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PostPosted: Thu Feb 21, 2008 4:49 am 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
1039 views on this topic, beats most topics on TDO eh, must be of interest to some out there


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PostPosted: Thu Feb 21, 2008 8:05 am 
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Location: 1066 Country
Stinky Pete wrote:
i am led to believe] that the application has been refused by the court to challenge the Council because of the 21 day rule, 21 day rule, never heard of it, from when the condition was authorised, too late to challenge, is this right ??? is there only 21 days as a time line to challenge

If a council turns down an application the person has 21 days to appeal to the courts.

Of course if he reapplied now, and they refused, then the 21 day issue starts again from scratch. :wink:

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PostPosted: Thu Feb 21, 2008 11:04 am 
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Stinky Pete wrote:
i am led to believe] that the application has been refused by the court to challenge the Council because of the 21 day rule, 21 day rule, never heard of it, from when the condition was authorised, too late to challenge, is this right ??? is there only 21 days as a time line to challenge

the applicant was told by the Court that you could try again when they impliment the condition, 1st june 09, the applicant has said in a letter to the court it will be too late then, every one will have black vehicles on strap to stay on the road
any thoughts


If you want to challenge this decision then do it by judicial review, you would have ask the courts permission to proceed because you might be out of time but that shouldn't be an obstacle. When did the council make this decision?

Otherwise wait until you present your vehicle for test and when it is refused a license go straight to the magistrates court and follow the appeal process.

Who ever was doing the challenging should have got himself a solicitor because you can't appeal a council decision in the magistrates court it has to be done by way of judicial review. The magistrates appeal process is only for when you have been refused something such as a license.

I thought you would have been aware of this by now.

Regards

JD

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PostPosted: Thu Feb 21, 2008 11:28 am 
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There was something on radio 2 yesterday about what to do if you miss the 21 day rule. I don't remember what it was but if you use the listen again feature on the radio 2 website you will be able to hear what was said. It was on the Jeremy Vine show and it was mentioned by the solisitor who gets all the stars off of their "mistakes" He was telling a trucker how to get his conviction reviewed again by the magistrates court under some section or other.
It may help.

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