore, the
Notice of Rejection addresses the basis of the Appellant's
appeal.
As an Adjudicator, I am unable to consider mitigating
circumstances or exercise any discretion. The
area of discretion is a matter for the Enforcement Authority.
For the reasons set out above, I refuse this appeal.
#Post#: 6991--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: October 8, 2023, 2:43 am
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I think clearly this applies: "will only be overturned if they
are plainly incompatible with the evidence that was before the
adjudicator" but there is no instructions on how to claim a
review
From their website:
After the decision has been made
There is no automatic right of appeal against the adjudicator's
decision. However, in limited circumstances a decision can be
reviewed.
The grounds for review are:
The decision was wrongly made because of an error by our
administrative staff;
You failed to appear or be represented at a hearing for some
good reason;
There is new evidence, the existence of which could not have
been reasonably known of or foreseen before the decision; or
The interests of justice require a review. You should note that
an adjudicator's findings of fact are normally regarded as final
and will only be overturned if they are plainly incompatible
with the evidence that was before the adjudicator. The mere fact
that you disagree with these findings is not a ground for
review.
A review will only be granted if an adjudicator is satisfied
that one or more of these applies. A review is NOT simply an
opportunity for you to appeal again. You will not be granted a
review just because you disagree with the adjudicator's
decision.
#Post#: 6992--------------------------------------------------
Re: ETA Appeal lost
DIR By: John U.K.
Date: October 8, 2023, 2:53 am
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I was about to post you this link
HTML https://www.londontribunals.gov.uk/eat/appeals-process-explained
and ask you to scroll down to review but you've found it,
leading me to believe that this is a London 'bus lane case?
Without knowing the background or detail it is impossible to
offer any meaningful advice about your chances of a review.
PLease post the case number and exactly what you submitted as an
appeal.
#Post#: 6993--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: October 8, 2023, 3:12 am
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I found that I should write them, is there a chance to overturn
by sending a letter like this?
Head of Support Services
London Tribunals
PO Box 10598
Nottingham
NG6 6DR
08/10/2023
Dear Sir or Madam,
Application for Review
Case number: 2230384795
Penalty Charge Notice number: LJ25354983
Date of Adjudicator’s decision: 7th October 2023
I am writing to apply for a review of the decision made by
Adjudicator Ms. Natalie Goffe on 7th October 2023 regarding Case
number 2230384795, where my appeal against liability for the
payment of Penalty Charge Notice LJ25354983 was refused.
I wish to apply for a review under Regulation 12 of the Schedule
to The Road User Charging (Enforcement and Adjudication)
(London) Regulations 2001, within the stipulated 14 days
following the adjudicator’s decision.
I seek a review for the following reasons:
1. **Inaccurate Evidence from the EA:** The decision was based
on the EA's evidence, which I believe to be outdated and
undated. This reliance led to a decision that I find erroneous,
as it can be discredited through an on-site visit or
consultation with Google Street View.
2. **Overlooked Supplementary Evidence:** A potential procedural
error occurred when my supplementary evidence was submitted
after the initial case submission. This evidence, crucial for my
case, appears to have been overlooked or disregarded during the
adjudication process.
To elaborate further, the final decision states: "The signage is
also clear and compliant". However, the supplementary evidence I
submitted post-initial case submission distinctly shows the
signage is turned, making it non-visible to road users, thereby
challenging the adjudicator's statement and the final decision's
validity. This clear discrepancy between the adjudicator’s
statement and the actual situation on the ground as supported by
my evidence renders the decision "plainly incompatible with the
evidence that was before the adjudicator", providing grounds for
a necessary review.
I respectfully request the evaluation of my application for
review, with a detailed assessment of the new and previously
overlooked evidence to ensure a fair and just re-evaluation of
the case.
I appreciate your attention to this matter and await your prompt
response.
Yours sincerely,
#Post#: 6994--------------------------------------------------
Re: ETA Appeal lost
DIR By: fraser.mitchell
Date: October 8, 2023, 3:54 am
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From what you've said, this was a papers-based adjudication, not
a hearing with the adjudicator, (most are done over the phone
nowadays). Is this the case ? Papers-based adjudications are
absolutely NOT recommended by this forum.
#Post#: 6995--------------------------------------------------
Re: ETA Appeal lost
DIR By: John U.K.
Date: October 8, 2023, 3:55 am
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Please,
--- Quote ---
> Without knowing the background or detail it is impossible to
offer any meaningful advice about your chances of a review.
>
> PLease post the case number and exactly what you submitted as
an appeal.
>
>
--- End Quote ---
The bar for review is set high
--- Quote ---
> A review is NOT simply an opportunity for you to appeal again.
You will not be granted a review just because you disagree with
the adjudicator's decision.
--- End Quote ---
#Post#: 6997--------------------------------------------------
Re: ETA Appeal lost
DIR By: DancingDad
Date: October 8, 2023, 4:40 am
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I suspect a review will be rejected but request by all means.
Re signage.....
The adjudicator will be looking to see if there is sufficient
signage to show the bus lane and generally does this comply.
So there should be solid whte lines , legends on the tarmac and
upright signs.
One sign being turned may have a misleading effect but does not
damn the bus lane.
You would need to show that the sign not being readily visible
affected your perception of the bus lane and this would have
mislead the reasonably attentive driver.
Without that, a review is likely simply to find that there is no
new evidence and that the adjudicator was entitled to reach the
decision
Anyone know if Lambeth have all the relevant certificates for
the cameras?
#Post#: 7045--------------------------------------------------
Re: ETA Appeal lost
DIR By: ivanleo
Date: October 8, 2023, 5:10 pm
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--- Quote from: DancingDad link ---
>
> Anyone know if Lambeth have all the relevant certificates for
the cameras?
>
--- End Quote ---
They do, but whether that particular camera is covered by the
certificate is anyone's guess.
--- Quote from: moctey link ---
>
> I had a slam dunk case but oddly I lost.
>
--- End Quote ---
No, you lost because you went for a decision on the papers. If
you'd exercised your right to a hearing, there may well have
been a different outcome. I think you'd be wasting your time
asking for a review, because there is nothing in your review
application that you couldn't have said at the hearing, if you'd
had one.
#Post#: 7058--------------------------------------------------
Re: ETA Appeal lost
DIR By: Pastmybest
Date: October 9, 2023, 3:52 am
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The adjudicator is clear in that they prefer the evidence of the
council. The evidence is subjective and they are allowed to come
to that decision ( we have seen none of the evidence so cannot
say either way) No review could in law overturn a finding of
fact unless the finding was so unreasonable that no reasonable
person could have found as they did. That is a very high bar
#Post#: 7060--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: October 9, 2023, 4:06 am
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The reference number for the case can be found in the letter I
have sent. I wish to seek clarification on two particular
points:
1. **Strength of Argument:**
I approached from a side road, with the only preliminary warning
being a white sign featuring a bus - a symbol that is, in my
view, not self-explanatory. Moreover, this sign was rotated
180°, rendering it completely invisible from my vantage point.
Upon entering the bus lane (where I believe it isn’t intuitively
obvious to moped drivers that entry is restricted), the
subsequent signs were accurate. However, I neither had adequate
time to exit the bus lane nor did it make logical sense to do
so, given I intended to make a left turn after traveling less
than 50 meters in the lane. Does the misoriented sign not serve
as a strong argument in my favor? My assumption was that it
constituted a significant point, but should it be deemed weak,
my case might be untenable.
2. **Prior Case Precedent:**
Interestingly, I previously won an identical case where the
council had supplied undated photographs, a fact I didn’t
initially notice. In the current situation, I explicitly noted
the absence of dates on the pictures, provided up-to-date images
showing the signs’ altered positions, accused the council of
deliberate deception, and requested financial compensation for
their intentional misinformation. To my astonishment, none of
these arguments were acknowledged or addressed.
3. **Concerns Regarding Paper Appeals:**
Could you please elucidate why appeals submitted in paper form
are seemingly ineffective or disadvantageous?
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