PATAS appeal hearing

[diddled]

Trying to help a friend challenge a PCN for performing a prohibited turn issued by one of the London Boroughs.

 

He has lodged an appeal with PATAS and has asked for a personal hearing. My question is - is the Authority required to serve him with its bundle prior to the hearing

[Michael Browne]

Yes, AFAIK they must send you their evidence at least 3 days before the hearing date.

[Michael Browne]

From PATAS Practice Manual for Enforcement Authorities

 

1. SENDING EVIDENCE TO THE APPELLANT
   

 

 

 

1. 
   


1. The EA must send a complete copy of the case papers to the Appellant.
   

 

 

 

 

1. 
   

    

    

    

    

   1. 
      

       

      
      
   2. It is the responsibility of the EA to serve evidence by first class post on the Appellant at their correspondence address, so that it would in the ordinary course of post arrive no later than 4 days before the hearing. Compliance with this requirement means that the Appellant will have advance notice of the EA’s case, and be in a position to decide what evidence to call and submissions to make. Failure to comply with the requirement may result in the appeal being adjourned or allowed on the basis that the Appellant’s right to a fair trial has been prejudiced.
      
   
   
2. The EA must provide to both PATAS and the Appellant evidence of an identical quality. It is not acceptable to send black and white photographs to the Appellant when colour photographs have been sent to the Tribunal.
   

[diddled]

Thanks Michael

What would the evidence be likely to consist of.?

 

The last correspondence my friend received from the LA acknowledged that he had lodged an appeal with PATAS. The letter goes on to say "the council will be in touch with you nearer the time of the hearing to ensure that any evidence that needs to be provided to you is done so"

His hearing is imminent, and he has asked for an adjournment as he cant properly prepare his defence . He hasnt received anything else from LA and additional evidence he asked to be provided with over 2 months ago hasnt been forthcoming.

Edited February 20, 2013 by diddled

[Michael Browne]

See page 17 here:

http://www.patas.gov.uk/tmaadjudicators/manual.htm

 

he cant properly raise his defence until such time that information he previously requested is provided

Such as?

[diddled]

It was a moving traffic offence. Many roads were closed, but there were no diversion signs in place. A group of uniformed policemen were stopping motorists telling them which roads to access. In complying with the Police directions my friend got a PCN for performing a prohibited turn. He asked for the CCTV footage showing the Police stopping and directing motorists.

He also asked for copies of TROs for the roads in question

[Michael Browne]

Do I take it that he has not viewed the CCTV footage at all?

[diddled]

He has had the CCTV footage of him performing a prohibited turn, but I understand that if a Police Officers instructions conflict with a road sign Police instructions take precedence. The LA claim that it doesnt believe that the CCTV footage he wants can be obtained, yet another of the LA departments confirm traffic enforcement CCTV footage is retained for a number of years.

[green_and_mean]

He has had the CCTV footage of him performing a prohibited turn, but I understand that if a Police Officers instructions conflict with a road sign Police instructions take precedence. The LA claim that it doesnt believe that the CCTV footage he wants can be obtained, yet another of the LA departments confirm traffic enforcement CCTV footage is retained for a number of years.

 

Footage of a filmed traffic contravention for which a PCN has been issued will be kept for as long as is required to adhere to the enforcement process and any appeal, public space cctv is usually retained for 30 days.

[diddled]

The LA said it retained traffic CCTV for 7 years, and public safety CCTV for 30 days