Adjudicator refused PCN appeal, Adjudicator refused PCN appeal Options

[PCN fines]

Hi,
Hope someone can give advice.
A colleague of mine appealed to TfL and tribunal but both failed and adjudicator refused to

One of the points raised was the (will/may flaw on the Notice of Rejection, they say that if you don't pay the charge certificate, they will apply for a County Court Order to enforce payment.)
And also the date of notice and date of service flaw.


Thanks

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[hcandersen]

It is a pity that the losing appeals don't get the same prominence as successful ones.

Yes, every case turns on it's own facts but this is the second recent example where this issue has been binned by the adj.

Anyway, your friend's options are to suck it up and pay or request a review of the decision.

We cannot advise unless we see the full decision.

So, case number please.

[PCN fines]

Case reference: 2190158491
I tried to upload the letters but don’t know how to. Thanks

[Neil B]

And also the date of notice and date of service flaw.

There was none.

This the danger of 'lifting' info, possibly from here, and misapplying it.

[hcandersen]

Pay and move on.

[PCN fines]

Was it not right for them to raise these points.

[DancingDad]

Was it not right for them to raise these points.

There is no mention of the will/may issue in the decision.
There is detail on the date issue.
Enough to show that the issue was lifted from a moving traffic case.
Which comes under different legislation and uses differing timings.

[PCN fines]

Please the decision letter and the notice of rejection.

She mentioned the will/may part but the adjudicator was asking her if she received the charge certificate and where she got that from and questioning if she or someone else been giving her advice. You will see on the decision letter he mentions no charge certificate was issued in these proceedings.

Are you saying that they are allowed to use different wording on parking and moving traffic,

[DancingDad]

............Are you saying that they are allowed to use different wording on parking and moving traffic,

Yes
They each come under different legislation.
Similar but not exactly the same.

[Neil B]

In relation to what you're talking about, the charge cert, the wording in the two different pieces of legislation is identical.
The issue was she got the point all wrong.

and where she got that from and questioning if she or someone else been giving her advice.

I'm asking too !

This post has been edited by Neil B: Sun, 16 Jun 2019 - 11:45

[PASTMYBEST]

Shame if the signs are still as GSV this was winnable. and the statement re where they get their authorisation for traffic signs from is pants could have won on that alone

A lesson learned. talk to us

[PCN fines]

Sorry to be pain but what do you mean by “Shame if the signs are still as GSV this was winnable. and the statement re where they get their authorisation for traffic signs from is pants could have won on that alone” so that I can explain and know for my reference.

Thanks

[hcandersen]

It looks as if PMB has found what could have been a winning argument regarding misplaced etc. sgns.

But it is too late. This argument wasn't advanced nor evidence produced which would have allowed the adj to allow the appeal.

C'est la vie.

We're here should our help be required in the future.

Pay the penalty.