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Nimbus
I have just spoken to NPAS about my request for a postal decision which should have been adjudicated upon during the middle of last month.

Seems that they are about to write to me requesting that I attend a personal hearing. I have gone to a great deal of time and trouble researching, gathering evidence and presenting my case in a clear and lucid manner.

I don't really have the time or the inclination to attend a hearing. I’ve already spent more time than is healthy on this. Also, I'm pretty hacked of with the council concerned for dragging me over the coals on what is a no win situation for them (Obsolete broken yellow lines within parking bays, obscured signage and the nail in their coffin, defective Notice of Rejection documentation). Not sure if my reporting this to the local paper and their consequent reportage is instrumental? I'm pretty sure that I'd end up losing my rag and losing my case. How detrimental would it be to my case if I decline a personal hearing? Any comment appreciated!
Teufel
ask them why they want you there ?

the adjudication process is unfair in that you send in your evidence
whcih goes to the council who then send theirs in (after seeing yours)
although you will get this is comes to late to repsond

councils and PAs have used owner evidence to doctor records
to their advantage !

in any case it is still unfair

it may be that yr evidnece and the councils are in such
disagreemnt that an adjudication would be unfair

Art 6 ECHR gives you the rights to a fair hearing which includes
being able to question the evidence against you

ask if you can see their evidence respond by post
to adjudicators questions

otherwise ask that the adjuducator will award costs if you
are successful on a personal hearring

the defective rejection shoudl be a clear win regardless
of the rest of the case
Nimbus
Thanks Teufel,

From what I can gather, the adjudicator has deemed that because of the evidence submitted by both parties it would be in both parties interest to attend a hearing. As I have said, I don’t really have the time to do so.

I have seen the councils evidence bundle to NPAS and as you would expect they contend that they have done no wrong. With respect to the NoR they argue that:

“The Notice of Rejection clearly states that the owner of the vehicle has 28 days to pay the charge or appeal to NPAS”

However it does not state from when or to or from date of service. It merely states:

“You now have 28 days to pay the charge of £60 or Appeal against the decision”


I must assume that the council has started the clock from the date of issue of the Notice of Rejection. Further, the Notice of Rejection fails to warn of the possibility of further financial penalty in the form of ‘costs’. Paragraph 4.(b) of Schedule 6 (RTA 1991) requires that a Notice of Rejection:

“must indicate the nature of a parking adjudicator's power to award costs against any person appealing to him;”

The council argue that the:

“NoR states that an appeal form is enclosed which states the full details of the service. Included on the appeal form are the details concerning the costs that may be awarded. The appeal form explains that costs are not normally awarded. The adjudicator does have the power to award costs if either you or the council are found to have been ‘frivolous, vexatious or wholly unreasonable’."

The council is relying on NPAS Appeal documentation to satisfy Schedule 6.

Not 100% Lukha but still (My opinion) prejudicial. I would appreciate your opinion and could if you permit pm you with the full NoR text for your comment.

I just want this whole sorry episode done and dusted and if I can do it with certainty re defective NtO documentation then that is what I shall concentrate on at adujudication!
Teufel
“You now have 28 days to pay the charge of £60 or Appeal against the decision”

that would start on the day it was written - 100% lukha
100% non-compliant

re the warning on costs - similarlry the law is clear it must
be on the notice of rejection - it isnt - thus non compliant

i cant see a clearer possible case of a non complaint NoR

i sugegst you write again repeating your points
and dismissing the coincils attempts to rebut
and claim costs

maybe the adjudicator wants you there to explain the law to him ?
Nimbus
Have just had a formal confirmation from NPAS, it reads:

“the Adjudicator has given consideration to your case and has directed that this matter be listed for a personal hearing in the interests of both parties and in view of the evidence submitted”

I’m not too happy with the officious tone “has directed” makes it sound as if I don’t have a choice. Nor am I happy that my request for a postal decision has been overturned without any specific reason bar the brief mention above. Has this happened to anyone else, is this usual?

My Appeal and evidence is pretty succinct and to the point, I have concentrated on the law and the councils failure to abide by the law. I took a great deal of time and effort making my Appeal ‘Adjudicator Friendly’ The council on the other hand has not really put forward much of a case, either relying on nonsense from their Highways top honcho dismissing my evidence/representations as ‘irrelevant’ ignoring my representations completely or slating my representations as ‘hypothetical’.

Perhaps I'm wrong, but I can’t help wondering if I have landed a junior adjudicator or worse still a lazy variety of the species that can’t be arsed to do what he’s paid for and make a decision/adjudication on the facts put before him/her.

I intend to write to Caroline Shepherd expressing my concerns and ask that my case be given a full, diligent and carefully considered postal decision.

Ever had that sinking feeling in the pit of your stomach?
BangHead.gif
g_attrill
If you think you don't have any option, then ensure you state that you have been very careful in writing your appeal very carefully, and that if you win then you will be seeking the costs of your attendance, and then perhaps mention how much it will be cost you to attend the appeal.

Gareth
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