Do Adjudicators ever reprimand Councils?

starfish_chimp

Am going to Court on Thursday to appeal about a parking ticket. I hope to win! I think Southwark Council have been underhand as I believe they know they are not in the right. I have wasted so much time on this. Is there any comeback for them? Can I say anything to the Adjudicator (if I win). I feel the Council can just "try it on and hope people back out because of the personal hassle involved.

Anyone any thoughts on or experience of this?

ManxRed

Court? Or PATAS?

give_them_FA

Assuming you mean PATAS, from my own experience it does seem that adjudicators take a lot of convincing that councils do not behave correctly. Even though they turn down appeals that the adjudicator allows without question, and cannot be bothered to turn up to present their case.

If you feel that the Council has been unreasonable and you win then ask for your costs!

Stephen_Leak

I get the feeling that the adjudicators are beginning to get fed up with councils "routinely" rejecting appeals, and the effect this has on their workloads.

starfish_chimp

I guess its PATAS! I am going there this morning.

Interesting you have different views. Interesting you think, Mr Leake, adjudicators are getting fed up of "routine rejections" of appeals by Councils. My feeling was that Southwark did not even bother to read my appeal properly.

I bet Southwark will not even bother to turn up to present their case, which also makes me feel annoyed.

If I win, I will make my points to the Adjudicator of how I believe Southwark have been unreasonable in pursuing this. I may even ask if it is possible for me to pursue for costs!

However, I do not work so have had not had to give up time for work. But there has been time and hassle involved (my time and my hassle), plus all the wasteful palava of going to PATAS pointlessly, when I have a health condition. Is it still possible?

p.s. I will get back to you on this, let you know if I win, and what the adjudicator said. Thanks.

pogofish

IIRC PATAS severely reprimanded and dumped Southwark in it with the Fraud Squad a few years back over their parking operations - can't remember what became of the case though.

starfish_chimp

Well, I won!

But it should never have gone to the Adjudicator in my opinion.

The issue was over some double "no loading" lines. They were so faded as to be nearly invisible and part also covered by leaves.

Interestingly that stretch of road has all very faded "no loading" signs and lots of parking attendants! easy pickings!

I did ask the Adjudicator at the end if I could have costs. She looked a bit alarmed/aghast! I said it was because I believe Southwark had just gone ahead regardless of the facts and wasted my time.

She said that councils do "pay" for appeals (in a big pot of funding they all have to contribute to based on the amount of appeals they have).

But I was still miffed. I still think they get an illegal income from that stretch of road. If there are any suggestions as to what I could do further, appreciated.

If not, well at least I did win against those idiots :cool:.

starfish_chimp

p.s. as regards the cost and hassle, I don't think the Adjudicator got my point. When I pointed out that Southwark had not even turned up to defend their case, she replied that that was their prerogative, as it was mine! Which was hardly the point as I am a private individual.

I just think they are too embarrassed to turn up.

Stephen_Leak

Well done. Another one to us poor motorists.

The council are probably too busy sending out appeal rejection letters.

Coupon-mad

starfish_chimp wrote: »

p.s. as regards the cost and hassle, I don't think the Adjudicator got my point. When I pointed out that Southwark had not even turned up to defend their case, she replied that that was their prerogative, as it was mine! Which was hardly the point as I am a private individual.

I just think they are too embarrassed to turn up.

Post about this on pepipoo and they can tell you how to put in an application for your stated reasonable costs. It can be done, post here:

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

I know some of the regulars on there have experience of getting costs awarded but some are declined. Worth a shot and I think you have to act quickly.

give_them_FA

Councils hardly ever turn up. I think the rules are terrible and if they can't be bothered to turn up and defend their decision the award of costs should be automatic, just my opinion.

Although it is extremely rare for an adjudicator to award costs, I suppose it is arguable that if they have tried to impose and continue with a charge against the weight of evidence then they are guilty of negligence. If you are feeling bold you might chance £25 on a small claim, but I wouldn't guarantee how it would turn out...