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#Post#: 26064--------------------------------------------------
TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: June 14, 2024, 1:04 pm
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Hi,
Long term lurker, first time poster.
I have recently received a PCN from TFL for the alleged parking
contravention - Code 46: Stopped where prohibited (on a red
route or clearway)
The alleged contravention happened on Monday 10/06/24, date of
notice 13/06/24 and received the PCN via post on 14/06/2024. It
took place on Camden High Street, NW1. GSV =
HTML https://maps.app.goo.gl/9g1co5ky2jo9LTE3A
I am the vehicle
owner and registered keeper.
I was not stopped here for long, as I had moved further up the
road where there is a Red Route parking spot for 30 mins. This
is where I had loaded bulky shopping.
I have redacted personal info from the PCN, if this is needed
please PM me and I will happily provide it to you.
At this stage, I have not done anything, other than view the PCN
images online.
I am not up to date but, last I have heard was that TFL should
not be issuing red route parking contravention PCNs via CCTV and
it should be via PCSOs on the spot (as I have witnessed this
happening before at this location).
1st page of PCN -
HTML https://drive.google.com/file/d/1uCvdjW6TeB5kxionvxHnONowrGirKrf_/view
What should my next steps be?
#Post#: 26088--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: fraser.mitchell
Date: June 14, 2024, 3:48 pm
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--- Quote ---
> I am not up to date but, last I have heard was that TFL should
not be issuing red route parking contravention PCNs via CCTV and
it should be via PCSOs on the spot (as I have witnessed this
happening before at this location)
--- End Quote ---
Unfortunately you are not up-to-date, because people on this
forum got a result on this matter at London Tribunals, and TfL
were so annoyed they took the matter to Judicial Review and won
their case. However, careful reading of the judgment revealed
that the matter is not totally "done and dusted", but for the
detail, I have to pass you on to our administrator who was
originally involved, - cp8759, who can explain what signs are
necessary on Red Routes in order to enforce via CCTV.
#Post#: 26183--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: June 15, 2024, 1:52 pm
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Thanks for letting me know in regards to TFL and them going to
Judicial review for the CCTV PCNs.
In the meantime, I will wait for cp8759's input, see what he
recommends and if there is a chance to appeal the PCN.
#Post#: 26211--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: fraser.mitchell
Date: June 15, 2024, 7:05 pm
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Read this: -
HTML https://www.landmarkchambers.co.uk/news-and-cases/high-court-confirms-that-tfl-can-lawfully-use-cctv-to-issue-parking-penalties-in-red-route-parking-bays
It also has a link to the full judgment.
#Post#: 26323--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: June 16, 2024, 3:51 pm
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Will have a read through this.
What would be the last day that I have to make reps or pay at
the reduced rate? The date of notice is 13/06/24
Would last day of reduced rate be 04/07/24?
Would reps need to be submitted by 11/7/24?
TIA
#Post#: 26343--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: ivanleo
Date: June 16, 2024, 5:13 pm
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[member=2004]TMOCONTRACTLAW[/member] firstly please re-post the
PCN with the PCN number and number plate visible.
Secondly please call TFL first thing in the morning on 0343 222
3333 and ask for the video, they will send you a DVD in the post
and put the penalty on hold while you wait. The hold only lasts
a couple of weeks so put a reminder in your calendar to chase
this up if you've not received the video after 14 days.
Whether you have received the video or not, come hell or high
water you must make representations before midnight on 14 July,
regardless of what promises TFL might have made to keep the
matter on hold.
Also please give us a full narrative of events: when did you
first stop here, why did you stop, what were you doing etc. If
you were loading bulky shopping, were these pre-ordered goods?
Lastly the traffic order is The GLA Roads and GLA Side Roads
(Camden) Red Route Consolidation Traffic Order 2007
HTML https://drive.google.com/file/d/1qLuwzdTof7SikrpFSWwfCOfephROZm4s/view,<br
/>the relevant entry is item 9 on page 60:
[indent]
A400 CAMDEN HIGH STREET, the north-east side from a point 75
metres south-east of the extended common boundary of Nos. 86 and
88 Camden High Street for a distance of 29 metres in a
south-easterly direction
[/indent]
The bay used to be incorrectly marked up until July 2021, but
the markings repainted since are correct and match the traffic
order as far as I can work out.
#Post#: 26350--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: June 16, 2024, 5:25 pm
---------------------------------------------------------
Thank you cp8759, for your response.
I will call TFL to ask for the DVD and tell them to put the PCN
on hold.
In terms of what happened on the day, to the best of my
knowledge, I had dropped off a passenger where the camera has
caught me. Then a few minutes later I moved up the road where
there is a red route parking spot (limited to 30 mins). This is
where I had loaded bulky shopping which was not pre ordered.
Will update when I receive the footage or if nothing is received
from TFL.
#Post#: 27627--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: June 26, 2024, 4:35 pm
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As advised, have called TFL on 17/06/24 to request footage.
Still have not received anything in the post, will ring them
again tomorrow to chase up.
[member=1]cp8759[/member] Should I make reps before 14 July or
4th Of July? How should I structure the representations.
PCN status history:
HTML https://drive.google.com/file/d/136N3X7l4Hf5yoraMn6lp3BCyerMrTmF8/view?usp=sharing
#Post#: 28134--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: TMOCONTRACTLAW
Date: July 1, 2024, 5:31 am
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Have called TfL today as have not received footage. They have
informed they will issue it again (I take it it won't be issued
before the reps are due)
Will the case of procedural impropriety stand in the case of TfL
using CCTV anymore, is that out of the question?
The only other reps I can make is mitigating circumstances which
would include why I needed to drop the passenger off where the
PCN was issued (in the loading bay) and then had moved up the
street to where there is a parking spot for 30 mins.
Will draft up a reply and post it here.
PCN Status History (01/07/24) -
HTML https://drive.google.com/file/d/1SvLIr8NPnLAQtRxL1F4BNyWLRP66MpIz/view?usp=drive_link
#Post#: 28236--------------------------------------------------
Re: TFL Code 46: Stopped where prohibited - Camden High St
DIR By: ivanleo
Date: July 1, 2024, 5:13 pm
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--- Quote from: TMOCONTRACTLAW link ---
>
> [member=1]cp8759[/member] Should I make reps before 14 July or
4th Of July? How should I structure the representations.
>
--- End Quote ---
To preserve the discount you want to make representations before
midnight on 7th July i.e. before the end of day 21 from the date
of service.
The CCTV argument has now been turned on its head and it doesn't
work for bays, it should only work for double red lines and only
if the double red lines have no upright sign.
The representation can simply say "the contravention did not
occur", you're not required to give any more detail than that.
This should buy us several weeks as a minimum.
Also please note if you receive a notice of rejection from TFL
and you appeal it straight away such that London Tribunals tells
TFL that the PCN has been appealed before the extended discount
period expires, then TFL will normally only demand the
discounted penalty, so arguably you have nothing to lose.
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