TFL ticket, The adjudicator keeps adjourning the hearing |
TFL ticket, The adjudicator keeps adjourning the hearing |
Thu, 7 Feb 2019 - 21:01
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#1
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Member Group: Members Posts: 12 Joined: 25 Nov 2018 Member No.: 101,126 |
Hi
Does anyone know if the adjudicator is allowed to adjourn the hearing everytime I raise a point. I went to the first hearing on 2 December 18 and I raised some points but he would not let me speak at all to put my points cross and explain why I raised the points, he then said he will adjourn and I should put my points in writing and send it in so that TFL has the opportunity to respond, I sent a detailed letter with my points of dispute with supporting evidence and I also received a charge certificate asking to pay within 14 days, I then attended second hearing on 3/2/19 and tried to explain my points again the adjudicator not willing to listen to my points and my points that I sent was not sent to TfL and i told him that the yellow box is not according to the diagram authorised by Secretary of State for DfT and he said it does not need to be as it can be as TfL wishes and that he is going to adjourn for another date so TfL can have an opportunity to have a say on my points of dispute. The adjudicator I have found to be very biased towards TfL and very patronising. Anyone has any advice on this matter. |
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Thu, 7 Feb 2019 - 21:01
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Thu, 7 Feb 2019 - 21:14
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#2
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
The adjudicator I have found to be very biased towards TfL and very patronising. Sounds like just following procedure; each party must see the other's evidence/submissions. i told him that the yellow box is not according to the diagram authorised by Secretary of State for DfT and he said it does not need to be as it can be as TfL wishes and he's correct. Is that your only point of appeal? Best post full details of your case and all docs, to see if anything can be salvaged. -------------------- |
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Thu, 7 Feb 2019 - 22:09
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#3
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
+1
The new TSRGDS probably put paid to previous SoS authorisations. As Neil says post up all the docs and we can see if anything can be salvaged. The Charge Certificate needs to be considered against the time line of your appeal. Mick |
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Thu, 7 Feb 2019 - 23:24
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#4
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
What they said.
If either appellant or enforcing authority turn up at a hearing with new submissions, the adjudicator is entitled to postpone the hearing to give the other party time to respond. They are also entitled to rule on those submissions themselves but do run the risk of a review should they do so. Think on it the other way round. You have appealed, received the evidence pack, have all other evidence such as photos and video, turn up on the day to find that TFL have added something else, would you find it unfair not to be given the chance to consider it ? Tell us about the Charge Certificate ??? Dates of that and hearings |
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Fri, 8 Feb 2019 - 00:13
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#5
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
Tell us about the Charge Certificate ??? I then attended second hearing on 3/2/19 and tried to explain my points again the adjudicator not willing to listen to my points and my points that I sent was not sent to TfL TfL were unaware of adjournment it seems. Simple reset if they proceed to OfR. -------------------- |
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Fri, 8 Feb 2019 - 08:32
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#6
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Member Group: Members Posts: 35,064 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Simple reset if they proceed to OfR.
Possibly. But as 2 December was a Sunday, I'm stuck at square 1! OP, to cut to the chase post the case number. Pl do not repeat what you've already posted, just post the case number and do it quickly. |
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Fri, 8 Feb 2019 - 12:44
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#7
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Simple reset if they proceed to OfR. Possibly. But as 2 December was a Sunday, I'm stuck at square 1! OP, to cut to the chase post the case number. Pl do not repeat what you've already posted, just post the case number and do it quickly. And me. A CC served while a case is at adjudication seems to fall full square into unlawful service and a PI, grounds alone to cancel. But we do not have details or much more then a fragmented account so cannot know if this is the case. |
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Fri, 8 Feb 2019 - 22:06
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#8
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Member Group: Members Posts: 12 Joined: 25 Nov 2018 Member No.: 101,126 |
Hi can anyone please tell me how to upload the documents.
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Fri, 8 Feb 2019 - 22:54
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#9
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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Fri, 8 Feb 2019 - 23:48
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#10
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Member Group: Members Posts: 35,064 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Just tell us the case number first, we can then see the official position.
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Sat, 9 Feb 2019 - 00:21
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#11
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Member Group: Members Posts: 12 Joined: 25 Nov 2018 Member No.: 101,126 |
Case number- 2180450147
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Sat, 9 Feb 2019 - 08:47
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#12
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Doesn't look like any decision has been reached or published at least.
Which makes service of a CC even more suspect and potentially beneficial. |
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Sat, 9 Feb 2019 - 09:26
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#13
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Member Group: Members Posts: 35,064 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
OP, go into the adjudication website and see what it says under 'Track my appeal':
https://londontribunals.org.uk |
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Tue, 12 Feb 2019 - 22:58
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#14
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Member Group: Members Posts: 12 Joined: 25 Nov 2018 Member No.: 101,126 |
https://m.imgur.com/gallery/P1cdVch
Hi there, Please see the attached link below for all the documents. https://m.imgur.com/gallery/P1cdVch |
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Tue, 12 Feb 2019 - 22:59
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#15
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Your link doesn't work.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Wed, 13 Feb 2019 - 20:25
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#16
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Member Group: Members Posts: 12 Joined: 25 Nov 2018 Member No.: 101,126 |
You will need to sign in to Imgru.com to view it unless you know another way I can upload it.
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Wed, 13 Feb 2019 - 21:22
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#17
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Member Group: Members Posts: 29,269 Joined: 16 Jan 2008 Member No.: 16,671 |
You will need to sign in to Imgru.com to view it No, you've done something wrong. Try Flickr, if you can decypher the pictorial only buttons and post the BB code for each image into a post here. Or maybe someone can talk you through Imgur. -------------------- |
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Thu, 14 Feb 2019 - 10:26
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#18
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Member Group: Members Posts: 287 Joined: 29 Sep 2016 Member No.: 87,439 |
Tinypic.com
‘Choose file’ - (select your image) ‘Resize: Message board 640x480’ ‘UPLOAD NOW!’ Copy the link ‘IMG Code for Forums & Message Boards’ and paste here. Or this: http://forums.pepipoo.com/index.php?showtopic=36858 This post has been edited by Starworshipper12: Thu, 14 Feb 2019 - 10:40 |
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Fri, 15 Feb 2019 - 20:36
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#19
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
PCN:
Notice of rejection 1&2: Appeal page: Adjournment letter 1: Charge certificate: Adjournment latter 2: maps: Somebody please bump and I'll post the rest -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 15 Feb 2019 - 20:51
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#20
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
Haven't worked through all and obviously not the 68 pages of submissions mentioned.
I suspect that the adjudicator could dispose of many points without asking TFL for their comments on them so perhaps there is something in there relevant. Or maybe just ultra cautious and fair to all. Even if it does not seem that way to you. To me the big one is the Charge Certificate. Given that there was a hearing 15th Dec which I have to assume TFL was aware of, there is no lawful way that a CC could be served on 3rd Jan, timing simply does not allow it. As this is not under TMA2004 there is no Procedural Impropriety ground nor the helpful prescription that an early CC falls full square into the PI ground. Never the less, it is still a demand for payment that is not due and therefore falls into the ground of Penalty Exceeds the Amount due within the circumstances of the case. My concern is that this and possibly other solid points to use are being lost in a morass. |
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