Can the adjudicator change the alleged offence?!

jgmackem

I was given a parking tkt by a Council enforcement officer, who explained I was not parked correctly within the markings of a bay.
I asked which road sign carried that instruction & she claimed the simple "P" on a blue square alongside this parking area enforces the rule about bay markings! When I researched details on the signage this claim proved false. I sent an appeal.
In rejecting my 1st appeal, the local council claimed there was no need for additional signage because there was an official Traffic Order covering these general bays requiring vehicles to be wholly within the markings.Once again, my research showed Traffic Orders only existed for 2 disabled bays & not for the general parking bays. I appealed again.
The council rejected the evidence about the Traffic Order in my 2nd appeal, suddenly claiming that I was actually guilty of 2 offences (the new one being parked in a disabled bay without a Blue Badge). They explained that the enforcement officer chose to issue the lower fine for a general parking offence. (My rear wheel was in fact encroaching approx 4 inches over the outer line, but the enforcement officer made no mention of any disabled bay offence)
When I took my appeal to a personal hearing with an "independent adjudicator" the council sent a representative who pursued the new offence of "not parking wholly within the disabled bay". Perplexingly, the independent adjudicator chose to pursue this new allegation. This is despite photo & diagram evidence taken & then submitted by the enforcement officer showing the "P" roadsign she claimed I contravened, plus a photo of cars in this general parking area! Also,my ticket carried the contravention CODE 24 = for general parking offences. Contraventions related to disabled parking are CODE 40.
I lost this final appeal but still believe the overwhelming evidence shows the original offence was "not parking correctly in the general bay".I am now expected to pay a fine of £50 for "not parking wholly in a disabled bay", which incidently was already occupied by another vehicle!!!
This allegation is preposterous...but I dont know where else I can get justice. IS THERE ANYONE OUT THERE CAN HELP??!!!

give_them_FA

repost on peripoo, they have specialists in the field. For what it's worth I agree with you this sounds preposterous, the adjudicator should only rule on what the council issued the PCN for, it isn't up to him/her to lay a different charge. If I am right then this adjudicator appears to have got it wrong, try appealing again on the grounds that the order made was not one the adjudicator had the power to make. But it would be better to get the advice of people more specialised in this than me.

Coupon-mad

Yep, this is the forum to post on:

http://forums.pepipoo.com/index.php?showforum=30

But as you have been to adjudication already you are fairly unlikely to win now - even though I follow what you have said and the decision seems preposterous on the face of it. However, it is not an impossible situation if you can act quickly and appeal on the basis that the adjudicator 'erred in law' - if they accept this then it will be looked at again. Your paperwork will explain this final chance.

But you must get pepipoo help this time and you don't have long if you have just got your adjudication decision.

give_them_FA

If I remember correctly from the last time I did one you can ask for a review and then finally challenge the decision in the High Court if it remains faulty in law.

jgmackem

Thanks FA & Couponmad. To vilify the adjudicator's performance still further, she has written in her judgement that; "the nearside wheels were well over the double white lines & intruding upon the disabled bay". The enforcement officer's notepad diagram & her photos clearly confirm that only my rear nearside wheel cut the outer double white line(by my measurement=approx 4 inches). In my mind this is a misrepresentation of evidence by the adjudicator. Is this another ground on which I can appeal...BUT TO WHO??

give_them_FA

In the paperwork there should be an option to have the case reviewed in the first instance by another adjudicator. You should lodge your appeal within the time limit if it is imminent. Perhaps this adjudicator is new to the job, or isn't one of the regular ones. I can find no basis for changing the Council's decision. It either stands if it is correct, or if it is not correct the PCN is ruled invalid, end of. The adjudicator can't change the PCN as far as I can see.

I would add that this situation arose on an appeal I handled, the adjudicator said, (I paraphrase) "well the Council might have charged you with this- but they didn't- so their ticket was invalid. Appeal allowed."

Coupon-mad

jgmackem wrote: »

Thanks FA & Couponmad. To vilify the adjudicator's performance still further, she has written in her judgement that; "the nearside wheels were well over the double white lines & intruding upon the disabled bay". The enforcement officer's notepad diagram & her photos clearly confirm that only my rear nearside wheel cut the outer double white line(by my measurement=approx 4 inches). In my mind this is a misrepresentation of evidence by the adjudicator. Is this another ground on which I can appeal...BUT TO WHO??

It will be in the paperwork with the written decision. But get over to pepipoo to help if you are still in time to do this.