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#Post#: 6299--------------------------------------------------
TFL / 46 - Stopped where prohibited (on a red route or clearway)
/ Contravention location Stamford Hill (Hackney)
DIR By: SMPL
Date: September 28, 2023, 11:20 am
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Hi
Your (urgent) advice please.
I got this PCN from one of our workers. He received a fine for
so called 'double parking'. However, the driver claims, and he
tried to challenge this PCN, saying that he was waiting /
allowing the car that was parked to pull out of the parking, so
he can get into the parking. TFL rejected his appealing as you
can see in the letter attached. Can you please advice me how
should I go ahead with it. (time to repeal is quite short).
Google street view:
HTML https://maps.app.goo.gl/8hyGAsNrFnDfw6ik6
Your advice is highly appreciated.
[attachment deleted by admin]
#Post#: 6301--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: John U.K.
Date: September 28, 2023, 12:15 pm
---------------------------------------------------------
The formal Notice of Rejection dated 8th.September (deemed
served Mon 11th)
implies this PCN was affixed to the vehicle.
If so there has been the opportunity for challenge (was one
made?) a Notice to Owner (NtO) and reps in response to the NtO.
Please post up all sides of all other paperwork received (best
to use an external hosting site like
HTML https://imgbb.com/
and post
the BBCodes in your post here) and copy of the drivers
(challenge and)reps, and any further photos from TfL's site..
#Post#: 6303--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: SMPL
Date: September 28, 2023, 12:23 pm
---------------------------------------------------------
Hi
Thanks for your reply.
Unfortunately, I do not have the original PCN. What happen was
that the PCN was issued to the company but the driver tried to
appeal it. So on the 6 of August they send a letter to the
driver and to the company that in order to be able to challenge
this PCN, he need the authorisation from the company to
correspond with him regarding this PCN. We did send them this
letter, that we authorised to driver to contact them on behalf
of the company. In return we received this rejection letter
attached above, what was named to the driver and to the company.
Regarding the images, there are no more images on the TFL
website.
Kind regards
#Post#: 6309--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: John U.K.
Date: September 28, 2023, 3:16 pm
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There's something missing in this account.
If a PCN is issued by a CEO on the ground, then it should be
affixed to the vehicle.
If he has begun to prepare it, and the driver drives off before
it can be affixed, a postal PCN may be issued to the registered
keeper. But your photos in indicate the vehicle pulled into
space and parked, giving the CEO the opportunity to affix it, in
which case a postal PCN should not be issued.
If the offence is filmed by camera, then the ensuing PCN is
posted.
Have you kept any of the paperwork?
Could you take a screenshot of the case history from TfL's
website, please.
Sorry about all the questions, but without having a full account
it is difficult to discern the next step.
#Post#: 6349--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: SMPL
Date: September 29, 2023, 6:43 am
---------------------------------------------------------
Hi
I found all paperwork and will attach everything again with the
entire story from the beginning.
This is a company vehicle.
So the original PCN (attached - File name:PCN-1) was issued on
the 30/05/2023 by a CEO and was affixed to the vehicle.
Then the driver tried to appeal the PCN on the 05/06/2023.
They send us a letter dated 16/08/2023 requires authorisation
from the company to correspond with the driver. (Attached - file
name: PCN-2)
They also sent this letter to the driver. (Attached - file name:
PCN-2)
We sent them back the authorisation letter by post. As it looks
on the PCN history (see screenshot Attached - file name: PCN-3),
seems that they didn't get it (or ignoring it).
Then they sent us the rejection letter (Attached - file name:
PCN-4). Reading this letter seems that they reject it based of
different reason.
Pic attached again:
HTML https://ibb.co/JKtpXNJ
HTML https://ibb.co/nCyjzNs
Google street view:
HTML https://maps.app.goo.gl/8hyGAsNrFnDfw6ik6<br
/>(PCN was issued on the left side of the road as shown on the
pic).
How can I go with it?
Thank you very much in advance for your help and advice.
[attachment deleted by admin]
#Post#: 6352--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: John U.K.
Date: September 29, 2023, 7:20 am
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--- Quote ---
> We issued the PCN because your vehicle was observed parked
more than 50cm from the kerb and not within a designated parking
place on the date and time of contravention at the above
location
--- End Quote ---
But it was issued because the vehicle was stopped on a red route
(as per PCN).
Whether that would run at tribunal I have my doubts, but others
will comment.
Similarly if thgere is any possibility of a de minimis defence -
how long was it waiting?
Let the experts here peruse the docs and case history and see if
there is anything lurking there.
#Post#: 6358--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: DancingDad
Date: September 29, 2023, 8:10 am
---------------------------------------------------------
TFL ought to know better then to conflate the two, distinctly
different contraventions.
Arguably the driver could have copped a PCN for either stopped
or more then 50cm but they cannot issue a PCN for one and use
the other to justify.
Where was the van when the CEO stuck the PCN on the windscreen?
#Post#: 6369--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: Pastmybest
Date: September 29, 2023, 12:04 pm
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I would be putting them to proof that at the time of issuing the
PCN the PCSO was correctly uniformed to perform the duties of a
CEO I would also state that the contravention stated on the PCN
is not the one that they have responded too
#Post#: 6438--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: ivanleo
Date: September 30, 2023, 5:07 pm
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[member=578]SMPL[/member] well as the discount is not on offer
there's no point in paying now. I have a viable argument on the
uniform issue but it's quite technical so realistically I'd have
to run it for you. I'm happy to represent you at the tribunal if
you want to appeal this.
#Post#: 6713--------------------------------------------------
Re: TFL / 46 - Stopped where prohibited (on a red route or
clearway) / Contravention location Stamford Hill (Hackney)
DIR By: SMPL
Date: October 4, 2023, 1:17 pm
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Thank you very much for your help? [member=1]cp8759[/member] Can
you guide me what should I do next? (28 days are nearly over).
Thank you very much in advice.
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