PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

London bus lanes, costs
cp8759
post Sat, 17 Dec 2022 - 10:36
Post #1


Member


Group: Members
Posts: 38,007
Joined: 3 Dec 2010
Member No.: 42,618



London bus lane PCN pursued by Waltham Forest on the basis that "Unlike parking Enforcement, there is no requirements for an approved device under London local Authorities act 1996."

Furzana Yasmin Alvi v London Borough of Waltham Forest (2220749639, 15 December 2022)

Second bus lane case this week where Waltham Forest has ended up having to pay costs (plus a third non-bus lane one). All in all the three cases have cost them over £700 between lost revenue, costs orders and tribunal fees, there might have to be a scaled-down Christmas party this year.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 15)
Advertisement
post Sat, 17 Dec 2022 - 10:36
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Schofeldt
post Sat, 17 Dec 2022 - 11:03
Post #2


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



Brilliant. The same authority and bus lane which Mr Chan "urged" to research the law. I am sure this will put a smile on member Glitch's face.

This post has been edited by Schofeldt: Sat, 17 Dec 2022 - 11:15


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Sat, 17 Dec 2022 - 19:28
Post #3


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



QUOTE (cp8759 @ Sat, 17 Dec 2022 - 10:36) *
London bus lane PCN pursued by Waltham Forest on the basis that "Unlike parking Enforcement, there is no requirements for an approved device under London local Authorities act 1996."

Furzana Yasmin Alvi v London Borough of Waltham Forest (2220749639, 15 December 2022)

Second bus lane case this week where Waltham Forest has ended up having to pay costs (plus a third non-bus lane one). All in all the three cases have cost them over £700 between lost revenue, costs orders and tribunal fees, there might have to be a scaled-down Christmas party this year.

They disgust me. Another missive in the pipeline. And yet another Enforcement Notice sent out to one of our members. I am dealing with it. Also pending is a hearing re a YBJ in which they have copied and pasted the NOR exactly as per philou's case heard on 27th October.

The emboldened quote demonstrates their absurd misunderstanding of the law and the need for them to be sacked. Who was the author? They need to be named and shamed.

This post has been edited by Schofeldt: Sat, 17 Dec 2022 - 19:35


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Slapdash
post Sat, 17 Dec 2022 - 19:42
Post #4


Member


Group: Members
Posts: 1,884
Joined: 2 Aug 2016
Member No.: 86,040



That was remarkably damning. A strong sense of feeling their time is being deliberately wasted.
Go to the top of the page
 
+Quote Post
Schofeldt
post Mon, 19 Dec 2022 - 14:41
Post #5


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



Absolutely. As per my London Bus Lane Enforcement thread in The Flame Pit, the more people who complain to their MPs, the more chance we will get the Transport Select Committee to "invite" certain persons to attend a hearing. Please PM me for details.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Mon, 19 Dec 2022 - 16:45
Post #6


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



I believe it is time to write to a certain person near Chancery Lane.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
cp8759
post Tue, 20 Dec 2022 - 01:08
Post #7


Member


Group: Members
Posts: 38,007
Joined: 3 Dec 2010
Member No.: 42,618



Two more:

Thomas Pilborough v London Borough of Hammersmith and Fulham (2220806834, 07 December 2022)
Irfan Iqbal v London Borough of Waltham Forest (2220793845, 17 December 2022)


Might need to find out who did the PPI adverts, see if we can get a "turn your bus lane PCN into cash" scheme going.

This post has been edited by cp8759: Tue, 20 Dec 2022 - 01:09


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
Schofeldt
post Tue, 20 Dec 2022 - 08:03
Post #8


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



I really fail to understand how these people sleep at night, if they have a conscience that is.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Sun, 5 Feb 2023 - 13:24
Post #9


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



Michael Jenkins v Royal Borough of Kingston upon Thames: 2220812407 30th January 2023

Ian Prideaux v Borough of Lambeth 2220609130 28th Nov 2022

This post has been edited by Schofeldt: Sun, 5 Feb 2023 - 20:23


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Fri, 12 May 2023 - 17:16
Post #10


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



2230120104. Details to follow. Uncontested costs and a DNC. £57. Brent. At least they apologised too.

This post has been edited by Schofeldt: Tue, 16 May 2023 - 16:43


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Tue, 6 Jun 2023 - 04:12
Post #11


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



2230136090 Mr Kalpesh Bhanderi v London Borough of Harrow.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Mon, 28 Aug 2023 - 09:11
Post #12


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



QUOTE (Schofeldt @ Fri, 12 May 2023 - 18:16) *
2230120104. Details to follow. Uncontested costs and a DNC. £57. Brent. At least they apologised too.

Update: they still haven't coughed up! 2 months have now passed.

223027188A v Lambeth


ETA Register of Appeals
Register Kept Under Regulation 20 of the Road Traffic (Parking Adjudicators)(London) Regulations 1993, as amended or Paragraph 21 of the Schedule to the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, as applicable
Case Details
Case reference 223027188A
Appellant Stanmore Quality Surfacing Ltd
Authority London Borough of Lambeth
VRM MJ22 YTR
Decision Cost award allowed
PCN Details
PCN LJ23283873
Contravention date 22 Dec 2022
Contravention time 08:08:00
Contravention location Clapham Park road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date
Decision Date 26 Jun 2023
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons Mr Murray-Smith, for the appellant, and Mr Neil, for the council, appeared before me today via telephone.I reserved my decision.
This vehicle on the council's case was in a bus lane.Notwithstanding Mr Neil's submissions on the point made in accordance with those set out in the council's case summary I am satisfied applying the decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) that evidence of an alleged bus lane contravention is only admissible before this tribunal if it is produced by a prescribed device approved by the Secretary of State. The Vehicle Certification Agency letter of 15/05/23 provided by the council at 'C' in which that matter is addressed post dates this incident. I am not satisfied that the council has proved that this camera was, at the relevant time, a prescribed device approved by the Secretary of State. Its camera evidence is not therefore I find admissible, and, in its absence, I cannot be satisfied that the contravention occurred. The appeal is accordingly allowed.

Authority Response
Decision Date 14 Aug 2023
Adjudicator Andrew Harman
Previous decision Appeal allowed
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons Mr Murray-Smith, for the appellant, appeared before me today via telephone to argue his application for an order for costs and expenses against the council in accordance with his emailed written submissions of 16/07/23. The council responded to the application in writing on 11/08/23

but it did not attend the hearing.
I reserved my decision.
The council opposes the application but it does not in its response deal with any of the points made by Mr Murray-Smith.
The decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) is not binding on any other adjudicator but no adjudicator so far as I am aware has declined to follow it.
I agree with Mr Murray-Smith that had the council at the appeal hearing sought to raise a new point in support of its case as to the certification of this camera then that would have bene a proper basis upon which to contest the appela but it did not do so the council appearing to misunderstand the applicable law.
I have concluded on the basis of Mr Murray-Smith's arguments that the council did act wholly unreasonably in contesting this appeal. I accordinlgy allow the application and award the sum sought.
Authority Response
Cost Details
Application by Appellant
Decision date 14 Aug 2023
Adjudicator Andrew Harman
Decision Cost award allowed
Direction -
Reasons Mr Murray-Smith, for the appellant, appeared before me today via telephone to argue his application for an order for costs and expenses against the council in accordance with his emailed written submissions of 16/07/23. The council responded to the application in writing on 11/08/23

but it did not attend the hearing.
I reserved my decision.
The council opposes the application but it does not in its response deal specifically with any of the points raised by Mr Murray-Smith.
The decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) is not binding on any other adjudicator but no adjudicator so far as I am aware has declined to follow it.
I agree with Mr Murray-Smith that had the council at the appeal hearing sought to raise a new point in support of its case as to the certification of this camera then that would have been a proper basis upon which to contest the appeal but it did not do so the council appearing to misunderstand the applicable law.
I have concluded on the basis of Mr Murray-Smith's arguments that the council did act wholly unreasonably in contesting this appeal. I accordinlgy allow the application and award the sum sought.


This post has been edited by Schofeldt: Mon, 28 Aug 2023 - 09:15


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Wed, 29 Nov 2023 - 09:37
Post #13


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



And another. Havering. They are raking in thousands with defective Penalty Charge Notices and Enforcement Notices.

Havering's staff need INSET.


Case reference 2230439332

Cost Details
Application by Appellant
Decision date 28 Nov 2023
Adjudicator Edward Houghton
Decision Cost award allowed
Direction -
Reasons The Appellant did not appear in person but was represented by Mr Morgan. Having heard his submissions I consider that this is a case where the statutory criteria for the making of an Order are met. The legal deficiencies in the Council’s documentation were drawn to its attention at an early stage and were in my view incontrovertibly correct, potential grounds of appeal appearing that were inapplicable in the case of Bus Lane contraventions. The Council should have accepted the representations on this point and its failure to do so was in my view wholly unreasonable. The amount claimed seems to me a modest and proportionate sum and I make the order in that amount.


*****************************

Submissions against the council's evidence pack:

1. The CCTV evidence shows no Bus Lane signage - either road legend or upright sign.
2. The Case Summary includes an undated photo of signage. (Signed FG)
3. The PCN under Enforcement Notice mentions the wrong time period in the first sentence re service. Also under How to Challenge. Under Making Representations the PCN states two grounds which do not belong to the 1996 legislation.
4. The Enforcement Notice states under Making Representation 28 days from the date of the notice and 28 days from the date of service of the notice. It also wrongly states the charge certificate period as from the date of the notice. The same criticism applies re extra grounds as per the PCN. The payment date is also wrong as beginning with the date of the notice - 28 days.
5. In Bus Lane challenge – no pdf is included. I have attached this.
6. In Bus Lane Chall Rejection Mr Beasley states he has given careful consideration to all the matters raised and that the representation has been considered in accordance with the requirements of the London Local Authorities & Transport for London Act 2003. WRONG ACT!!!!!!!!!!!!!!!
7. My formal representations to the Parking Manager et alia re irrelevant grounds etc was a polite attempt to resolve this matter.
8. The NOR incorrectly states the payment period as from the date of the notice and threatens another Enforcement Notice. Ms Fitzgerald is the author. It then states another deadline of within 21 days from the date of service of this letter. And also 28 days from the date of service which is correct. This NOR is most extraordinary, to say the least.
9. The Exteneded (sic) Case Summary unreasonably states that the appellant has not presented their appeal. Also it is unreasonable to write that any further submission made by either the keeper or appellant at this stage should be discounted as the Council have not been afforded sufficient time to consider any other points of appeal. In all my experience as a lay representative, I have to state that this is really quite unique.

In view of the numerous departures from the statutory scheme and all issues raised, whether singly or as a whole, I ask that the appeal be allowed. The council has clearly played fast and loose with the statutory scheme, at times seemingly attempting to explain itself by rewriting the legislation in essence and, as a result, certainly creating confusion. The last point (9)is quite extraordinary under the circumstances. In short, the council has not proved their case.


The application for costs:

Grounds for making this application


The wholly unreasonable and, indeed, vexatious conduct of the council in its pursuit of this case is summarised as follows:

1. The confusing statements to be found on the NOR (last attachment) as follows: As stated within the Bus Lane Penalty Charge Notice, The Penalty Charge of £130.00 must be paid before the end of the period of 28 days beginning with the date of this notice. If the Penalty Charge Notice is paid before the end of the period of 14 days beginning with the date of this notice a reduced amount of £65.00 is payable. If the Penalty Charge is not paid before the end of the 28 day period, an Enforcement Notice may be served by the council on the person appearing to be the owner of the vehicle. Whilst there are additional grounds on the Bus Lane Enforcement Notice to challenge the Penalty Charge Notice we believe this does not invalidate the Penalty Charge Notice as it gives drivers an extra option to make representation. Challenges and representations received are reviewed based upon the appellant’s written submission and not which ground for representation has been selected .Remember you only have 28 days from the service of this letter to do this and prevent a Charge Certificate from being served. Unless you appeal to the London Tribunals as described above, you must pay the Penalty Charge Notice of £130.00 within 21 days from the date of service of this letter. Failure to pay may result in the service of a Charge Certificate by the Council which will increase the charge due by 50% to £195.00. Challenges and representations received are reviewed based upon the appellant’s written submission and not which ground for representation has been selected.
2. The copy NOR (last attachment) provided to the Tribunal does not tally with the original (first attachment) as sent to the appellant as the following statement has been redacted: We have approached London Councils for advice and believe the Penalty Charge Notice and Enforcement Notice are correct. This is a very serious matter. Indeed, I had written to Mr Stephen Boon as per the second attachment but have had no reply whatsoever.
3. Referring to the Exteneded (sic) Case Summary (third attachment), I say that the following statement is not only wholly unreasonable but also vexatious: Any further submission made by either the keeper or appellant at this stage should be discounted as the Council have not been afforded sufficient time to consider any other points to their appeal.

I attach Mr ****'s Witness Statement (attachment 4) detailing his costs and ask for a personal hearing to determine this matter. I believe that he is entitled to costs in view of the council’s wholly unreasonable conduct, at least throughout, and certainly from the receipt of the NOR. The appellant had made sensible submissions ab initio and the council wholly unreasonably rejected them in terms of their excuses and attempts to rewrite the legislation. Indeed, the NOR clearly appears to conflate three legislations. While I accept that a council has the right to review the case and issue a DNC, nevertheless, its conduct in this case meets the threshold of “wholly unreasonable” at least – the amended NOR as per ground 2 above needs a proper explanation by the officer concerned viz. Ms Fitzgerald. It is simply wholly unacceptable for a council to adduce as evidence an amended document, yet alone one as important as a Notice of Rejection. Furthermore, as the redaction involves apparent advice from London Councils, this really is a very serious issue in my view.

I am copying this application to the council and its Parking Manager.

This post has been edited by Schofeldt: Wed, 29 Nov 2023 - 20:46


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Wed, 6 Dec 2023 - 13:28
Post #14


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



223027188A Stanmore Quality Surfacing Ltd v London Borough of Lambeth

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 223027188A
Appellant Stanmore Quality Surfacing Ltd
Authority London Borough of Lambeth
VRM MJ22 YTR
Decision Cost award allowed
PCN Details
PCN LJ23283873
Contravention date 22 Dec 2022
Contravention time 08:08:00
Contravention location Clapham Park road
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date
Decision Date 26 Jun 2023
Adjudicator Andrew Harman
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons Mr Murray-Smith, for the appellant, and Mr Neil, for the council, appeared before me today via telephone.I reserved my decision.
This vehicle on the council's case was in a bus lane.Notwithstanding Mr Neil's submissions on the point made in accordance with those set out in the council's case summary I am satisfied applying the decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) that evidence of an alleged bus lane contravention is only admissible before this tribunal if it is produced by a prescribed device approved by the Secretary of State. The Vehicle Certification Agency letter of 15/05/23 provided by the council at 'C' in which that matter is addressed post dates this incident. I am not satisfied that the council has proved that this camera was, at the relevant time, a prescribed device approved by the Secretary of State. Its camera evidence is not therefore I find admissible, and, in its absence, I cannot be satisfied that the contravention occurred. The appeal is accordingly allowed.

Authority Response
Decision Date 14 Aug 2023
Adjudicator Andrew Harman
Previous decision Appeal allowed
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons Mr Murray-Smith, for the appellant, appeared before me today via telephone to argue his application for an order for costs and expenses against the council in accordance with his emailed written submissions of 16/07/23. The council responded to the application in writing on 11/08/23 but it did not attend the hearing.
I reserved my decision.
The council opposes the application but it does not in its response deal with any of the points made by Mr Murray-Smith.
The decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) is not binding on any other adjudicator but no adjudicator so far as I am aware has declined to follow it.
I agree with Mr Murray-Smith that had the council at the appeal hearing sought to raise a new point in support of its case as to the certification of this camera then that would have bene a proper basis upon which to contest the appela but it did not do so the council appearing to misunderstand the applicable law.
I have concluded on the basis of Mr Murray-Smith's arguments that the council did act wholly unreasonably in contesting this appeal. I accordinlgy allow the application and award the sum sought.
Authority Response
Cost Details
Application by Appellant
Decision date 14 Aug 2023
Adjudicator Andrew Harman
Decision Cost award allowed
Direction -
Reasons Mr Murray-Smith, for the appellant, appeared before me today via telephone to argue his application for an order for costs and expenses against the council in accordance with his emailed written submissions of 16/07/23. The council responded to the application in writing on 11/08/23 but it did not attend the hearing.
I reserved my decision.
The council opposes the application but it does not in its response deal specifically with any of the points raised by Mr Murray-Smith.
The decision of the adjudicator in Davy Duthieuw v London Borough of Ealing (2220486482) is not binding on any other adjudicator but no adjudicator so far as I am aware has declined to follow it.
I agree with Mr Murray-Smith that had the council at the appeal hearing sought to raise a new point in support of its case as to the certification of this camera then that would have been a proper basis upon which to contest the appeal but it did not do so the council appearing to misunderstand the applicable law.
I have concluded on the basis of Mr Murray-Smith's arguments that the council did act wholly unreasonably in contesting this appeal. I accordinlgy allow the application and award the sum sought.

This post has been edited by Schofeldt: Wed, 6 Dec 2023 - 13:31


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Mon, 15 Jan 2024 - 16:04
Post #15


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



Havering chose to not contest: 2230533614. £95 awarded. They have now fixed their paperwork.


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post
Schofeldt
post Fri, 19 Jan 2024 - 13:55
Post #16


Member


Group: Members
Posts: 2,459
Joined: 14 Apr 2022
Member No.: 116,298



Mrs R Modi v London Borough of Merton Case no 223046581A

The council said this:

The Council are opposing the appellants application for costs on the basis
that while there is provision in law for costs to be awarded in respect of
legitimate expenses incurred by a motorist, the appellant is seeking to impose
their own schedule of fees on the London Borough of Merton for appealing to
an adjudicator.

The London Local Authorities Act (1996) sets out a statutory avenue of appeal
for a motorist, culminating in an appeal to an independent adjudicator,
however this act of parliament does not make provision for an appellant to
seek to recharge an issuing authority for their time in preparing an appeal.
The Council are satisfied that the Penalty Charge Notice was correctly issued
and that neither the signage nor lines at the location have mislead motorists in
any way.

In addition, the Council note that the appeal case had been rescheduled to be
heard on 18/12/2023. Whilst the Council became aware that it had been
requested for the case to be heard on the original date of 20/11/2023, the first
notification we received advising that this had been agreed was from Mr
Morgan on Saturday 18/11/2023 who was representing the Appellant. We
then notified Mr Morgan on Monday 20/11/2023 that we would not be
attending the hearing. No notification was received from London Tribunals
confirming with the Council that the hearing date had been rescheduled again
to the original date of 20/11/2023.

The Council do not believe that they have acted frivolously, vexatiously, or
wholly unreasonable when contesting the appeal and therefore ask that the
appellants application for costs be refused.

Ms Paget
Parking Services


The adjudicator said this:

ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993, as amended and Regulation 17 of the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022.
Case Details
Case reference 223046581A
Appellant Reena Modi
Authority London Borough of Merton
VRM DN67 XSA
Decision Cost award allowed
PCN Details
PCN MT86832023
Contravention date 14 Apr 2023
Contravention time 09:59:00
Contravention location The Broadway
Penalty amount GBP 130.00
Contravention Being in a bus lane
Referral date
Decision Date 20 Nov 2023
Adjudicator Henry Michael Greenslade
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons At this scheduled personal hearing the Appellant was represented by Mr Philip Morgan, who attended in person, and by the driver Mr Dinesh Modi, who attended by telephone.
The Enforcement Authority did not attend and were not represented, either in person or by telephone.
A contravention can occur if a vehicle is in a bus lane during operational hours, other than as permitted or exempted.
This Penalty Charge Notice was issued under Section 4 of the London Local Authorities Act 1996.
Paragraph 7 in Schedule 1 to the Act provides that nothing in sub-paragraph (1) or (4) [record produced by a prescribed device] above makes a document admissible as evidence in proceedings under paragraph 6 above unless a copy of it has not less than 7 days before the hearing, been served on the appellant; and nothing in those paragraphs makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or within such further time as the traffic adjudicator may in special circumstances allow, serves a notice on the council requiring attendance at the hearing or trial of the person who signed the document.
The Appellant received the Enforcement Authority’s evidence on 14 November 2023 and on that day by email to the Enforcement Authority at PCN.debt@merton.gov.uk, and copied to the Tribunal, required the attendance of the Enforcement Authority’s officers Miss Lee and Mrs S P Matheou, who certified the device.
At 07:56 today, 20 November 2023, the Enforcement Authority indicated by email to the Appellant and the Tribunal that it would not be attending.
The Enforcement Authority therefore cannot reply upon the evidence produced by a prescribed device. That is the basis upon which this Penalty Charge Notice was issued.
Accordingly, this appeal must therefore be allowed.
Cost Details
Application by Appellant
Decision date 18 Jan 2024
Adjudicator Henry Michael Greenslade
Decision Cost award allowed
Direction -
Reasons
At this scheduled personal costs hearing the Appellant was represented by Mr Morgan, attended in person.

The Enforcement Authority did not attend and were not represented.

This is an application on behalf of the Appellant for costs in the sum of £85.50.

Regulation 12(1) of the Road Traffic (Parking Adjudicators) (London) Regulations, being those that apply to this type of Penalty Charge Notice, provides that the adjudicator shall not normally make an order awarding costs and expenses against any party. The Adjudicator can only make such an award if he is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or against the local authority, where it considers that the disputed decision was wholly unreasonable.

I allowed the original appeal because the Appellant had served notice under Paragraph 7(6) in Schedule 1 to the London Local Authorities Act 1996 requiring attendance at the hearing or trial of the person who signed the document relating to the record produced by a prescribed device upon which evidence the Enforcement Authority sough to reply as evidence of the contravention, but no such person attended.

The Enforcement Authority had indicated that they would not be attending and submit that the date of the hearing was changed but the evidence shows notice was served on the Enforcement Authority by email dated 14 November 2023. The original hearing was scheduled for 20 November 2023 and thus the notice was well within the three-day prescribed.

The Enforcement Authority replied to the Appellant that they would not attend the hearing unless directed by the Adjudicator. This is not what is provided by the 1996 Act.

Mr Morgan submits that if the original appeal had progressed, he would have submitted that the Enforcement Authority were aware that signage was inadequate. That issue would have had to be determined if the Enforcement Authority’s closed circuit television evidence had been admissible.

However, the Enforcement Authority is clearly wrong as to the requirement to attend if it is are served with a Paragraph 7(6) notice.

Considering carefully everything before me I find that by continuing to pursue this appeal, the acted wholly unreasonably within the meaning of the Regulations.

I accept that the Appellant may have spent more time on her appeal but a proportionate amount in total is two hours at the standard civil rate of £19 per hour.

I therefore direct the Enforcement Authority to pay the Appellant the sum of £36.



This post has been edited by Schofeldt: Sun, 21 Jan 2024 - 12:53


--------------------
People, we come and go Memories, they ebb and flow. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

People, we can be kind True love is hard to find. When we fill our lives with emptiness This does not create true happiness. As this is the Dance of Life.

Animals, we kill to eat For many, it’s just a treat. When we fill our lives with arrogance We create a huge imbalance. As this is the Dance of Life.

Our Earth is our Heavenly home God-given to freely roam. When we fill our lives with arrogance We create a huge imbalance As this is the Dance of Life.

One day, we will all be judged This simple truth cannot be fudged. When we carry on so blindly We do not act all so kindly. As this is the Dance of Life.

As Above, and so Below A simple truth to help us grow. When we put aside our egotism We will really find altruism. As this is the Dance of Life.

The Divine lives in all things Manifested in music’s rings. The planets are a testament To the everlasting firmament. As this is the Dance of Life.


It's all in the wrist.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Saturday, 13th April 2024 - 04:13
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here