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#Post#: 8506--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: fraser.mitchell
Date: October 26, 2023, 6:40 pm
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Apparently judgment has been "reserved", (whatever that means
!), but in practice it seems to mean the learned judge has to go
away and read all the laws and regulations around this case to
get up-to-speed on the issue between the parties. So a quick
decision is not expected.
FWIW, I hope, fervently, that TfL lose. What difference is
there between a parking bay on a Red Route and one that isn't ?
There is no difference at all ! Both allow a vehicle to park in
the parking bay for a time defined on the parking bay sign, and
if you overstay, or don't pay, you expect a CEO to come along
and wallop you with a PCN served to the car or yourself. The
really key issue for TfL is that the "profit" from PCNs using
CCTV is hugely greater than if CEOs have to be employed. This is
surely not the intent of the revised regulations.
#Post#: 8639--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: ivanleo
Date: October 29, 2023, 8:19 am
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--- Quote from: HS12 link ---
>
> If you would be happy to? I'm just a bit tentative about
ending up having to pay £160 instead of £80 but it seems there's
a good chance of success? I'll send off my appeal this evening
under "procedural impropriety"?
>
--- End Quote ---
I hope you haven't sent anything off? Please confirm.
#Post#: 9645--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: Colin_S
Date: November 9, 2023, 1:43 am
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Any update on this one? I took mine all the way to London
Tribunals and TFL chose not to contest it so my appeal was
allowed.
#Post#: 9711--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: HS12
Date: November 9, 2023, 4:00 pm
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Glad to hear! Hearing listed for Dec 6th
#Post#: 9732--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: Colin_S
Date: November 10, 2023, 1:37 am
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My hearing was listed for 22nd November and I received an email
confirming my appeal was allowed from London Tribunals
yesterday, 9th November.
Hopefully a similar outcome for yours.
#Post#: 10112--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: ivanleo
Date: November 13, 2023, 4:38 pm
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--- Quote from: HS12 link ---
>
> Hearing listed for Dec 6th
>
--- End Quote ---
I see you've decided to go it alone, so I can only wish you good
luck!
#Post#: 12017--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: ivanleo
Date: December 6, 2023, 6:34 pm
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I did get involved in the end, outcome here
HTML https://drive.google.com/uc?id=1VCs9vBNdc9gqPij482BEtBd36BVMQdwi.
#Post#: 12044--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: HS12
Date: December 7, 2023, 9:40 am
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Appeal successful, all thanks to cp8759!
#Post#: 13580--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: HS12
Date: January 11, 2024, 5:24 am
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Update:
TFL have submitted a request to review the decision to the
Environment & Traffic Adjudicator at London Tribunals.
Hearing listed for 31/01/24
#Post#: 13629--------------------------------------------------
Re: TFL red route parking bay postal PCN
DIR By: H C Andersen
Date: January 12, 2024, 5:29 am
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@cp, would you know on what point of law have they requested a
review and were review requests made for any of the other cited
cases?
I can't see that the JR decision (which is the only related and
recent decision that I can find) affects this case because it
doesn't deal with the 'how' but rather the 'whether permitted'
issue.
I still can't get my head around the apparent generic use of the
term 'parking place' (even in the JR) when used in the context
of a RR. A parking place other than on a RR is a length of
highway set aside by legislative instrument for parking, a
TMO/TRO. It is not an exception to its immediately adjoining
environment, it's separate. Whereas a so-called 'parking place'
on a RR is a length of highway situated in a red route where by
exception to the prevailing stopping prohibition 'parking' and
related activities may be undertaken.
Whether the difference is substantive or semantic perhaps the
Flame Pit could assist which is where this is being copied.
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