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#Post#: 46073--------------------------------------------------
TFL Red Route PCN A23 London Rd To Streatham SW16
DIR By: eanp83
Date: November 18, 2024, 10:42 am
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Hello Everyone,
I have received the following PCN from TFL red routes bus lane
I Just did the informal representation
I am Private Hire Driver and the passenger requested an stop and
then changed of mind
however as PHV driver we can stop for very short time in a Bus
Lane to Pickup and Drop off passengers but anyway has been
rejected.
Regards to all
HTML https://imgur.com/a/jiffHl6
here is the link with the location
HTML https://maps.app.goo.gl/25pQCAEZZCxBJMss6
So I have done the following advice:
you need to make a representation, you'll have to do it by post
I'm afraid and I would recommend you send it by special
delivery.
All you need to say in the representation is this:
Dear Transport for London,
I challenge liability on the ground that the alleged
contravention did not occur, please cancel the penalty charge.
In any event I hereby make an FOI request for the make and model
of the camera device.
Yours faithfully,
Separately to that, call TFL on Monday on 0343 222 3333 and ask
for the video, they will send you a DVD in the post and the PCN
will be put on hold while you wait.
and then I have received the following:
HTML https://imgur.com/a/ZqMQyht
I really appreciate any comment how to proceed.
thanks in advance.
#Post#: 46124--------------------------------------------------
Re: TFL Red Route PCN A23 London Rd To Streatham SW16
DIR By: Hippocrates
Date: November 18, 2024, 4:07 pm
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I assume you wish to take this all the way? If so, I am more
than happy to assist as this is a technical appeal. But, I need
to see all the documents. PM sent.
#Post#: 46697--------------------------------------------------
Re: TFL Red Route PCN A23 London Rd To Streatham SW16
DIR By: Hippocrates
Date: November 22, 2024, 1:25 pm
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Just sorting this out.
#Post#: 59103--------------------------------------------------
Re: TFL Red Route PCN A23 London Rd To Streatham SW16
DIR By: Hippocrates
Date: February 20, 2025, 3:22 pm
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ETA Register of Appeals
Register kept under Regulation 20 of the Road Traffic (Parking
Adjudicators) (London) Regulations 1993, as amended and
Regulation 17 of the Civil Enforcement of Road Traffic
Contraventions (Representations and Appeals) (England)
Regulations 2022.
Case Details
Case reference 2240531841
Appellant Elvis Alberto Nunez Paniagua
Authority Transport for London
VRM EA18ZTH
PCN Details
PCN GX16580176
Contravention date 03 Jul 2024
Contravention time 04:57:03
Contravention location A23 LONDON ROAD SW16 N-BND TO STREATHAM H
RD
Penalty amount GBP 160.00
Contravention Being in a bus lane
Referral date -
Decision Date 13 Jan 2025
Adjudicator Martin Hoare
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice.
Reasons
Mr Nunez Paniagua who took part in the hearing by phone, was
represented by Mr Morgan. The Authority did not attend and was
not represented.
On 6 January 2025 Mr Morgan wrote ‘Having spoken with my client
this evening, he has not received any evidence pack from TFL.
Therefore, I ask that the appeal be allowed as provided at
Schedule 1, para. 7(6): (6)Nothing in sub-paragraph (1) or (4)
above makes a document admissible as evidence in proceedings
under paragraph 6 above unless a copy of it has not less than 7
days before the hearing, been served on the appellant; and
nothing in those paragraphs makes a document admissible as
evidence of anything other than the matters shown on a record
produced by a prescribed device if that person, not less than
three days
before the hearing or within such further time as the traffic
adjudicator may in special circumstances allow, serves a notice
on the council requiring attendance at the hearing or trial of
the person who signed the document.’
The pre appeal representations read ‘ I was in a job as Private
Hire Driver however as per TFL guidelines PHVs can also cross
bus lanes to gain access to the kerbside to pick up or drop off
passengers, but must leave the bus lane straight away. passenger
request an stop at the area mentioned’.
The authority provided the Tribunal with evidence in support of
its decision.
HTML https://www.legislation.gov.uk/ukla/1996/9/schedule/1/enacted
provides that’ Nothing in sub-paragraph (1) or (4) above makes a
document admissible as evidence in proceedings under paragraph 6
above unless a copy of it has not less than 7 days before the
hearing, been served on the appellant; and nothing in those
paragraphs makes a document admissible as evidence of anything
other than the matters shown on a record produced by a
prescribed device if that person, not less than three days
before the hearing or within such further time as the traffic
adjudicator may in special circumstances allow, serves a notice
on the council requiring attendance at the hearing or trial of
the person who signed the document.’
The Authority Summary , received by the Tribunal is dated 7
January 2025.
Mr Nunez Paniagua credibly explained that he had received no
evidence from the Authority in respect of the appeal.
I find that the Authority did not comply with its obligations
under the Act in respect of service of evidence and cannot rely
on its evidence in this appeal. The Authority has not
established that the alleged contravention occurred.
The appeal is allowed.
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