How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78899
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

I appealed to the tribunal against a congestion charge

Customer Question

I appealed to the tribunal against a congestion charge charge, the date of the violation was 25 Oct 2019. I received notice on 5th Nov 2020 that my appeal was unsuccessful. Ie over 12 months after the violation. Is there a statutory time limit on these appeals?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: London
JA: Do you need to appear in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 20 days ago.
Category: Traffic Law
Expert:  Jo C. replied 20 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

what did you appeal please

Customer: replied 20 days ago.
Hi Jo
thanks for your message
It was a London congestion charge zone charge , I went into the zone about 20 meters, and argued the charge as I was unaware I'd entered the zone as the signage in the location was insufficient (the sign was rotated perpendicular ) . the appeal was unsuccessful.
Customer: replied 20 days ago.
Hi, are you able to answer by message?
Expert:  Jo C. replied 20 days ago.

I can do that but I will have to look this up. My initial reactionis probably not but I'd have to go back to the enacting legislation

Customer: replied 20 days ago.
That would be great, thank you
Expert:  Jo C. replied 20 days ago.

Thank you.

I am sorry but I cannot giveyou good news. I'm afraid you are in difficulty here.

I have to tell you the truth.

I have studied this at length.

It is very difficult to tell because theenacting legislation is unclear but I think it is unlikely to be covered by thesix months touched her a time limit because it was introduced as a mayoralscheme rather than an act of parliament .

Also it is in effect a decriminalised scheme andso arguably does not fall within the requirement to have the matter heardwithin a reasonable time although that is a very nebulous term in law.

In anyevents there is a further difficulty here and that is this. Fact that you havehad the judgement very late does not mean the matter was not before theauthorities within six months .

The requirement is not to have the matterdealt with entirely within six months even where the statutory time limitapplies. It is just to put the matter before the courts And judging from thetime limit they almost certainly did.

Come what may, they have the judgement fromthe adjudicator now in any events so it doesn't really matter whether they areout of time or not as there is no further appeal

I am sorry but I have to tellyou the truth.

Do remember that I can only give you myopinion.

Another lawyer may have a different opinion.Litigation needs at least 2 parties and neither goes to court expecting tolose.

Nonetheless, one of them does, even thoughthey have been told by their respective legal advisers that they have a goodchance of success.

If there was a black-and-white answer to everylegal problem there would be no need for anything to ever proceed to court.

The ultimate decision comes from a countycourt judge in a civil case or from the magistrate in a criminal case heard inthe magistrates court or the jury in Crown Court.

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Expert:  Jo C. replied 19 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”

Customer: replied 19 days ago.
ok thank you for the response , very helpful
Expert:  Jo C. replied 16 days ago.

Good to talk to you.

No problem.

All the best.

Hopefully,I have answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Remember that I am always available to help with your questions.Even if I am in Court I will usually pick up a question within12 hours. For future information, please start your question with ‘For Jo C’.You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Expert:  Jo C. replied 15 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”