Bexley lose at PATAS due to no certification

[peperami gsxr]

Case Reference:   2110523461
Appellant:   M E Scott
Authority:   Bexley
VRM:   xxx xxx
PCN:   XL80698135
Contravention Date:   05 Jul 2011
Contravention Time:   16:01
Contravention Location:   Blendoon Road
Penalty Amount:   £110.00
Contravention:   Footway parking (one - four wheels on footway)
Decision Date:   07 Dec 2011
Adjudicator:   Anthony Chan
Appeal Decision:   Allowed
Direction:   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons:   The Appellant and the driver Mrs T attended the hearing. In addition to the points taken in the Notice of Appeal, Mrs T also brought up the issue as to whether the camera used in the enforcement action was approved. She said that she discovered the point due to local press interests and through discussions with a local Councillor.

I have to decide whether I should rule on this point without giving the Authority a further opportunity to address it. I have concluded that I should not adjourn the matter. Whether a recording device is approved by the Secretary of State is fundamental to the validity of the PCN. The Authority has in fact provided evidence which it says shows that the device is approved. It is therefore for me to decide whether such evidence is sufficient. If the evidence is insufficient, it would not be just for me to give the Authority the opportunity to put it right, especially as both the Appellant and the witness have appeared and they must have some expectation that the matter will be concluded.

The evidence that the recording device is approved is insufficient to such an extent that one might say that there is no such evidence at all. The evidence came in a statement provided by the camera operator, who says that "the equipment used is as prescribed and in accordance with the London Local Authorities Act 2000 and the Code of Practice approved by London Councils."

Regulation 6 (a) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 provides that a penalty charge shall not be imposed except on the basis of a record produced by an approved device. Section 92 of the Traffic Management Act 2004 provides that an approved device means a device of a description specified in an order made by the appropriate national authority. This is a reference to the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007. The London Local Authorities Act 2000 and the Code of Practice approved by London Councils have no relevance.

This means that there is no evidence to enable me to conclude that the device used was properly approved. The PCN is therefore invalid and I must allow the appeal.

[peperami gsxr]

Shit happens 

(should of got thrown out anyway as there is no road called Blendoon Rd in Bexley)

Now who was it at Bexley Council that said....' Adjudicator's are wrong and need to be educated'

I have to decide whether I should rule on this point without giving the Authority a further opportunity to address it. I have concluded that I should not adjourn the matter.


Edit: Why in this case has the adjudicator not refered to the certificate from the VCA, i quote...

The evidence that the recording device is approved is insufficient to such an extent that one might say that there is no such evidence at all. The evidence came in a statement provided by the camera operator.

Was no certificate (letter from the VCA)  presented as evidence?.....  I will do some more digging.

Cllr Peter Craske and Co...... your move me thinks 

[Nigel W]

This is excellent news. The public are now taking on board what we say and including this information in their own Appeals.

The full details of this adjudication will no doubt come out in the press.

[Ewan Hoosami]

Hopefully it will be on the front page and reach as many people as possible. Unlucky Tina. You've finally found out who is actually 'wrong and needs to be educated.' Jenny, is this what you mean by disrupting your service? Merry christmas.

     

[news shopper martin]

Hopefully it will be on the front page and reach as many people as possible. Unlucky Tina. You've finally found out who is actually 'wrong and needs to be educated.' Jenny, is this what you mean by disrupting your service? Merry christmas.

     

 

what he said ^^^^^

[Tom Tom Str]

 :dancing:  Brilliant!  :dancing:

[Kill Switch]

Excellent, we luv it

[The Bald Eagle]

Dear Tina

If you think it just got bad, you will definitely not like what is going to happen next.

Merry Christmas

Bald Eagle

[seggsy]

Another example of ignorance of the law from the very people supposedly enforcing the law. Why am I not surprised.....

[Kill Switch]

Makes you wonder how these fecking incompetents get these jobs in the first place 

[Pat Pending]

Well Bexley you seem to be in a bit of a pickle. Get ready for the Fall Out Bexley this is just the tip of the Iceberg.
 :dancing: :dancing: :dancing: :dancing: :dancing: :dancing:

[Ewan Hoosami]

For Sale
Two smart cars and two Toyota IQs. One irresponsible owner from new. Genuine low mileage. Full service history. Large hole in centre of roof on all cars but otherwise all in good condition. No reasonable offer refused. email Tina at parking.services@bexley.gov.uk.

 

[Esinem]

'Tis the season to be jolly! Ho, ho, ho!
That should be Bend-doon-and-get-shafted Road, surely? :-D

[jonesy]

I thought there was only one Christmas either that it's come early this year

[Pat Pending]

Now is this spooky or what?  Re-arrange the following letters or words in to a well known Phrase or saying.


NO CERTIFICATE    ................................................................CREATE FICTION :dancing: