appealing against adjudicator's decision

[lekbo]

I was making a delivery on a single yellow line. i received the pcn. I wrote back to redbridge council explaining this and they refused saying i have to appeal to the adjudicator. I did this sending them my contract of employment and letter from my employers saying i was making a delivery that day. I did not attend and the adjudicator rejected my case, saying the letter from my employer does not state i was actually making a delivery to the road concerned and the company office and where the pcn took place is a long way away. To me it seems like clutching at straws, so i got my boss to write a letter confirming i was delivering on that road at the time, and i sent it to the adjudicator for a review.

 

I got a letter back today saying, edited:

 

'the general principles of review are that fact and law are generally final. One adjudicator will not overturn the findings of fact or law of another unless there are compelling reasons for doing so, such as where the findings are not compatible with the evidence before the original adjudicator

 

unless the original adjudicator can be shown to to have taken into account some immaterial matter or to have overlooked or missapprehended some matterial matter that undermines his or her decision.. his/her decision is final and can not be reviewed

 

You contest the findings of fact made by the adjudicator.

 

The adjudicator made findings that the exemption for a delivery was not proved in your case. The adjudicator was entitled to come to this conclusion on the evidence for the reasons given. The new information that you now produce is not new evidence 'the existence of which could not reasonably have been known or foreseen' within the meaning of para 12 of the schedule of to the civil enforcement of parking contraventions (england) representations and appeals regs 2007. It should have been put before the original adjudicator. It will not therefore be taken into account now.

your other representations are essentially no more than a dissagreement with the original adjudicators findings and a repitition of the submissions made before. there is no reason to conclude that the original adjudicator did not consider all the matters you raised in your original representations. Your application for review is there rejected.

 

Surely this is rediculous? If i can prove i was making a delivery where the original ajducator was sceptical that is grounds to show he missaprehended or mis interpreted my evidence? How can they say i should have shown that evidence to the original ajdudicator? I was not going to know he would be so nit picky with a letter from my employers? Could i go to a solictor to contest this? I do have legal cover on my home insurance and car insurance. Do you think i have a case?

[Michael Browne]

The only channel left to you to challenge an Adjudicator’s decision would be by application for judicial review in the High Court, which potentially could cost thousands of pounds. Hope you have deep pockets.

[Jamberson]

You needed to show at the hearing, that you were in the process of actively delivering goods at the exact point the PCN was issued - not just at some stage during that day. Even your employer's second letter doesn't seem to demonstrate that - it just says you were there to make a delivery, but for all anyone can say, you may have been having a cup of tea at the exact time the PCN was issued.

 

It's a pity you didn't get some advice from here before the hearing, but as stated, it's too late now unfortunately.

[green_and_mean]

You do not get two bites at the cherry just because you screwed up the first hearing, you lost its as simple as that.

[lekbo]

is that how it is? If i can prove the adjudicator made a wrong decision and I can prove what i was saying, They wont listen? Surely this is an abuse of the system? Maybe if i went in person and argued my case it would be different. But in the past, just sending a covering letter from my empoyers and my contarct of employment that sastisfies them. I will see what my legal firm says and let you know

[Pocket Nines]

It's already been said but -- you had your chance and didn't submit the necessary evidence. The Adjudicator, as they have said, was not 'wrong' at the time.

[Jamberson]

is that how it is? If i can prove the adjudicator made a wrong decision and I can prove what i was saying, They wont listen? Surely this is an abuse of the system? Maybe if i went in person and argued my case it would be different. But in the past, just sending a covering letter from my empoyers and my contarct of employment that sastisfies them. I will see what my legal firm says and let you know

 

He may have made a wrong decision, but if his decision was logical and reasonable given the evidence presented to him at the time, then the fault isn't his, or the system - it is with the quality of evidence presented. As I said, you needed to demonstrate that when the CEO was issuing the PCN, you were in the process of delivering something.

 

I can see from what you wrote above that you didn't do that - you might have made the delivery then popped to do some shopping when the PCN was issued. No-one can know, based on what you said to the adjudicator. You said: "I did this sending them my contract of employment and letter from my employers saying i was making a delivery that day".

 

So, I don't see you have grounds to challenge the decision. See what your legal people have to say, but so far as I can tell, it's just a case of not making your case well enough to get the decision your way.

[green_and_mean]

is that how it is? If i can prove the adjudicator made a wrong decision and I can prove what i was saying, They wont listen? Surely this is an abuse of the system? Maybe if i went in person and argued my case it would be different. But in the past, just sending a covering letter from my empoyers and my contarct of employment that sastisfies them. I will see what my legal firm says and let you know

 

You chose the written version rather than the 'in person' appeal, you are just wasting time and if paying for legal advice ....money. If you had a trial by jury and the jury decided you were guilty on the basis of the evidence provided, do you really think you could ask for a crack at a different jury?? You can ask for a review but only if the adjudicator has made a mistake in law not because he didn't believe you.

[lekbo]

ok fair cop we live learn and move on. Normally a copy of my employment contract and covering letter from employers has worked before the adjudicator in previous written hearings. It looks like they are clamping down insisting on all minor details, t's crossed etc to claw back costs. Will learn in future. My motor insurance legal protection as well as home insurance and union legal cover do not cover parking offences.

[Jamberson]

If you had a trial by jury and the jury decided you were guilty on the basis of the evidence provided, do you really think you could ask for a crack at a different jury??

 

Actually, you could get a re-trial if new evidence came to light, casting the original verdict in doubt. No so with parking tribunals, mind.

[green_and_mean]

Actually, you could get a re-trial if new evidence came to light, casting the original verdict in doubt. No so with parking tribunals, mind.

 

Only if it was not known at the time and for serious offences (murder, rape, manslaughter and kidnapping etc), you cannot forget to tell the jury something and then ask for a retrial because you cocked up.