Cost of adjudication, to councils. Options

[Neil B]

For London councils a figure is often bandied about of £30 - £40.

Where does this come from?

Is it a direct fee, payable in each instance?

I suspect it's more likely an estimate based on councils' contribution to provision of the service
vs number of appeals registered.

Can anyone clarify?

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[cp8759]

It's a direct fee paid on a per-case basis. The current level is £30.63 per appeal or £27.02 where the evidence is uploaded electronically, see the London Councils’ TEC Executive Sub-Committee
Draft Revenue Budget and Borough Charges 2018/19 here http://bit.ly/39GIV79

It also has a breakdown for statutory declaration / witness statement cases, LLA 2008 and so on but I've not gone through the whole thing. It also explains how the figures have been calculated.

[phantomcrusader]

Is there not any statutory regulations that regulate the costs or payments?

[cp8759]

Is there not any statutory regulations that regulate the costs or payments?

There are in general terms but there isn't a regulation that sets the rate of pay of adjudicators or their staff. The financing of the tribunals is determined by London Councils in London and PATROL outside of London. There's no reason for councils to set prices any higher or any lower than the break-even point: if the tribunals are in deficit, the councils need to make up for it anyway, if they make a surplus, it's the council's money that generated the surplus in the first place so there's no net gain.

The various bits and pieces of legislation allow the joint committees (PATROL & London Councils) to appoint adjudicators with the consent of the Lord Chancellor and make provisions for staff & facilities. This is generally regarded as uncontroversial and it's one part of the system that seems to work reasonably well.

[phantomcrusader]

s.81 TMA 2004 seems to set the outline for adjudication costs/payments.

http://www.legislation.gov.uk/ukpga/2004/18/section/81

paras 4 and 9 in particular.

[cp8759]

That's only for TMA 2004 expenses, the London tribunal also deals with the LLA 1996, LLA 2003 and LLA 2008, which all have similar provisions. Plus the littering regulations, the road user charging regs and so on.

[phantomcrusader]

That's only for TMA 2004 expenses, the London tribunal also deals with the LLA 1996, LLA 2003 and LLA 2008, which all have similar provisions. Plus the littering regulations, the road user charging regs and so on.

True. The majority of appeals on here are TMA 2004 related though. So this applies

(9)The expenses of the relevant enforcement authorities under this section shall be defrayed by them in such proportions—

(a)as they may decide, or

(b)in default of a decision by them, as may be determined in accordance with regulations made—

(i)by the Secretary of State, or

(ii)if the functions of those authorities are discharged separately for Wales, by the appropriate national authority.

So where (and how) are the proportions decided by the the enforcement authority, or determined by the sec of state or in wales, the national authority?

This post has been edited by phantomcrusader: Sat, 4 Jan 2020 - 23:22

[cp8759]

True. The majority of appeals on here are TMA 2004 related though. So this applies

Sure, but the thread is specifically about London Tribunals and I think maybe 50% or thereabouts of London PCNs we see on here are not TMA 2004.

So where (and how) are the proportions decided by the the enforcement authority, or determined by the sec of state or in wales, the national authority?

Somewhere on here I imagine https://www.patrol-uk.info/publications/

This post has been edited by cp8759: Sat, 4 Jan 2020 - 23:28

[phantomcrusader]

True. The majority of appeals on here are TMA 2004 related though. So this applies

Sure, but the thread is specifically about London Tribunals and I think maybe 50% or thereabouts of London PCNs we see on here are not TMA 2004.

So where (and how) are the proportions decided by the the enforcement authority, or determined by the sec of state or in wales, the national authority?

Somewhere on here I imagine https://www.patrol-uk.info/publications/

Possibly but none of us know for certain. We should not have to guess and research though. It should be made crystal clear and publicised by councils. There's no excuse for not doing so.

[Korting]

I'd love to know the cost to Councils for sending out rejection letters and preparing evidence files. Someone is being paid to do this, plus the cost of office materials, it must add up to quite a bit.

[Jlc]

Not forgetting this with the BPA...

[PASTMYBEST]

RTA 1991 s 73 gives the basis but I'm not going through all the amendments

[Neil B]

Thanks all.

[cp8759]

I'd love to know the cost to Councils for sending out rejection letters and preparing evidence files. Someone is being paid to do this, plus the cost of office materials, it must add up to quite a bit.

So make a FOI request, that's what it's for.

Possibly but none of us know for certain. We should not have to guess and research though. It should be made crystal clear and publicised by councils. There's no excuse for not doing so.

I don't see why councils should expend resources making an infographics on this. I wanted to know the data for London Councils and I had no difficulty in finding the information. If you're that bothered, I'm sure PATROL would point you in the right direction.