London Tribunal Learnings

Below is a repository of what can be learnt from the cases within Case Watch.

Enforcement Authorities can not issue the same PCN for a continuing contravention within 24 hours. As an adjudicator ruled within this case watch.

Realising you made a mistake and correcting the contravention is a credible ground as it was found out within this case watch.

A continuing contravention is seen as a credible mitigating circumstances as it was found out within this case watch.

Within this case watch. the adjudicator found still photos alone are not enough, CCTV footage is essential to a fair appeal. [Other examples: case watch 1 | case watch 2 | case watch 3]

This case watch is one of many examples of how enforcement authorities will stop at nothing to make some money. The appellant explained to the council how they had to use the bus lane to avoid an accident…and yet they rejected all the way.

You may be thinking what is a test of reasonable prominence…this case watch. explains the adjudicators take on it.

If you were forced to stop in a yellow junction box which was out of your control then you may have a chance to win, just like in this case watch.

If the sign was not clear and the evidence the Enforcement Authority suggests that, then you have a good case. As found out within this case watch.

Another good example of a win due to poor signage is this case watch.

Whether you were guilty or not does not matter. If the Enforcement Authority has made a clear impropriety (i.e. early issue of a charge certificate), you will win. Just like in this case watch.

Within this case watch. the adjudicator overturned a previous decision of rejection, purely due to the fact that the Enforcement Authority issued an early charge certificate which was missed in the original hearing.

Enforcement Authorities may try to make you liable for another contravention if they realised they charged you with the wrong one. Just like they did within this case watch.…but failed.

If your view was obstructed of a sign that you failed to comply with, and it can be seen from the CCTV footage, then you have a chance to win, just like in this case watch.

Keep an eye out as to why you have been given a Penalty Charge Notice (PCN). This case watch. is a great example of an adjudicator outlining parking is not the same as stopping.

Ensure the EA has considered all appeal points you made. Within this case watch, the adjudicator allowed the appeal purely because the EA did not consider all appeal points.

Likewise within these case watched [Case Watch 1 | Case Watch 2 | Case Watch 3]

Private Hire’s are not allowed to use the bus lane during restrictions. However, they are allowed to use the bus lane during restricted hours to pick up passengers. As outlined within this case watch.

Road markings and signs must be of an adequate standard. They will form the main part of Enforcement Authorities evidence against you. If they are not clear, you have a chance to win, just like this case watch.

Enforcement Authorities (EA) cannot enforce a Penalty Charge Notice (PCN) if the contravention written on the PCN does not match the actual contravention that took place at the time. For example, if at the time you got caught doing a no-right turn contravention and all the signs and markings represented that, but the PCN states you did a No-Entry contravention, then the EA cannot enforce the PCN. A perfect example within this case watch.

Enforcement Authorities (EA) must prove that a contravention occurred. CCTV footage is a crucial part. However, if the footage does not show you clearly carrying out the alleged contravention, then it wont hold. Just like this case watch.

Enforcement Authorities (EA) must give sufficient warning before they enforce planned suspensions. As found out about within this case watch.

Enforcement Authorities (EA) need to prove that single yellow line restrictions were clearly communicated to drivers at the time of contravention – like it was found within this case watch.

Carrying out a contravention due to the direction of the police can be allowed, just like within this case watch.

At the time of the contravention the signage must be adequate, as found out within these case watched [Case Watch 1 | Case Watch 2 | Case Watch 3]

For contraventions where vehicles exceed the maximum weight Enforcement Authorities must provide evidence from DVLA to prove this as found out within these case watch [Case Watch 1 | Case Watch 2]

Within this case watch, the Enforcement Authority did not make the appellant aware of all Terms and Conditions with the use of a permit, which lead to a Penalty Charge Notice.

In other words suspension signs must not be confusing and should be clear. As found out within this case watch, the law in relation to an ambiguity is that it cannot be enforced against the party it disadvantages.