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London Tribunals is committed to taking action to ensure that the way we work does not place people with disabilities at a disadvantage. If you have any concerns about your requirements during the appeals process, we may be able to make reasonable adjustments to mitigate those concerns, including attendance at a face-to-face hearing at our central London hearing centre. More information on reasonable adjustments and how to contact us about them can be found on our reasonable adjustments page
Preparing for your appeal
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Any photographs or documents that you intend to rely on at your appeal hearing should be submitted in advance. Evidence can be uploaded via the appellant portal or sent by post to arrive no later than six working days before your hearing date. Your evidence will be made available to the Enforcement Authority. If your evidence is late, it will be up to the Adjudicator to decide whether you can rely on this evidence and the hearing may be adjourned for the Enforcement Authority to view the evidence.
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The Adjudicator will consider the evidence presented by you and the Enforcement Authority. The Adjudicator will not obtain evidence or contact witnesses on your behalf. If you are calling a witness in support of your case, please provide their e-mail address so that we can invite them to the hearing. If a witness is unable to attend the hearing, you should provide a statement from that witness.
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The Enforcement Authority should send you a copy of its evidence at least three days before the hearing.
Your hearing
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Personal hearings take place using the Microsoft Teams video-conferencing platform accessible from computers, tablets or smartphones, with the option to either turn the camera on or off. You may also attend the hearing by telephone.
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The letter or e-mail that we send to you confirming your hearing date and time contains the link to your Microsoft Teams hearing and the telephone number to access your hearing. You will only be able to join via Microsoft Teams if you have selected e-mail as your preferred method of contact and have received notification of your hearing via e-mail. If you would like to receive your schedule notification by e-mail, please contact us using the details on our contact page. If you are unable to receive your schedule notification via e-mail you will still be able to join the hearing by telephone using the details on the letter.
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If you are using a laptop or PC, there is no need to download any software. However, if you are using other devices you may have to download the appropriate app.
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Hearings before the Adjudicator are public hearings and may be adjourned to allow for public attendance should the Adjudicator consider it appropriate.
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You should enter your hearing in good time and inform the Tribunal if you are going to be late using the details on our contact page. We aim to start your hearing at the scheduled time. However, the length of hearings is unpredictable and there may be a delay in start, but our administrative staff will update you.
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The Adjudicator is a lawyer, impartial and independent of the appellant and the Enforcement Authority.
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The hearing is informal but is nevertheless a judicial hearing like a court and you must conduct yourself in an appropriate manner. You should address the adjudicator as sir or madam and ensure that you are in an appropriate location to participate in your hearing.
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The Enforcement Authority can choose to rely on written evidence only but may also send a representative to the hearing. If a representative from the enforcement authority is attending, please do not attempt to speak to them unless directed to do so by the adjudicator. All the evidence will be made available for viewing by the Adjudicator on our electronic Case Management System during the hearing. The Adjudicator will not usually have previewed the evidence.
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Do tell the Adjudicator if you have any specific needs or if you have difficulty understanding the proceedings.
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You will not be asked to take an oath when giving evidence, but you must tell the truth. If you do not, you could be prosecuted.
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All hearings are digitally recorded for reference purposes. You may not record, film or photograph the hearing. All telephones and devices must be turned to silent whilst in the hearing.
If you are unable to attend your hearing
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If you are unable to attend your personal hearing for any reason you must contact us by telephone as soon as possible using the details on our contact page. To avoid any delay in considering your request, do not e-mail or post it to us.
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Unless you have spoken to somebody or received written, or e-mail confirmation do not assume that your hearing has been rescheduled.
The decision
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The Adjudicator may tell you the outcome of the appeal at the end of the hearing. However, a copy of the decision will also be sent to you via e-mail or post. If you do not attend the hearing of your personal appeal, it will be considered by the Adjudicator in your absence. If you have opted for a postal decision, it will be sent to you after the Adjudicator has considered your case. The decision is binding on you and the Enforcement Authority. All decisions are available for viewing on our statutory register.
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There is no right of appeal from an Adjudicator’s decision, but the decision may be further challenged by the following procedures:
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An application for review. Either party may apply for a review under paragraph 12 of Schedule 1 to the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 or Regulation 11 of the Road Traffic (Parking Adjudicators) (London) Regulations 1993. A review may only be granted if a ground for review is established:
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The decision was wrongly made as the result of an administrative error.
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You failed to appear or be represented at a hearing for some good reason.
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There is new evidence, and the existence of that evidence could not have been reasonably known or foreseen before the decision.
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The interests of justice require a review.
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An adjudicator may also, on the application of a party, review and revoke or vary any interlocutory decision. For example. The adjudicator’s decision not to grant an extension of the period of time for bringing an appeal.
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An application for a review is not a mechanism for securing a second hearing; disagreeing with the law or the Adjudicator’s decision is not a ground for review.
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An application for review must be made to the Environment and Traffic Adjudicator within 14 days of service of the decision that is being challenged and can be e-mailed or posted to the Tribunal at the address on our contact page.
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If you would like to make your application at a personal hearing, make that clear so that the matter can be scheduled.
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Judicial Review. If an Adjudicator interprets the law incorrectly, he can be corrected by the High Court in a procedure called Judicial Review. If you wish to use this procedure you would be wise to seek legal advice. You must file the claim in the High Court promptly and normally not later than 3 months after the date of the decision that you wish to challenge.
Costs
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Either party may apply for costs. Paragraph 13 of Schedule 1 to the 2022 Regulations and Regulation 12 of the 1993 Regulations above state that an adjudicator shall not normally award costs. The adjudicator may make an order against a party if they are of the opinion that the party has acted ‘frivolously, vexatiously or wholly unreasonably’.
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If an Adjudicator is considering making an order for costs, the other party has the right to give their view before any order is made. An award would be to cover the costs and expenses involved in conducting the appeal – it would not include compensation for distress or inconvenience. An application for costs must be made to the Environment and Traffic Adjudicator promptly, setting out why you think an award should be made and providing details of the costs incurred with evidence such as receipts or invoices. Your application for costs can be e-mailed or posted to the Tribunal at the address on our contact page.
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If you would like to make your application at a personal hearing, make that clear so that the matter can be scheduled.