PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Contravention 21 for vehicle parked in bay before notice
Charlie Moto
post Sun, 1 Mar 2020 - 20:26
Post #1


Member


Group: Members
Posts: 106
Joined: 21 Nov 2010
Member No.: 42,289



Dear FightBack Forums

I've received a Contravention: 21 - Parked in suspended bay in Wandsworth for a motorcycle that was parked in a bay that was not marked for suspension when it was parked.

Where I live in Tooting broadway there is no parking near where I rent a flat, on the high street, so I park my bike on a street 10 mins walk away and I can leave my bike without checking on it or moving it for up to 3 weeks at a time.

Is there any grounds for appeal a contravention 21 if the vehicle was parked there before the counsel put up the signs suspending the bay? As has happened here.

Probably a stupid question but are the counsel not required to take photos of all the vehicles parked in bays they're suspending, before they put up the notices? - You know, in case the owners are overseas and wont be aware that they're car is about to get a 55 quid fine.

Here's the front of the ticket - http://disc7.com/files/ticketFront.jpg
and the back - http://disc7.com/files/ticketBack.jpg


Thanks for your help

Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
6 Pages V  « < 4 5 6  
Start new topic
Replies (100 - 104)
Advertisement
post Sun, 1 Mar 2020 - 20:26
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Charlie Moto
post Mon, 5 Jul 2021 - 08:41
Post #101


Member


Group: Members
Posts: 106
Joined: 21 Nov 2010
Member No.: 42,289



Hi all

Wanted to share some great news about this PCN.

Following the appeal with London Tribunals on Friday have received a confirmation email (attached) that the appeal was successful.

Thanks for your help with this everyone. Was massively helpful, especially CP who wrote up the final appeal and spoke at the hearing.


All the best
Attached File(s)
Attached File  Appeal_redacted.pdf ( 42.18K ) Number of downloads: 26
 
Go to the top of the page
 
+Quote Post
hcandersen
post Mon, 5 Jul 2021 - 09:27
Post #102


Member


Group: Members
Posts: 35,063
Joined: 2 Aug 2008
From: Woking
Member No.: 21,551



I'd curb your enthusiasm for a while if I were you as I can see Wandsworth asking for a review, and IMO quite correctly as I believe that the adj has applied the wrong legal test.

Although it is incumbent upon a driver to check any vehicle left for prolonged periods of time, the question for determination in this case is whether it was reasonable of the Appellant to have left his vehicle for three days without checking it.


Nonsense. Frankly what you or any other motorist might do in the period leading up to a suspension is not relevant, the legal test is whether you caused or permitted your vehicle to be in contravention of the prevailing restriction, in this case a suspension, when it came into effect!

But don't get too concerned because even if the authority were successful at review they would not pursue the penalty, this is one of the unwritten conventions of the game, but they would want clarity about the issue of principle if I know them.
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 5 Jul 2021 - 09:56
Post #103


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (hcandersen @ Mon, 5 Jul 2021 - 10:27) *
I'd curb your enthusiasm for a while if I were you as I can see Wandsworth asking for a review, and IMO quite correctly as I believe that the adj has applied the wrong legal test.

Your belief is incorrect.


--------------------
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
PASTMYBEST
post Mon, 5 Jul 2021 - 09:57
Post #104


Member


Group: Members
Posts: 26,655
Joined: 6 Nov 2014
Member No.: 74,048



I wouldn't worry in the least the adjudicator followed the findings of the only high court case witch is binding HCA like to spout the musings of an appeal court on the issue where provisionally the judges by a split decision said the contravention is one of strict liability

This finding is not binding nor could it be for there was no arguments put to this appeal court on the matter Experienced adjudicator have also with respect decided they do not agree and would not follow a provisional view

No appeal could rightly be allowed because the adjudicator was not wrong in law and was entitled to reach the decision she did


--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
cp8759
post Mon, 5 Jul 2021 - 10:01
Post #105


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



There is also the fact that the Court of Appeal's comments were orbiter, and all they effectively said is that the High Court decision might be overturned in a future case. That is all well and good, but unless and until Humphreys is actually overturned, it remains a binding authority on the tribunal. If an adjudicator disagrees with it, all he can do is allow the appeal and invite the council to take the matter to judicial review. The adjudicator can't over-rule the High Court just because the Court of Appeal might do so.


--------------------
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

6 Pages V  « < 4 5 6
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: Friday, 29th March 2024 - 02:05
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