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Can I take the London Tribunal to Judicial Court for Inconsistency of the law?, Bus lane Appeal refused when another similar case overturned
sjhall
post Yesterday, 09:57
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Firstly I would like to say that, up to this point I’ve been quite successful with having both private and council tickets overturned so I’m not a novice at this sort of thing.

I have just attended a hearing at the London Tribunals for a case where I was caught on CCTV using the last several meters of a bus lane in filtering into the left lane to make a left turn at the lights. A common case I’m sure and one that made the newspapers back in 2015 by a Mr Kornbluth - see link;

https://www.driving.co.uk/news/putting-a-st...-lane-cash-cow/


I appealed on the basis that;

That the charge is not proportionate to the offence, it was a minor infringement,
Merton Council are targeting people to gain revenue,
I gained no advantage in filtering left and no bus was utilising the lane at the time.
This exact same case has already been appealed and been overturned (see link) and therefore a precedent has been set and should therefore continue

Fine is NOT proportionate to offence

The case was refused at every juncture right up to the adjudicators decision where I asked for a review of the adjudicators decision on the basis that the outcome was a) in the public interest and b) in the interest of justice

I was granted an audience and I attended the hearing and pleaded my case stating that;

The cases were identical
I was in the bus lane for a shorter period of time and distance than Mr Kornbluth &
An adjudicator (trained lawyer) from the Traffic Penalty Tribunal of England and Wales overturned an identical case stating that and I quote -

“‘minor infringements of the rules are not to be treated as contraventions subject to enforcement’

so
The decision the previous adjudicator made in not overturning my case was inconsistent in the law. You cannot have one legal representative make one decision and another make the complete opposite decision for the same circumstances.

The adjudicator I spoke to yesterday stated that;

They were not identical cases because one was in London and the other up north
Bus lanes in the rest of the country were different to bus lanes in London (???)
I was in the bus lane and caught on CCTV
He therefore felt the adjudicator made the right decision

When I tried to argue the inconsistency bit he never really held up the argument and avoided answering directly.

Basically I would like to take this case to review by the judicial system.
This in my humble opinion IS inconsistent in terms of the law.

I am happy to provide all details of this case for clarification if so desired. 
I am also looking for some legal advise and so anyone who can recommend a good lawyer that would fight my corner I would appreciate a contact number if possible.

Am I clutching at straws here?
I have 28 days from yesterday to pay up. Should I pay up and then seek to claim back the money plus expenses or apply for judicial review and will that increase my fine?

I’m sick of councils making money like this underhandedly, targeting the public who do not deliberately flaunt the system. Something has to be done about all this bus lane, box junction nonsense. Its like putting a box over the air conditioning controls at work because you don’t want grown adults changing the temperature only fining people if they do. It has to stop!

Regards

Stuart
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post Yesterday, 09:57
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PASTMYBEST
post Yesterday, 10:28
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Regardless of anything else you should pay, if you dont you risk escalating to bailiffs who will not care that you are asking for JR. If you did so and won you would be refunded.

But JR cost into the thousands maybe up to 10k or more.

And what do you have. You entered into a bus lane, a contravention. your appeal that it was a minor infraction and of no legal consequence. ( De minimis non curat lex). That is a finding of fact that an adjudicator is entitled to make. No finding by one adjudicator is binding on any other. So Jr cannot rule on that. as to a finding of fact the adjudicator is entitled to make a judge would only over rule if that finding was so unreasonable that no reasonable person could come to that finding. ( wednesbury unreasonableness) Taken from the definitive high court case

we would need to see far more detail to offer other than this general view
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seank
post Yesterday, 15:14
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If you read through the transcripts of many of the adjudications, you'll regularly come across the adjudicators' comments.
They often say that the rulings in previous cases are not binding upon them.
They are free to decide as they choose.
Just like in the county court. One judge will rule in your favour and another rule against you, based on exactly the same facts.
All very annoying, but a JR in the High Court costs £154 for permission and then £770 for a simple hearing.
If you lose, you're liable to pay the other party's costs, including their representation.
Often goes to £10,000
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sjhall
post Today, 06:40
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Thanks for all the advice. I will pay the fine then write an article that hopefully the Sunday Times Driving might publish. They published the article about the solicitor that got off his bus lane contravention, maybe they'll publish regarding the inconsistency in their decision making?
I don't have the money or the energy to get a JR but I'm not letting this slide.

Since I bought my house in Merton in January Ive had;
A bus lane Contravention for clipping the last few metres when turning left,
A Yellow Box Contravention for stopping and letting 2 cars out a side road because the front of my car was inside the box (luckily I got off this one because the tribunal couldn't get hold of the CCTV) &
A Parking Ticket for being a foot on MY OWN dropped curb whilst unloading a washing machine into my house!

I've NEVER experience such underhanded stealth tax from a council. And NEVER collected tickets like this in succession from anywhere.
Its actually putting me off living here.

Thanks again

Regards

Stuart
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seank
post Today, 09:47
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I think that's wise.
Now that you know you'll be fined for bus lane contraventions, stopping in box junctions and parking on a dropped kerb (note spelling), will you drive differently?
It's just that you were in the wrong on each of these offences, yet you chose to try and fight them.
Lots of hassle for yourself that you probably just don't need.
Councils are parasites, always seeking to boost their income. Now you know that, I'd suggest you try to stick to the rules.
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