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#Post#: 11447--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: November 28, 2023, 7:42 am
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No shock 8) , council sent a do not contest form and a refund.
Now I would like to explore compensation because they have tried
to win knowing that they submitted false evidence to the
tribunal.
Fyi, decision:
Thank you for your recent correspondence regarding the above
Penalty Charge Notice that has been passed to me
by the Parking Appeals service.
Your comments have been noted together with your evidence
supplied.
Although the PCN was issued correctly within the Traffic
Management Order (TMO) stipulated enforcement times of
the restricted bus lane which are Mondays to Sundays inclusive
7am to 7pm, the discrepancy raised regarding the
signs has been noted/flagged to our signs and lines team and we
have decided on this occasion not to contest the
case. Our records show that this PCN was paid following our
Notice of Rejection and a refund of £130.00 has been
approved which you should receive within 28 days of this notice.
This authority will not be contesting your appeal against
liability for the Penalty Charge Notice and therefore the
notice has been cancelled and the case is now closed. We have
also written to the Parking Appeals Service
informing them of our decision.
Please note that each case is treated on its own merit and that
you have now been made aware of the restrictions of
this bus lane and future Penalty Charge Notices (PCN) may not be
cancelled.
Lambeth Council will not be issuing compensation as requested in
your letter as the PCN is now cancelled and the
case is closed. You may with to visit the Environment and
Traffic Adjudicator's website in relation to applying for
costs.
I trust this matter has been resolved to your satisfaction and
we apologise for any inconvenience caused.
#Post#: 11450--------------------------------------------------
Re: ETA Appeal lost
DIR By: mrmustard
Date: November 28, 2023, 7:53 am
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Amazing, some honesty from the council (I often bump into their
Appeal reps at the tribunal and they are good eggs, we
occasionally lock horns without any hard feelings as to who
wins) so well done. We experts were sceptical but are delighted
to be proved wrong.
#Post#: 11458--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: November 28, 2023, 9:59 am
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any way to claim compensation?
#Post#: 11470--------------------------------------------------
Re: ETA Appeal lost
DIR By: Hippocrates
Date: November 28, 2023, 2:16 pm
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--- Quote from: moctey link ---
>
> any way to claim compensation?
>
--- End Quote ---
Firstly, well done. Secondly, "compensation" does not exist;
however, if you wish to pursue an application for "costs", the
threshold of wholly unreasonable conduct is rather high. I
know. Just won a case (as representative) re costs today and I
had to get out my climbing equipment. And you will need one of
us to represent you.
#Post#: 11471--------------------------------------------------
Re: ETA Appeal lost
DIR By: Hippocrates
Date: November 28, 2023, 2:17 pm
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--- Quote from: mrmustard link ---
>
> Amazing, some honesty from the council (I often bump into
their Appeal reps at the tribunal and they are good eggs, we
occasionally lock horns without any hard feelings as to who
wins) so well done. We experts were sceptical but are delighted
to be proved wrong.
>
--- End Quote ---
Good to be honest!
#Post#: 11498--------------------------------------------------
Re: ETA Appeal lost
DIR By: ivanleo
Date: November 28, 2023, 7:15 pm
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--- Quote from: moctey link ---
>
> No shock 8) , council sent a do not contest form and a refund.
>
--- End Quote ---
Can you give us the case number please? We might be able to get
a refund issued to everyone who got a PCN at this location.
And very well done for persevering, I'm very pleased to be
proven wrong in a case like this.
#Post#: 12313--------------------------------------------------
Re: ETA Appeal lost
DIR By: moctey
Date: December 13, 2023, 4:34 am
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--- Quote from: Hippocrates link ---
>
> [quote author=moctey link=topic=670.msg11458#msg11458
date=1701187162]
> any way to claim compensation?
>
--- End Quote ---
Firstly, well done. Secondly, "compensation" does not exist;
however, if you wish to pursue an application for "costs", the
threshold of wholly unreasonable conduct is rather high. I
know. Just won a case (as representative) re costs today and I
had to get out my climbing equipment. And you will need one of
us to represent you.
[/quote]
yes still interested, I find this as bad as submitting doctored
evidence to the tribunal. Even if the threshold is high it
should be above.
and yes sorry for the late reply, of course happy to share all
the details, Case Reference: 2230384795 (refused)
since we know they have submitted the same undated evidence for
several years, seems natural that all PCNs should be cancelled
#Post#: 12321--------------------------------------------------
Re: ETA Appeal lost
DIR By: Hippocrates
Date: December 13, 2023, 5:02 am
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? I am lost.
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