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Hackney School Streets Restrictions - Rushmore Road PCN, Hackney School Streets Restrictions - Rushmore Road PCN
RootieTootie
post Tue, 16 Oct 2018 - 18:41
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Hi there,

So Hackney Council have placed a new restriction on the roads surrounding Millfields School. All the roads in this area are dead ends and Rushmore Road, which runs along side the school, is the only exit route out of the area.

A flyer delivered in February offering all information, prior to the enforcement, gave the impression that all vehicles assigned to residents in Zone N would automatically be registered for exemption. On reading it again - there seems to be a contradiction.

A PCN has been delivered. Please see the attached, as well as the flyer initially received by all in the area.

All comments and thoughts welcome. The local council has been called, however, they will not cancel it over the phone, so a strong initial case is necessary.

Side note: the image on the right is as unclear as it appears - only the reg number is visible.

Here's the PCN and flyer:


Thanks in advance.

UPDATE: This is a 6 page doc - but I'm having difficulty saving the pdf with all pages to a JPEG (it's just saving the first page) - any advise appreciated. tinypic is not playing ball anymore it would seem.... or for now, so I can't add them as separate pages.

smile.gif

This post has been edited by RootieTootie: Tue, 16 Oct 2018 - 19:12
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post Tue, 16 Oct 2018 - 18:41
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RootieTootie
post Thu, 3 Jan 2019 - 23:00
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I have submitted as an attachment. I could not see the option to add a message but on going in a second time found the place to note I have added other evidence.

Thank you again for your advice.
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RootieTootie
post Thu, 10 Jan 2019 - 03:13
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Hi,

I have my tribunal today (10th), and I've realised I may have omitted key evidence. I didn't send a copy of the council's Notice of Rejection. I completely forgot this is an independent panel. Am I allowed to show my copy of the letter? Can I referred to the Council's own evidence as they have submitted it themselves as evidence?

I also did not number/letter my evidence which I hope won't annoy the adjudicator (this is a learning curve!).

Incidentally, how do I address the adjudicator? Is there a formal code of conduct in this situation? I don't want to irk them before I even begin!



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Incandescent
post Thu, 10 Jan 2019 - 10:42
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QUOTE (RootieTootie @ Thu, 10 Jan 2019 - 03:13) *
Hi,

I have my tribunal today (10th), and I've realised I may have omitted key evidence. I didn't send a copy of the council's Notice of Rejection. I completely forgot this is an independent panel. Am I allowed to show my copy of the letter? Can I referred to the Council's own evidence as they have submitted it themselves as evidence?

I also did not number/letter my evidence which I hope won't annoy the adjudicator (this is a learning curve!).

Incidentally, how do I address the adjudicator? Is there a formal code of conduct in this situation? I don't want to irk them before I even begin!

You'll be fine. Be sure you never get "confrontational" with the adjudicator. First names are out so, best to use "Mr aaaaaa"

The adjudicator looks at all the evidence, theirs and yours and decides "on the balance of probabilities", as this is a civil, not a criminal matter. Their letter of rejection is there in the evidence, so don't worry.
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RootieTootie
post Thu, 10 Jan 2019 - 16:27
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Tribunal done.

Not sure it went very well.

The adjudicator didn't think the NoR was a pro forma letter - I, in hindsight, should have pushed the fact that enough PCNs had been issued by now that it was.

The adjudicator didn't feel the flyer was unclear, and that because the road sign says 'SS3 zone residents are exempt', that this detail on the sign still should have been noticed and adhered to, and that it doesn't say 'Zone N residents are exempt' on the sign. I should in hindsight have pointed out that the flyer specifically says Zone N residents would be exempt.

I did push the point that the term SS3 zone was not mentioned at all on the flyer and that the flyer was delivered long before the signs went up so was taken at face value that I was exempt so had no reason to question the sign, and that no other communication was delivered to residents.

I also kept referring to the lack of reference to my evidence - the flyer specifically - in their NoR.

Oh well, let's see. I felt I rushed through it. I should have systematically picked apart their argument but instead muddled through my own points. He didn't look convinced.
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cp8759
post Thu, 10 Jan 2019 - 20:24
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QUOTE (RootieTootie @ Thu, 10 Jan 2019 - 16:27) *
I should in hindsight have pointed out that the flyer specifically says Zone N residents would be exempt.

+ 1 million, that's the whole basis of your case. If going for a personal hearing it's advisable to recite your oral case, there's a big difference between writing legal submissions at your own desk, in your own time, and having to put a point across in an oral hearing. There's a reason barristers make more than solicitors after all. However the fact that he didn't give you a decision ex tempore is a good sign, normally when they're not convinced they just dismiss the appeal there and then.

This post has been edited by cp8759: Thu, 10 Jan 2019 - 20:25


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Sat, 12 Jan 2019 - 14:24
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Hindsight's a wonderful thing. I did, of course, hone this point about the Zone N exemption on the flyer at the beginning. But I didn't remind him when he kept mentioning the SS3 zone. I did also have a practice but there's something strange about reading what you've submitted to someone who has the same document in front of them, it made me rush through it, rather than read it deliberately. Anyway, I'm glad I did it regardless. I still stand by my argument!


Oddly, I still haven't heard from them. He said I would hear within 24 hours and that was Thursday.

This post has been edited by RootieTootie: Sat, 12 Jan 2019 - 14:33
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cp8759
post Sat, 12 Jan 2019 - 22:48
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Maybe log onto the tribunal website and see what the case status is?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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RootieTootie
post Sun, 13 Jan 2019 - 01:48
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It says the case is now sealed. Maybe it will arrive in the post Monday.
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MrChips
post Sun, 13 Jan 2019 - 02:23
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Sounds like good news

2180488150

At this scheduled personal hearing the appellant attended in person but the Enforcement Authority did not attend and were not represented.

A contravention can occur if a vehicle is driven so as to fail to comply with a restriction on vehicles entering a pedestrian zone.

There appears to be no dispute that the vehicle was in Rushmore Road, as shown in the closed circuit television (cctv) images produced by the Enforcement Authority.

The vehicle is seen to pass the sign which clearly indicates that at certain times, including the material time, all motor vehicles are prohibited except for holders of an ‘SS3’ permit.

The appellant’s case is that she lives in Mayola Road, a few doors from the sign, and had received a flyer from the Enforcement Authority announcing the inception of the pedestrian zone, which did not mention ‘SS3’.

However the flyer included the following:

&gt; Access for residents and businesses will be maintained if they have registered their vehicle for an exemption

&gt; Zone residents with vehicles in possession of a Zone N parking permit will be automatically registered; any other resident/business needs to apply for an exemption

The appellant is the holder of a Zone N permit, which is not disputed.

The appellant sent a copy of the flyer with her original representations to the Enforcement Authority but the Notice of Rejection does not refer to this in any way.

In their case summary, the Enforcement Authority state that the flyer explained that zone as:

&gt; Hilsea Street, Elmcroft Street and Rushmore Road between Hilsea St and Mayola Rd will be made a pedestrian and cyclist only zone from 8.30am-9.15am and 3.15pm-4pm on school days only.

This is correct but there is no reference to Zone ‘SS3’ anywhere on the flyer.

It does generally remain the responsibility of the motorist to check carefully at all times whilst driving their vehicle, so as to ensure that they do so only as permitted and that this will remain the position for as long as the vehicle will be there. This includes making sure that they comply with all restrictions and prohibitions indicated by the signs. However, the Enforcement Authority also have a responsibility to ensure that the motorist is not mislead. Such motorist, particularly a resident of the area, is entitled to rely upon communications for the relevant Authority.

The flyer is at best ambiguous if not very misleading. If it were simply the case that the appellant passed the sign aware that she not have an ‘SS3’ permit then she would probably be liable for the contravention.

I have had the opportunity of hearing the appellant personally and find her to be an honest, credible and convincing witness. I accept what she tells me about her genuine reliance on the Enforcement Authority communication and had been ‘automatically registered’ as described. I also note that although the Zone restrictions at the end of her road came into force in January 2018, this Penalty Charge Notice was issued in October 2018.

Considering all the evidence before me carefully I cannot find as a fact that, on this particular occasion, a contravention did occur. Accordingly this appeal must be allowed.
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cp8759
post Sun, 13 Jan 2019 - 11:46
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Well done RootieTootie, excellent result.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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stamfordman
post Sun, 13 Jan 2019 - 11:57
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Great result - this was always going to come down to the wording on the flyer as we saw from the start of this. You worried unnecessarily that the adjudicator didn't pick this up but they did!

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RootieTootie
post Mon, 14 Jan 2019 - 18:48
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Wow! Great news! (I am surprised!).

Thank you for posting this - I still haven't had any direct communication! Where did you find it?

Thank you for all your help - I certainly couldn't have done it without your support and advice.

My bank account is also incredibly thankful after a tough month!

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MrChips
post Mon, 14 Jan 2019 - 23:36
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All decisions at London Tribunals are available through their website.

https://londontribunals.org.uk/

One can search by date, local authority etc
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RootieTootie
post Sun, 20 Jan 2019 - 16:08
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Thanks again to you all, particular thanks to hcandersen and especially cp8759 for helping with drafting responses.

I only received the letter yesterday(!).

Do I need to log this win somewhere on this forum? Let me know.

Warmest

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DancingDad
post Sun, 20 Jan 2019 - 16:24
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Let me add my congrats on this.

Nowhere you need to add but there is a forum dedicated to wins, you can add in there if you want.

One thing confuses me
QUOTE
I also note that although the Zone restrictions at the end of her road came into force in January 2018, this Penalty Charge Notice was issued in October 2018.

Which presumably means that you had passed the sign and camera many times before and quite possibly since?
And they didn't issue a PCN those times?
Which seems to make it clearer that you do qualify for any exemption and thus council were acting wholly unreasonably in resisting any challenges.

In turn that makes me think on costs and/or a major complaint to the council
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stamfordman
post Sun, 20 Jan 2019 - 16:36
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QUOTE (DancingDad @ Sun, 20 Jan 2019 - 16:24) *
QUOTE
I also note that although the Zone restrictions at the end of her road came into force in January 2018, this Penalty Charge Notice was issued in October 2018.

Which presumably means that you had passed the sign and camera many times before and quite possibly since?



Well it came in 1 Feb and only operates Mon-Fri 8.30 am-9.15 am and 3.15pm-4pm. Term time only too.

So OP may well not have used the roads affected during these times.

Hackney is consulting on more of these school streets, including one by my kids' school. I have voiced my support.

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RootieTootie
post Sun, 20 Jan 2019 - 18:39
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QUOTE (DancingDad @ Sun, 20 Jan 2019 - 16:24) *
One thing confuses me
QUOTE
I also note that although the Zone restrictions at the end of her road came into force in January 2018, this Penalty Charge Notice was issued in October 2018.

Which presumably means that you had passed the sign and camera many times before and quite possibly since?
And they didn't issue a PCN those times?
Which seems to make it clearer that you do qualify for any exemption and thus council were acting wholly unreasonably in resisting any challenges.

In turn that makes me think on costs and/or a major complaint to the council


I didn't drive through this zone until this occasion in October (I don't use my car much - normally at weekends and sometimes evenings). The adjudicator, on noticing the time difference between the enforcement of the restrictions and the date of the PCN, told me in the first few weeks PCNs issued are often waived due to the enforcement being a new restriction in the area. I thought the time period, therefore, wouldn't go in my favour (another reason why I didn't think I was going to win), because it suggests I avoided the restriction until this particular occasion. I didn't think to tell him that it was because I don't use my car in the daytime much.

This post has been edited by RootieTootie: Sun, 20 Jan 2019 - 18:42
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