Novice need advice on appeal

TheBogsDollocks

I should have included in my above post that your case will be strengthened greatly by submitting a letter confirming they alighted from your passenger. This will carry great weight at adjudication if the evidence against you is weak.

Neil_B

TheBogsDollocks wrote: »

Most TMOs/TRO's do not define "personal luggage". This may be a benefit. It's quite reasonable to argue that the PC was the personal luggage of the person alighting. The dictionary definition of "luggage" usually refers to suitcases but if no definition of "personal luggage" is given in the TMO then the authority cannot reasonably argue that they mean suitcases. It's a matter of common sense.

He may well have a point. It's a 'possibility' for ultimate interpretation by an Adjudicator. As an example. dropping a builder friend with one tool box and a drill case would be roughly equivalent to your case. Unloading or alighting??? Bogs may well be correct. In fact the very short time you were there confirms this - I would say unloading cannot possibly take less than a minute by definition!

@ Bogs - as you also mentioned wheelchair by example - do you think that in a funny kinda way 'Wanambwa' is relevant?
-

TheBogsDollocks

Certainly I think comparisons can be drawn.

Bigalagain

'Manambwa'? Is this a previous case with some comparisons to mine?

Do you think I should go and view the video to confirm exact details. It will almost certainly show me and the engineer getting out and me opening the back door of the van and handing over the PC. It was strange that neither of us appeared in the pics they sent though.

Neil_B

Bigalagain wrote: »

'Manambwa'? Is this a previous case with some comparisons to mine?

Well kinda. There are some similarities.

Read it and see. It's available to view via the PATAS site in 'key cases'.
Either look under boarding/alighting category or type 'Wanambwa' in the other box. It's W ok.

- and if you are going to proceed to PATAS then i always recommend a personal hearing - maybe particularly for this one. So yes, cover all bases and view the vid.
-

Bigalagain

Thanks Neil,

I've checked out the Wanambwa case and interesting that the adjudicator did not place emhasis on the wheelchair and pointed out that the council should have recognised that the circumstances were clearly within the boarding/alighting exemption before the matter even went to appeal.

I'm definitely going to appeal and, yes, a personal hearing sounds favourite and hope I may get the same adjudicator (any idea how many adjudicators there are?).

Can I quote the Wanambwa case in my appeal?

Really appreciating all this advice!!

Neil_B

50 Adjudicators! LOL. Certain names crop up frequently though.

If you use Wanambwa then you have to get your point across very carefully. It is clearly a different situation BUT - I am of the view that there were greater implications to the result. That is, fair parking enforcement must take into account real life situations and not ignore them.
-
Check for other boarding/alighting cases in the 'key' list.
-

Bigalagain

I've sent my appeal etc off and fingers crossed!

I'd like to thank you all for what I believe to be invaluable advice. I'll keep you updated and let you know the outcome.

It's an unpleasant subject we've been discussing but I've really enjoyed it!

Neil_B

Victory apparently!

Bottle job by B & D.

TheBogsDollocks

Neil_B wrote: »

Victory apparently!

Bottle job by B & D.

At what stage?