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3x tickets for Contravention 21 - Bay suspended
GF23
post Wed, 16 Oct 2019 - 14:08
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I went out to my car this morning for the first time in around 5 days and find three tickets affixed to my windscreen, stating I had parked in a suspended bay. First things first I wasn't given any notice of this, though I'm not sure how notice is supposed to be given. I was on holiday up until the 7th of October so perhaps the sign itself was notice. However, I parked here simply because I thought the sign applied to the space directly in front of where it was affixed, and not where I had parked. Since there was another car in the same bay behind me, but none in the spaces in front, I assumed it was okay to park where I had.

Do I have a chance at appealing these tickets?






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post Wed, 16 Oct 2019 - 14:08
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Mad Mick V
post Thu, 13 Feb 2020 - 08:51
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The protocol is that a third party contractor cannot take the final decision to reject an appeal. The famous Fosbeary case states "public law duties cannot be delegated to any outside contractor which is not itself a public authority".

This means that you need a NOR from the Enforcement Authority (the Council) not NSL.

To get round this Councils locate an official in the outsourcing company and they sign off the NOR. Hasn't happened in your case so the NORs are nullities and cannot be used for enforcement purposes. I would ask the adjudicator to judge them so under the procedural impropriety regulation.

Mick


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GF23
post Thu, 13 Feb 2020 - 16:50
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QUOTE (Mad Mick V @ Thu, 13 Feb 2020 - 08:51) *
The protocol is that a third party contractor cannot take the final decision to reject an appeal. The famous Fosbeary case states "public law duties cannot be delegated to any outside contractor which is not itself a public authority".

This means that you need a NOR from the Enforcement Authority (the Council) not NSL.

To get round this Councils locate an official in the outsourcing company and they sign off the NOR. Hasn't happened in your case so the NORs are nullities and cannot be used for enforcement purposes. I would ask the adjudicator to judge them so under the procedural impropriety regulation.

Mick


In addition to the procedural impropriety that I have already claimed for the original continuous contravention?
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Mad Mick V
post Thu, 13 Feb 2020 - 17:06
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Yes, you can have more than one PI, for different reasons.

Mick
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GF23
post Sat, 21 Mar 2020 - 01:31
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Forgot to update this. The council dropped the case. After my submissions on all of the above points.

Thanks for all the help guys, you deserve medals for the work you do.

Stay safe.

This post has been edited by GF23: Sat, 21 Mar 2020 - 01:32
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Incandescent
post Sat, 21 Mar 2020 - 10:57
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QUOTE (GF23 @ Sat, 21 Mar 2020 - 01:31) *
Forgot to update this. The council dropped the case. After my submissions on all of the above points.

Thanks for all the help guys, you deserve medals for the work you do.

Stay safe.

Well, I've kept my father's medals !
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