If you have a Notice of Rejection from a council in London and are unsure of your chances of winning at adjudication then the following statistics may help you make your mind up. Councils bluff all the time and reject challenges against PCNs which they know will lose if an adjudicator sees the arguments so also knowing that most people pay up like lambs the Councils have nothing to fear by rejecting your representation.
There is no cost for the public to go to London Tribunals and the council will have to pay £32 which they never see again. There is a very slim chance of costs being awarded against you if you are vexatious, frivolous or wholly unreasonable. In the year to 31 March 25 there were only 74 awards of costs against the public out of 42,907 Appeals which is 1 in 580 so very rare (as the legislation says they should be). The total awarded was £5,080 so an average of £68 per case.
If the council does not offer the 50% discount in the Notice of Rejection (there is no legal requirement for them to do so) and given that you do not have to pay a fee to go to Appeal at London Tribunals and as the chances of being made to pay costs is almost zero, why wouldn't you do it?
The fact is that many cases are won by default. Here are the statistics for the year 2024/25.
There is a 75% chance that Hillingdon will not contest your Appeal at London Tribunals and so they will have to cancel the PCN. That is therefore the borough that motorists should fight every time. There is only a 4% chance that Greenwich will throw in the towel so you do need a half decent case in that Borough. Overall there is a 26% chance, 1 PCN in 4, that after starting the Appeal you won't have to do anything else.
Looking at your overall chances of winning they are as follows:
You should certainly fight the top 8 authorities in the list every single time as your chances are better than 50/50 and you have a one in four chance against the best authority, Southwark, a borough that has a good team of officers dedicated to attending the tribunal hearings.
To save you time looking here is the alphabetical list.
The meek will not inherit the earth, they will meekly pay out for PCNs which they could beat.
The number of PCNs issued in the year 2024/25 in Greater London was 9,457,848 (thanks to a massive increase in the number of restrictions on driving down certain roads which are still invitingly left open to traffic movement and monitored by cameras) and so the 42,907 PCNs taken to Appeal at London Tribunals is a piffling 0.005% or only one in every 220 PCNs issued.
If the 45% beaten at Appeal is overall representative of whether a PCN was correct or not that is four million PCNs which aren't being over-turned which could be.
Stop giving up people, be like Mr Mustard, learn everything you can about the subject and get stuck in and fight. The more you fight the more you learn and the better you get.
The end.



No comments:
Post a Comment
I now moderate comments in the light of the Delfi case. Due to the current high incidence of spam I have had to turn word verification on.