DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 21493--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: ivanleo
Date: May 3, 2024, 5:59 pm
---------------------------------------------------------
Here you go:
[indent]
Dear Transport for London,
I challenge liability on the ground that the alleged
contravention did not occur. The section of road where my
vehicle is seen to be stopped in the CCTV footage is not marked
in accordance with any road markings at all, as the video
clearly illustrates. I have since returned to the location and
have noted that new bay markings have been added, but these were
not present at the time of the alleged contravention.
While I appreciate lines do not need to be maintained in
pristine condition and substantial compliance is sufficient, in
this case the bay markings were wholly absent and they cannot
therefore have been substantially complaint. It follows that
there was nothing to put me on notice that stopping at this
location was restricted.
Furthermore service of a postal penalty charge notice is a
procedural impropriety. Regulation 11 of The Civil Enforcement
of Road Traffic Contraventions (Approved Devices, Charging
Guidelines and General Provisions) (England) Regulations 2022
provides that a postal penalty charge notice may be served if a
road is marked in accordance with diagrams 1018.2 or 1017.1, and
the High Court confirmed in Transport for London, R (on the
application of) v London Tribunals (Environment and Traffic
Adjudicators) [2023] EWHC 2889 (Admin) that this extends to bay
markings.
However a road that is not marked with any visible markings at
all cannot be marked "in accordance" with anything, rather it is
unmarked.
In the circumstances service of a postal penalty charge notice
is a procedural impropriety.
Yours faithfully,
[/indent]
Send this online and keep a screenshot of the confirmation page.
#Post#: 21540--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: fox10
Date: May 4, 2024, 6:24 am
---------------------------------------------------------
Done, submitted today. Thank you so much. I will let you know
how we get on. Have a good weekend!
#Post#: 24790--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: ivanleo
Date: June 3, 2024, 4:57 am
---------------------------------------------------------
Reply from TFL about the marking of the bays:
[indent]
The bay was last remarked on 18 March 2024. Please see a photo
attached.
[/indent]
HTML https://i.imgur.com/t2ephrH.jpeg
#Post#: 31970--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: fox10
Date: August 2, 2024, 9:11 am
---------------------------------------------------------
Hi,
I hope you are all doing well.
I nearly forgot about this, but after submitting my
representations, I didn't receive any reply until this morning
when I got a charge certificate. I logged onto the TFL website
with my PCN details and saw that my representation was received
back in May but rejected on June 27th. However, I didn't receive
any email or letter about this; otherwise, I would have
responded and posted it here. Please advise on what I should do
next. Thanks.
HTML https://i.postimg.cc/d1nqX58j/Scan-20240802.jpg
#Post#: 31989--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: fraser.mitchell
Date: August 2, 2024, 11:23 am
---------------------------------------------------------
You'll have to wait until they register the debt at TEC, and
serve an Order for Recovery. You can then submit a Statutory
Declaration that you submitted reps, but did not receive a
Notice of Rejection of Reps. Process will then be reverted back
to the PCN stage.
#Post#: 31993--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: John U.K.
Date: August 2, 2024, 11:54 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> You'll have to wait until they register the debt at TEC, and
serve an Order for Recovery. You can then submit a Statutory
Declaration that you submitted reps, but did not receive a
Notice of Rejection of Reps. Process will then be reverted back
to the PCN stage.
>
--- End Quote ---
+1
There isa a sticky on this process:
HTML https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/
#Post#: 32018--------------------------------------------------
Re: TFL 46:Stopped where prohibited (on red route or clearway)
Eastern Ave IG2
DIR By: fox10
Date: August 2, 2024, 3:23 pm
---------------------------------------------------------
Thanks, but will I get an option to pay at the discounted rate?
*****************************************************
Page 2 of 2
DIR Previous Page