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Daz Clayton
Hello again peps

Father in law forgot to display his time clock with the correct time, its his first time and hopefully his last, but its not the first time for the monster in law who fell foul of the same reasons in 2011, as can be seen here http://forums.pepipoo.com/index.php?showtopic=58718 same place an all lol.

anyway tried to get the ticket cancelled at the earliest but it seems we've heard the spiel before about we cannot reverse a decision. anyway here are the correspondence up to now.

Dear Parking Services,

I am in receipt of a penalty charge notice TM, car registration CM,

I believe the contravention did not occur as i am a blue badge holder and as far as I was aware it was displayed.

Please could you provide me with full disclosure of all evidence relating to this PCN. This includes CEO notes, all photographs and the relevant Traffic Regulation Order for the location, including all amendments and schedules so i may make my informal representations. Copies in electronic format by email will be more then suitable.

thank you for you time.

Dear Mr Smith,



Re: Notice of rejection – Traffic Management Act 2004

PCN No : TM

Date Issued : 22/05/2013 12:11:46

Location of Contravention : GREENFIELD STREET, HYDE



I have received your challenge dated 22/05/2013 to the above Penalty Charge Notice and after careful considerations of the circumstances have found no grounds for the cancellation of the charge.


Although you were clearly displaying your disabled badge and disc (clock) your clock was set incorrectly. When parking on yellow lines or where there is a time limit for parking in the space (as shown on the local signs), the blue parking disc (clock) must also be displayed showing the time that you arrive.



Please refer to the Blue Badge Scheme booklet on page 10 which states:



“In England and Wales, when you park on yellow lines or another place where there is a time restriction, you need to display the blue parking disc to show your time of arrival. The disc should be sent to you together with your Blue Badge. If not, you can get a disc from the same authority which issued your badge.



If you need to use a parking disc-/clock, you must display the disc on the vehicle’s dashboard or facia panel, so that the time can be seen clearly through the front windscreen. If there is no dashboard or facia panel in your vehicle, you must still display it in place where it can be clearly read from outside of the vehicle. You do not need to display a parking disc/clock when visiting Scotland.”



It is the responsibility of the driver of the vehicle to make sure the disabled badge and disc (clock) are displayed in the correct manner. As the disc (clock) was set ahead of time the Penalty Charge Notice was correctly issued and remains valid and payable.



Please find attached the relevant traffic regulation order for the Disabled Bay.



You can still take advantage of the discounted charge of £35.00 if you pay within 14 days from 24/05/2013.



If payment is not received by 07/06/2013 a “Notice to Owner” will be sent to the owner / keeper of the vehicle as registered with the DVLA. At this stage the discounted fee will no longer apply and the Penalty Charge Notice escalate to full charge of £70. The Notice to Owner will not be sent to the driver. If you are the driver but not the owner, and you still wish to make formal representations, you are advised to contact the owner who can respond to the Notice accordingly.



If this Council rejects the representations to the “Notice to Owner”, a notice of rejection will be sent with details of the appeal procedure. You cannot appeal to the Independent Parking Adjudicator until the “Notice to Owner” has been issued and formal representations rejected.



Please note that the discounted charge will no longer be available after 14 days and the charge will return to the original £70 if payment is not received within the period.



Yours sincerely,



Sue Marlborough

Regulation, Enforcement and Technical Support Officer

Parking Services

TMBC

Wellington Road

Ashton under Lyne

Tameside

OL6 6DL

Tel: 0161 342 2005





Dear Mrs Marlborough

Thank you for your reply.

I have looked through the details you have provided, the pictures you supplied are barely visible and i am unable to make out the time on the timeclock, if the time was wrong it was put on in haste as i was collecting my wife from the chemist to get her medication, and was only a matter of minutes.

This is a first for me as i normally always display the correct time when parked in a disabled bay and was in a rush and must have forgotten, unfortunately its not a first for my wife mrs smith who did the same thing in January 2011, please see PCN TM and after much deliberation and quoting of the road traffic management act, found that her PCN was unlawful as there was no legal requirement to display a time clock, just a disabled badge, her PCN was withdrawn by the council and i have attached a copy of that letter to this email.

It was exactly the same offence in the same place of greenfield street.

Therefore i still state the contravention did not occur, as my disabled badge was displayed, and there is no legal requirement for me to display a time clock.

I can assure you this mere oversight of my clock being incorrect should not happen again, and thank you for pointing out the mistake.

I look forward to your response

Kindest Regards




Dear Mr Smith,



Re: Notice of rejection of “challenge” – Traffic Management Act 2004

PCN No: TM

Date Issued: 22/05/2013 12:11:46

Location of Contravention : GREENFIELD STREET, HYDE



I refer to your recent correspondence in conjunction with the above Penalty Charge Notice. I note this is the second challenge you have made prior to the Notice to Owner being sent out to yourself.



After careful consideration of the facts that you presented on your original letter, we were unable to waive the Penalty Charge Notice that had been issued.



Whilst your further comments have been noted, the restriction plate for this disabled bay clearly states that parking for disabled badge holders is limited to 3 hours therefore, a parking disc (clock) needs to be displayed at the time of arrival.



Please refer to the blue badge scheme booklet on page 10 which states:






The challenge you have made up to this point has been “informal” and only becomes “formal” when a Notice to Owner is sent to the owner of the vehicle with details of how to make a “formal” challenge.



The Notice to Owner is issued after 28days from the Issue date of the Penalty Charge Notice.



May I inform you that at the Notice to Owner stage the discounted fee will no longer be available and the original full charge of £70.00 will become payable.



Should you decide to take advantage of the discounted fee of £35.00 this will be available if paid before 08/06/2013.



Once a decision is made prior to the Notice to Owner we are unable to change the outcome. This would technically mean the first decision was incorrect which would be unfair. All our decisions are audited and must be consistent in lines with the legislation.



I trust you find this information useful



Please find attached to this email the relevant Traffic Regulation Order.



Yours sincerely



Sue Marlborough

Regulation, Enforcement and Technical Support Officer

Parking Services

TMBC

Wellington Road

Ashton under Lyne

Tameside

OL6 6DL

Tel: 0161 342 2005

Dear Mrs Marlborough

Thank you for your reply,

Please state where it says that parking authorities cannot reverse a decision at any time and cancel a ticket?? as far as i am aware parking authorities must take into consideration any formal and informal representations and can cancel a ticket at any time in the process before and after a notice to owner has been issued.

I will wait for the notice to owner and submit my formal representations for considerations, i was merely trying to resolve this matter at the earliest opportunity as to not waste my time and yours by submitting my facts now and not wait for tribunal.

If your next response is the same as the last and you would like to proceed with enforcing the ticket then I have no alternative but to seek reasonable costs for my time and materials used to fight this ticket now and at the tribunal.

I trust my information is sufficient enough to cancel the ticket at this moment in time, if you still think my informal representations are wrong and the council is right then please state on what grounds you disagree with my evidence. if you are unsure I suggest you contact your solicitors to clarify what the law states on such matters, like you did the last time.

I trust you will take this letter seriously and not reply with a generic response with a blue badge scheme booklet extract, which is not in the RTO, and is not traffic law, only a guideline, but reply with facts from the TRO that i have contravened a traffic law by not displaying a time clock.

I look forward to your reply on this matter and hope it will resolved at the earliest opportunity.

Kindest Regards

refer to your recent correspondence in conjunction with the above Penalty Charge Notice. I note this is the second challenge you have made prior to the Notice to Owner being sent out to yourself.

After careful consideration of the facts that you presented on your original letter, we were unable to waive the Penalty Charge Notice that had been issued.



There is a legal process that has to be adhered to the next progression of the case is to apply to the DVLA for the registered owner of the vehicle. Once this has been received, the Notice to Owner will then be sent to the owner of the vehicle who may then wish to appeal formally.



The challenge you have made up to this point has been “informal” and only becomes “formal” when a Notice to Owner is sent to the owner of the vehicle with details of how to make a “formal” challenge.



The Notice to Owner is issued after 28 days from the Issue date of the Penalty Charge Notice.



Once a decision is made prior to the Notice to Owner we are unable to change the outcome. This would technically mean the first decision was incorrect which would be unfair. All our decisions are audited and must be consistent in lines with the legislation.



I trust you find this information useful



Yours sincerely





Sue Marlborough

Regulation, Enforcement and Technical Support Officer

Parking Services

TMBC

Wellington Road

Ashton under Lyne

Tameside

OL6 6DL

Tel: 0161 342 2005

NTO






Hippocrates
The sign is wrong: wheelchair facing the wrong way, non-permitted variant. Arguably, regulation 3(3)(e) is missing on the NtO from the Appeals Regulations

(e)in general terms, the form and manner in which an appeal may be made.

http://www.legislation.gov.uk/uksi/2007/34...gulation/3/made
Incandescent
Has the TRO been amended to demand a time clock since your wife's case ? If not, no offence has been committed and they're bluffing their way. Anyway, issuing a NTO means it will all be tested at TPT.
Daz Clayton
thanks matey, i also noticed there is no name on the NTO just the address, is there supposed to be a name on it?

QUOTE (Incandescent @ Tue, 2 Jul 2013 - 20:05) *
Has the TRO been amended to demand a time clock since your wife's case ? If not, no offence has been committed and they're bluffing their way. Anyway, issuing a NTO means it will all be tested at TPT.


i've attached the TRO for that area, its not been amended since 2007 therefore i would have thought the TRO is invalid.
hcandersen
With respect, I (and I suspect others) will lose the will to live before I get to the end of your first post.

Can we agree to distil it to its (pre-NTO) essence?

A traffic sign does not create a restriction, it merely conveys it. Therefore this comment from the council is nonsense:

QUOTE
Whilst your further comments have been noted, the restriction plate for this disabled bay clearly states that parking for disabled badge holders is limited to 3 hours therefore, a parking disc (clock) needs to be displayed at the time of arrival.


Whether a parking disc needs to be displayed is a matter for the traffic order.

Would you please extract from the order (which unfortunately is not included in the TPT library) and post only those matters which relate to this disabled bay.
Daz Clayton
QUOTE (hcandersen @ Tue, 2 Jul 2013 - 21:21) *
With respect, I (and I suspect others) will lose the will to live before I get to the end of your first post.

Can we agree to distil it to its (pre-NTO) essence?

A traffic sign does not create a restriction, it merely conveys it. Therefore this comment from the council is nonsense:

QUOTE
Whilst your further comments have been noted, the restriction plate for this disabled bay clearly states that parking for disabled badge holders is limited to 3 hours therefore, a parking disc (clock) needs to be displayed at the time of arrival.


Whether a parking disc needs to be displayed is a matter for the traffic order.

Would you please extract from the order (which unfortunately is not included in the TPT library) and post only those matters which relate to this disabled bay.


sorry about the first post, i wanted to get in as much info as possible. normally the forum ask for everything including the kitchen sink because normally people don't post enough info happy.gif , but it seems i went a bit overboard so i'll delete the TRO as ive now uploaded the document here.

just want to know what else i should add in my appeal, as obviously trying to communicate with tameside parking services is hard enough as it is, it seems the record over there is stuck and keeps looping the same response back no matter what i ask.
Hippocrates
Surely, their handling of the other case establishes a precedent which they must follow?
Daz Clayton
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 21:54) *
Surely, their handling of the other case establishes a precedent which they must follow?


exactly they have already backed down for the same reasons why this ticket was issued in the past, but are still adamant on proceeding to tribunal. wacko.gif

they say they will take my evidence into consideration but we all know thats a load of pony and trap.
Incandescent
QUOTE (Daz Clayton @ Tue, 2 Jul 2013 - 22:10) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 21:54) *
Surely, their handling of the other case establishes a precedent which they must follow?


exactly they have already backed down for the same reasons why this ticket was issued in the past, but are still adamant on proceeding to tribunal. wacko.gif

they say they will take my evidence into consideration but we all know thats a load of pony and trap.

Well, if they want to take it to TPT, then you have to accept that. Just make sure you have a copy of the relevant TRO in your appeal, plus the previous case (your wife's). Or pay up, or course, but if the discount is gone, you need to take them all the way; there's no point in doing anything else.
Daz Clayton
yes i'm going all the way, just wondering what i should put in my appeal. i don't want to miss anything out.
Hippocrates
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.
Daz Clayton
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:23) *
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.


right so i'll have to pull the old thread up and tweak it to this PCN. practically sending them the same stuff

oh the joys
Hippocrates
QUOTE (Daz Clayton @ Tue, 2 Jul 2013 - 23:31) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:23) *
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.


you've lost me there wacko.gif

Make an official complaint via their procedures stating they are prosecuting/pursuing a case unreasonably when the same arguments were used whenever in the past. This will take time to exhaust their complaints procedures but I would do it. If unresolved, take it to the Local Government Ombudsman. Councils do not like that!
Daz Clayton
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:38) *
QUOTE (Daz Clayton @ Tue, 2 Jul 2013 - 23:31) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:23) *
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.


you've lost me there wacko.gif

Make an official complaint via their procedures stating they are prosecuting/pursuing a case unreasonably when the same arguments were used whenever in the past. This will take time to exhaust their complaints procedures but I would do it.



I'm on it
Hippocrates
Law Seminar Leeds 3 July 2003
This is a transcript of the Seminar proceedings at Leeds derived from a document formerly on the DfT’s website at
http://webarchive.nationalarchives.gov.uk/.../foinpasseminar
*******************
(presentation by) Caroline Sheppard
Adjudication in Action
The Parking Adjudicators function is identical to the council role making a finding of fact
Adjudicating Regulations 1999 binds the Parking Adjudicator who may elect to hold a hearing.
The PA applies the law and determines the appeal accordingly
It is up to the council however to prove:
- The penalty is payable (the contravention actually occurred)
- Who is liable for the payment (Registered keeper? Actual Owner?
The penalty is totally the liability of the owner).
- The mandatory procedure has been followed completely

Section 82 RTA 1991
Presumes the owner is liable, this is however a rebuttable presumption.
A garage owner when repairing a vehicle and left the car on the road, he was not responsible for excess charges. Those penalties remain the sole liability of the owner of the vehicle regardless of ignorance of the contravention.
Collateral Challenges
These do and are a growing trend.
1. Bexley - High Court
The authority had issued penalties for a failure to display a current excise licence in off road car parks. It was decided in the Court that no parking order could be a valid route for the setting up of a penalty for this specific contravention. Local Authority therefore lost it’s case and the authority to levy such a penalty.
Many authorities continue to undertake these actions against the finding / ruling of the High Court.
2. Sect 66 RTA 1991.
PCN not placed on a car. The PCN must be fixed to the vehicle or handed to the driver failure to serve correctly revokes the right to charge.
3. Schedule 6, failure to serve notice on the owner as required. Notices Article 1, Schedule 6 gives the power to a local authority to issue a notice on a person who appears to be the owner of a vehicle subject of a penalty.
Discretion
Regardless of views held by some authorities, the Human Rights Act 1998 strengthens the need for proportionate behaviour by authorities.
The council:
Can and must consider exercising discretion at any stage of the process
The Adjudicator:
Cannot interfere with a properly considered discretion on the basis of the same facts.
Exemptions:
If an exemption applies there has been no contravention,
was the parking authority right to issue the PCN.
The evidential burden is on the appellant - though it is not necessary to undertake this by writing to the parking authority.
Consideration must be given to the question was the matter an exemption or mitigation
Grounds for Appeal
The alleged contravention did not occur
The appellant was not the owner
The order was invalid
The owner was a hire company, the driver signed a contract
Excessive penalty charge levied
Vehicle had been taken without consent.
TRO's and Signing issues
i. Regulation 18 of the 1996 regulations
ii. What if a sign does not comply
iii. What if the line is rubbed away
iv. What if the line does not reflect the TRO
v. What about abolished TRO's
vi. Contravention of the sign
Facts:
TRO's are actually Bylaws
- the old adage 'ignorance is no defence' does not apply to a TRO. (Caroline Sheppard).
De minimis will always fall to the favour of the offender.
Time limited TRO's are non-enforceable as the signing cannot match Regulation 18.
TRO's
i. Who drafted them
ii. Do the articles say what the council actually means
iii. Schedule and map must be included
iv. Amendments - should be correct not hand written
v. Can you read them vi. Has the authority read them It is important to note that the wording must reflect the requirement otherwise the offence cannot be complete.
As the appellant takes the council to appeal, not the other way round, it is up to the authority to get all their orders up to scratch and presentable.
In evidence it is imperative that the offence is fully made up.
Regardless of the decriminalisation of parking, the Ombudsman is far from out of the loop.
A wise appellant will combine appeals to the NPAS with complaint of maladministration to an Ombudsman.
The Parking Adjudicator just deals with the certificate, which means that the Parking Adjudicator may find for the appellant on a matter included within the documentation that was not noted by the motorist.
Such a matter may relate to any other matter included within the documentation resulting from an administrative failure or omission by the local authority.
Authorities should not react adversely to such decisions, the PA has to view the evidence completely and is impartial. It is therefore important the local authority undertake all its functions correctly.

Any hand made amendments to TRO's or incorrect wording will result in immediate finding in favour of the motorist. In a world of word processors it is not acceptable to be provided with hand amended orders.
Civil Court Judgement
Parking penalties levied at Northampton Civil Court cannot by case stated be a CCJ, such a penalty cannot effect the credit rating of the appellant and councils who threaten such actions are wrong in both fact and procedure.
Time Frames
Notice to appeal - 28 days, 3/4 months is not bad. However if the process takes more than 12 months to process by the authority the case will definitely shift in favour of the motorist.
The PAS believe that a statutory 6 month statutory limit should be set.
Costs
Parking Adjudicators will not normally award costs unless the local authority has been clearly unreasonable.
mashkiach
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 21:54) *
Surely, their handling of the other case establishes a precedent which they must follow?

Where a public authority has issued a promise or adopted a practice which represents how it proposes to act in a given area, the law will require the promise or practice to be honored unless there is good reason not to do so” (Nadarajah v Secretary of State)
hcandersen
I cannot find any requirement in the order that you've posted for a disabled person's vehicle to display a "parking disc". What it does state, however, at Article 1(2)(b) is that:

(2) For the purpose of this Order a vehicle shall be regarded as displaying:-

(a) a disabled person’s badge in the relevant position, when:-

(i) in the case of a vehicle fitted with a front windscreen, the badge is exhibited thereon with the obverse side facing forwards on the near side of and immediately behind the windscreen, and

(ii) in the case of a vehicle not fitted with a front windscreen, the badge is exhibited in a conspicuous position on the front or near side of the vehicle, and

(b) a parking disc in the relevant position, when the disc is exhibited thereon with the side which shows the time facing forwards or outwards and immediately behind the windscreen or side window nearest to the kerb.


Jolly good, so when you then find the Article which requires the display of a disc, this tells you how that is to be done. But it doesn't tell you it must be done. This should be included within a separate article and/or included as a separate column in the Schedule headed Manner of Standing or similar. But I cannot find any such references.

IMO, contravention did not occur. Or have I missed something?
mashkiach
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:23) *
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.
I have tried it but the ombudsmen refuse to take up a case that the regulations have given the adjudicators as a venue.

It was only when I explained that I was completely deprived of the adjudication venue (tow away with no NoR forthcoming) that they reluctantly took up the case.

This is of course wrong. There many instances when the adjudicators can not even cancel the ticket yet the ombudsmen would find fault with the authority.

Hippocrates
QUOTE (mashkiach @ Thu, 4 Jul 2013 - 17:53) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 23:23) *
Use the parallel route as advised by Ms Sheppard at the Leeds seminar some years ago: lodge an official complaint with council with a view to progressing it to LGO. Tell them to cancel in terms of public law and fairness, justice and consistency. Maladministration.
I have tried it but the ombudsmen refuse to take up a case that the regulations have given the adjudicators as a venue.

It was only when I explained that I was completely deprived of the adjudication venue (tow away with no NoR forthcoming) that they reluctantly took up the case.

This is of course wrong. There many instances when the adjudicators can not even cancel the ticket yet the ombudsmen would find fault with the authority.


The issue is consistency and legitimate expectation vis a vis the council's conduct and concerns not necessarily parking law.
mashkiach
QUOTE (Hippocrates @ Thu, 4 Jul 2013 - 17:59) *
The issue is consistency and legitimate expectation vis a vis the council's conduct and concerns not necessarily parking law.
Yet the ombudsmen do what they want. There is no accountability on the actions of the ombudsmen.
hcandersen
QUOTE (mashkiach @ Wed, 3 Jul 2013 - 12:36) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 21:54) *
Surely, their handling of the other case establishes a precedent which they must follow?

Where a public authority has issued a promise or adopted a practice which represents how it proposes to act in a given area, the law will require the promise or practice to be honored unless there is good reason not to do so” (Nadarajah v Secretary of State)


Do you have a citation number for this?
Hippocrates
QUOTE (hcandersen @ Thu, 4 Jul 2013 - 18:13) *
QUOTE (mashkiach @ Wed, 3 Jul 2013 - 12:36) *
QUOTE (Hippocrates @ Tue, 2 Jul 2013 - 21:54) *
Surely, their handling of the other case establishes a precedent which they must follow?

Where a public authority has issued a promise or adopted a practice which represents how it proposes to act in a given area, the law will require the promise or practice to be honored unless there is good reason not to do so” (Nadarajah v Secretary of State)


Do you have a citation number for this?



2005] EWCA Civ 1363.

And this:

Case Reference: 2130096567
Appellant:
Authority: Camden
VRM: V4CAN
PCN: CU34975896
Contravention Date: 30 Nov 2012
Contravention Time: 10:46
Contravention Location: Chalton Street NW1
Penalty Amount: £130.00
Contravention: In a permit bay without a permit
Decision Date: 03 Jul 2013
Adjudicator: John Lane
Appeal Decision: Allowed
Direction: cancel the Penalty Charge Notice and the Notice to Owner.
Reasons: Mr. attended the hearing, together with Mrs. and Ms. personal assistant.
Mr. satisfied me that he has been parking his vehicle here since 1999.
He told me that to start with on a Friday he would move his vehicle around the corner to avoid this restriction.
On one Friday his plane was delayed whilst he was abroad and he did not return in time to move his vehicle. He did not receive a penalty notice.
He mentioned this to his neighbour, who told Mr. that it was no longer necessary to move the vehicle as penalty notices were not now being issued.
For several years Mr. did not move his vehicle on a Friday.
It came about however that 2-3 years ago he was told by a neighbour to move the vehicle because penalty notices were being issued. Subsequently Mr. was told that there had been so many complaints that no more penalty notices were being issued.
Crucial to my decision is that on a number of occasions and by a number of civil enforcement officers Mr was told that there were no parking restrictions there anymore.
M produced photographs of two separate times on Friday, 19 th April 20134 when he said no penalty notices were issued to the vehicles. I have caused these to be scanned onto the system as evidence.
Mrs told me that she had been told by an officer, albeit after this penalty notice was issued, "You can park here. There is no problem. You are not going to get a ticket."
Ms. said that she had worked for Mr. for 7 ½ years and non-trader vehicles have always parked there.
I believed all three witnesses.
The issue of this appeal is whether the appellant was given authority to do so by way of a positive assertion from the civil enforcement officer acting on behalf of the local authority.
I have to make a decision based upon the evidence available to me and that decision must be on a balance of probabilities. The test is whether the public body has issued a promise or adopted a practice, which represents how it proposes to act. The law requires it to be honoured. It takes its place alongside a fair trial. In the High Court case of Fivepounds.co.uk Mr. Justice Bean stated that a legitimate expectation must be a representation, which may include a regular practice and a course of dealing, whereby a public body may create an expectation from which it would be an abuse of power to resile. The representation must be clear, unambiguous and unqualified.
I am sufficiently persuaded that the appellant was given authority by a number of civil enforcement officers to park where he did
I will therefore allow the appeal.
Daz Clayton
so what should i put in my appeal, as there is a lot to take in huh.gif

I've been working late this week and not been getting in till really late so my head is battered sad.gif

i just seem to have a mental block.

thanks for all your replies guys i really appreciate it.

Hippocrates
All what is written, what you understand and with which you agree. And rehearse what you said last time.
Daz Clayton
do you mean the last time i won??
Hippocrates
Yes.
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