Blackburn Suspended Parking Bay Options

[MHU]

Hi

I was parked in a bay with a pay and display ticket and back within the time frame. but i did not notice that it had been suspended.

The suspension only came in today at 08:30 and i have parked here before so did not realise it was suspended until after i came back and saw the ticket

The bus was not there when i parked, but was on my return.

Can i do anything to appeal this?

mages - tinypic no longer works .. so is there a better way of getting these up?

https://imgur.com/a/SIls2R3

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[PASTMYBEST]

sorry forgive me for my ignorance, so lodge the apeal, on the 500 words bit just state full submission to follow.

Then at what point is the evidence submitted?

About 3 weeks from you getting confirmation your appeal is registered

[cp8759]

sorry forgive me for my ignorance, so lodge the apeal, on the 500 words bit just state full submission to follow.

Yes

Then at what point is the evidence submitted?

If the council contests the case, we can draft an appeal, if it doesn't, you don't need to do a thing and you will win automatically.

If you want to go for a telephone hearing, I'll be happy to represent you if you want.

Notes for later if needed:
1) The council states there was a sign on the machine, but the photos show there was no such sign. This is the introduction of a non-existent fact into the consideration of representations, contrary to Claire Turner v London Borough of Merton (2180487500, 14 January 2019)

2) A weak but still arguable Shelley Sinclair v Lewisham point can be made.

The last page you've uploaded seems cut off, is there another page?

[Incandescent]

This is the introduction of a non-existent fact into the consideration of representations, contrary to Claire Turner v London Borough of Merton (2180487500, 14 January 2019)

If presented at adjudication does this get into the realm of Contempt of Court ?

[MHU]

sorry forgive me for my ignorance, so lodge the apeal, on the 500 words bit just state full submission to follow.

Yes

Then at what point is the evidence submitted?

If the council contests the case, we can draft an appeal, if it doesn't, you don't need to do a thing and you will win automatically.

If you want to go for a telephone hearing, I'll be happy to represent you if you want.

Notes for later if needed:
1) The council states there was a sign on the machine, but the photos show there was no such sign. This is the introduction of a non-existent fact into the consideration of representations, contrary to Claire Turner v London Borough of Merton (2180487500, 14 January 2019)

2) A weak but still arguable Shelley Sinclair v Lewisham point can be made.

The last page you've uploaded seems cut off, is there another page?

Sorry just realised i did not upload the last page, it was just point 5

https://imgur.com/3Er3JHX

Thanks on the telephone hearing. Guessing this will be once the council contest.

sorry forgive me for my ignorance, so lodge the apeal, on the 500 words bit just state full submission to follow.

Then at what point is the evidence submitted?

About 3 weeks from you getting confirmation your appeal is registered

on top of the 8 week break they are taking

[cp8759]

This is the introduction of a non-existent fact into the consideration of representations, contrary to Claire Turner v London Borough of Merton (2180487500, 14 January 2019)

If presented at adjudication does this get into the realm of Contempt of Court ?

No because the author has not signed a statement of truth.

[MHU]

This came in via email a few days ago


AUTHORITY EVIDENCE SUBMITTED: ACTION REQUIRED

Case Number:
Dear ,

The Authority has uploaded its evidence on your case. There are now a couple of actions for you to take:
1. Review the Authority evidence

Please review the evidence the Authority has uploaded. You have 28 days to do this and add your own evidence and comments, should you wish to do so.

Then…

2. Confirm how you wish your case to be decided, by choosing ‘Select decision option’ button

You will have two choices:

‘I would like the Adjudicator to decide my case now’
The appeal will be decided by an independent Traffic Penalty Tribunal Adjudicator online, based on the circumstances of the case and evidence submitted.

or:

‘I would like a Telephone Hearing’
You will have the chance to discuss your case further with a Traffic Penalty Tribunal Adjudicator and the Authority during a Telephone Hearing.

When selecting this option, you will need to tell us about your availability for the hearing. We will then contact you to arrange a suitable date and time.
Use the URL below to log-in to your online case file
and proceed now

https://foam.trafficpenaltytribunal.gov.uk/...83121/evidences

Note: If the above text does not appear as a link, copy and paste it into your web browser to view it
If you do not choose one of the two options shown in the box above within 28 days of this email, a decision will be made on your case online by an Adjudicator, without a Telephone Hearing.

If you have any queries, please do not hesitate to contact us on the number below.

Kind regards,
Due to the ongoing COVID-19 pandemic and its impact on appellants who have received Penalty Charge Notices (PCNs), and the authorities working limitations, the Traffic Penalty Tribunal has taken the decision to put on hold the progression of all appeals activity, including the adjudicator’s decision for each case. This will initially apply for a period of 8 weeks, from Monday 30th March.a

Authorities may continue to complete the usual tasks associated with an appeal if they continue to have access to their own systems. If not, the time to confirm the details of an appeal and provide evidence has been extended to 8 weeks.

However, no hearings will be arranged and no appeals will be decided by the Adjudicators.




The evidences are just the correspondence between us both so far, NtO, Rejection, Reps etc
Picture of the suspension sign on the side of the machine, not on the front.

This post has been edited by MHU: Tue, 2 Jun 2020 - 20:42

[PASTMYBEST]

A few days ago doesn't help us know how long we have to draft an appeal for you

Post all the council evidence.

Put it in a onedrive or google drive folder and link it here

[stamfordman]

I'm surprised they are contesting this - they must have capacity others don't.

CP says he's happy to represent you on a telephone hearing.

[cp8759]

I'm happy to represent you but I need all the council evidence, and also the date of the hearing.

[MHU]

what will be the best way of getting the evidence to you? just image uploads?

The email came in on 26th May, so been just over a week. did not see the email till the weekend

[stamfordman]

Just post the council's summary of the case here - this is usually the first section in the evidence pack. You can email the rest to CP.

[MHU]

The Summary just had this in:

Traffic Penalty Tribunal
DB00031-2004
Mr Salman Dudhwala vs. Blackburn
Case Submitted: April 01, 2020 14:10
Evidence Pack
Appellant Explanation and Authority Summary
Appellant Explanation
Full Submission to follow
Authority Summary
The authority has not provided a summary
Evidence 1
Evidence Type: Case Status Report/System Audit
Published Date: May 12, 2020 12:06
Published By: Authority Manager
Attachment: Case Status Report.pdf
Description:
Evidence 2
Evidence Type: Notebook Notes
Published Date: May 12, 2020 12:06
Published By: Authority Manager
Attachment: CEO Notebook.pdf
Description:
Evidence 3
Evidence Type: Other (fully describe item)
Published Date: May 12, 2020 12:08
Published By: Authority Manager
Attachment: Correspondence History incl Informla
Challenge.pdf
Description: Correspondence History incl Informal Challenge
Evidence 4
Evidence Type: DVLA Return
Published Date: May 12, 2020 12:08
Published By: Authority Manager
Attachment: DVLA.pdf
Description:
Evidence 5
Evidence Type: Formal Representation
Published Date: May 12, 2020 12:08
Published By: Authority Manager
Attachment: Formal Rep.pdf
Description:
Evidence 6
Evidence Type: Challenge Rejection
Published Date: May 12, 2020 12:09
Published By: Authority Manager
Attachment: Informal Rejection.pdf
Description:
Evidence 7
Evidence Type: Replica NtO
Published Date: May 12, 2020 12:10
Published By: Authority Manager
Attachment: Notice to Owner.pdf
Description:
Evidence 8
Evidence Type: Handheld Device Notes
Published Date: May 12, 2020 12:11
Published By: Authority Manager
Attachment: On Street Log.pdf
Description:
Evidence 9
Evidence Type: Other (fully describe item)
Published Date: May 12, 2020 12:11
Published By: Authority Manager
Attachment: Payment History.pdf
Description: Payment History
Evidence 10
Evidence Type: Photographs
Published Date: May 12, 2020 12:12
Published By: Authority Manager
Attachment: Photos.pdf
Description:
Evidence 11
Evidence Type: Notice of Rejection
Published Date: May 12, 2020 12:12
Published By: Authority Manager
Attachment: Rejection of Rep.pdf
Description:
Evidence 12
Evidence Type: Copy PCN (Reg 9, Reg 10, Bus)
Published Date: May 12, 2020 12:13
Published By: Authority Manager
Attachment: Replica PCN.pdf
Description:
Evidence 13
Evidence Type: Other (fully describe item)
Published Date: May 26, 2020 10:31
Published By: Authority Manager
Attachment: Additional photos of the Suspension Signage.pdf
Description: Additional Photos of signage
Evidence 14
Evidence Type: Map
Published Date: May 26, 2020 10:32
Published By: Authority Manager
Attachment: 12. Blakey Moor P&D Bays.pdf
Description:
Evidence 15
Evidence Type: DB008 - BOROUGH OF BLACKBURN WITH
DARWEN (VARIOUS ROADS) (ON-STREET
PARKING PLACES) ORDER 2008
Published Date: May 26, 2020 10:35
Published By: Authority Manager
Description:
Comments:
26/05/20 at 10:36: Authority Manager: Article 13

[Mad Mick V]

@cp8759

You have already commented on the will/may issue so you have that on board.

The other issue I mentioned was the Privacy Notice on the NTO which does not provide the necessary transparency required by GDPR or indeed much of the necessary information. It's not compliant. It mentions the Data Protection Act 1998 which was revoked by the 2018 iteration (Schedule 15).


It must indicate an individuals rights, how long the data is kept and contact details for the DPO or Council Privacy policy for starters.

An adjudicator won't consider this as a ground but the Council could be fined or served an enforcement notice for a duff Privacy Notice by the ICO.

I'll leave it up to you whether to use it or not. Perhaps the OP might like to submit a separate complaint to the ICO.

Mick

[MHU]

@cp8759 Can you let me know about the hearing and how to get this evidence to you

[stamfordman]

There are so many grounds for this one I can't see this failing.

Post this:

Case Status Report.pdf

[MHU]

here it is
https://imgur.com/Xz30sOq

[stamfordman]

I was expecting some kind of direction for the adjudicator but if there is nothing in the pack I guess the adjudicator is supposed to just read the rejection of formal reps and work it out with the other bits.

If I were an adjudicator I'd take a dim view of this given that you will be giving a proper appeal.

[MHU]

Just waiting on CP so i can send him the info

[cp8759]

I've sent you a PM

[cp8759]

Appeal submitted, hearing requested.