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#Post#: 47--------------------------------------------------
TFL and CCTV evidence in parking bays
DIR By: Barnet
Date: June 15, 2023, 5:31 am
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Hi all,
I had a topic up in Pepipoo and am at adjudicator stage for a
PCN issued by TFL for red route by CCTV. I have attached a print
out of the archived topic.
[attach=1]
I understand there was a recent case where TFL challenged their
right to issue PCN by CCTV, and would be gratful if anyone could
advise further.
Thanks!
PCN
HTML https://i.imgur.com/vs0Uemn.png
HTML https://i.imgur.com/AEY03fP.png
Pics
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Google street view
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Appeal
Dear Transport for London,
I challenge liability on the basis that the penalty demanded
exceeds the amount due in the circumstances of the case. The
alleged contravention is "Stopped where prohibited (on a red
route or clearway)", but this is not a civil contravention
because there is no corresponding offence under paragraph 3(2)
of Schedule 7 to the Traffic Management Act 2004. It follows
that the only penalty that may be demanded is nil, and the PCN
must be cancelled.
Furthermore service of a postal PCN in these circumstances is
unlawful. Regulation 11 of The Civil Enforcement of Road Traffic
Contraventions (Approved Devices, Charging Guidelines and
General Provisions) (England) Regulations 2022 only permits
service of a postal PCN on a red route where the road is marked
in accordance with either diagram 1018.2 at item 11 or diagram
1017.1 at item 12 in Part 4 of Schedule 7 to the Traffic Signs
Regulations, the section of road where my vehicle was filmed is
not marked with either of these and in such circumstances, the
power to serve a postal PCN does not arise. It follows that
service of a postal PCN in this case amounts to a procedural
impropriety and the penalty must be cancelled.
TFL is well aware of these issue having had them drawn to its
attention in numerous tribunal ruling, including Chief
Adjudicator Anthony Chan in Gregory Orford v Transport for
London (2220689027, 09 January 2023). Adjudicator Chan went as
far as saying that "[TFL's] conduct of the proceedings was
nothing short of scandalous. I will be making an order for costs
under separate cover."
In the circumstances, TFL will appreciate that it would be
wholly unreasonable to issue the usual templated Notice of
Rejection that merely drones on and on about the merits of red
route enforcement, and should that route be pursued the
authority will be facing a costs application at the tribunal
stage.
Yours faithfully,
Rejection
Will upload when I find it as it was on the Pepipoo site
[attachment deleted by admin]
#Post#: 75--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: guest17
Date: June 15, 2023, 11:20 am
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This is the Panel Decision:-
[attachment deleted by admin]
#Post#: 96--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: Barnet
Date: June 16, 2023, 4:40 am
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Thank you!
#Post#: 113--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: ivanleo
Date: June 16, 2023, 12:01 pm
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Has the case been scheduled for a hearing yet?
#Post#: 114--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: Barnet
Date: June 16, 2023, 12:07 pm
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Yes, for the 21st.
I have written in quoting the latest case, and hopefully the
adjudicators will find similar fault with TFL
Thanks for your help
#Post#: 117--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: ivanleo
Date: June 16, 2023, 12:13 pm
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Have you requested a hearing or a decision on the papers?
#Post#: 119--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: Barnet
Date: June 16, 2023, 12:22 pm
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On paper
#Post#: 120--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: ivanleo
Date: June 16, 2023, 12:38 pm
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Change that to a telephone hearing. You should either attend
yourself or I'm happy to act as your representative.
There is a good example here
HTML http://forums.pepipoo.com/index.php?showtopic=149680
which shows
why you should never opt for a postal hearing, no matter how
clear and straightforward a case might appear.
#Post#: 121--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: Barnet
Date: June 16, 2023, 12:40 pm
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Thanks! How do I do that?
#Post#: 122--------------------------------------------------
Re: TFL and CCTV evidence in parking bays
DIR By: ivanleo
Date: June 16, 2023, 12:42 pm
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Just call the call centre in the morning and ask them to change
the case to a telephone hearing, the number is 0207 520 7200.
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