Grounds for Appeal - Contravention Code 27

MF17

Thanks DogsDollocks very helpful. If you would like to see the text of my original appeal to Westminster ans a copy of their response rejecting it. I'll scan them in and send them to you. There's too much to type in!

MF17

TO: The DogsDollocks

Westminster have stated as follows:
"You repeatedly refer to S86 of the TMA 2004, which you believe the dropped footway to be enforced under, I can inform you that dropped footways are currently still enforced under the provisions of S14 of the London Local Authorities and Transport for London Act (LLA&TfLA) 2003, as the provisions of S86 TMA have yet to be enacted. As you are aware, the 2003 LLA&TfLA specifies that no signage is required to enforce this section."
Does this affect your suggested response or your previous posts?

Thanks

MF17

To the BogsDollocks and JustthisGuy

Very helpful thanks. I'll wait for any responses before submitting a further ground of appeal to the adjudicator. Happy to send either of you an email as previously posted. Sorry about the wrong name BogsDollocks.

Coblcris

What regulations was the PCN issued under ? And what regulations was the Traffic Order made under ?

MF17

PCN issued under TMA 2004. There is no other statutory reference on it.

JustThisGuy_2

(Sorry, no hyperlinks again - I'm still not allowed ;-)

MF17 wrote: »

TO: The DogsDollocks

Westminster have stated as follows:
"You repeatedly refer to S86 of the TMA 2004, which you believe the dropped footway to be enforced under, I can inform you that dropped footways are currently still enforced under the provisions of S14 of the London Local Authorities and Transport for London Act (LLA&TfLA) 2003, as the provisions of S86 TMA have yet to be enacted. As you are aware, the 2003 LLA&TfLA specifies that no signage is required to enforce this section."
Does this affect your suggested response or your previous posts?

Thanks

It would if they were right, but they appear to be wrong. The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007 provides:

1(2) [...] “the second appointed day” means 31st March 2008.
3.—(1) The provisions of the Traffic Management Act 2004 specified in paragraph (2) shall come into force as respects England on the second appointed day.
(2) The provisions are—
[...]
(c) sections 84 (and accordingly Schedule 10), 85 and 86

HOWEVER, it's not quite that simple. The Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) (Amendment) Order 2008 modifies the above SI, in bringing in a transitional period for some of the affected legislation. It also, in article 4, modifies the changes made in art 3 of the 2007 order, but NOT the ones made ss84-86 TMA 2004.

s127 Local Transport Act 2008 amends s86, but not in a relevant way.

THEREFORE, for our purposes here, the 2007 order above appears to be the final word, and ss84-86 TMA 2004 are in force. You should bring these facts to the attention of the Westminster bod, and ask them if they still think otherwise.

Coblcris

Good points. Bearing in mind the what I will call confusion within Westminster it may be worth checking the Traffic Order. If it has not been made under the TMA and they are issuing TMA PCNs then they have some very large problems.

Do not expect the points raised herein to be understood by the Westminster back office staff. I would copy the appeal to the Parking Manager.

MF17

Thanks guys. I'll submit a further ground for my appeal.

JustThisGuy_2

Let us know how it goes!

MF17

Will do - although it could be some time!!