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#Post#: 9038--------------------------------------------------
TFL PCN on Red Route CCTV
DIR By: Spinstorm
Date: November 2, 2023, 12:47 pm
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I stopped on a red zone parking area outside 750 Bath Road, near
Heathrow as I was feeling sick, it was 4.30pm.
I was there for maybe max 10 mins before I left, I was
struggling for my sat nav to get signal so was fiddling around
at the same (this is not an excuse just stating that I wasn't
just sitting there as I was lost) however I would not have
stopped if I didn't feel sick.
Once I felt better I then continued on my way.
Why did I think it was okay to stop there? Honestly I saw
another car parked and it was outside shops so I assumed it
allowed parking. It turns out I can park for 30 mins up until
4pm.
I don't think I have any grounds to appeal but £80 seems harsh
(at the discount rate), is there any way out of this?
UPDATE: I posted this on Fightback Forums and some great advice
regarding CCTV and the Tribunal result. Is this a ground to
appeal?
[attachment deleted by admin]
#Post#: 9047--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: fraser.mitchell
Date: November 2, 2023, 1:55 pm
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--- Quote ---
> I posted this on Fightback Forums
--- End Quote ---
I presume you mean Pepipoo. Asa you may have already worked out,
contributors on there are now also on here.
The CCTV issue with enforcing parking bays on Red Routes is
grounds for an appeal based on a recent London Tribunals ruling,
but Transport for London took them to judicial review. The
hearing was last week, but until the judge publishes his ruling
we are in limbo. If TfL win, then this argument will fail. We
all hope they lose, of course !
#Post#: 9052--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: Spinstorm
Date: November 2, 2023, 2:16 pm
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Yes, [member=12]Incandescent[/member] as per your advice.
But surely if you use that as a ground of appeal now they can't
reject it? As they have lost - judicial review or not if they
decline my appeal then I could take it to the tribunal and they
would most likely come to the same decision.
Logically therefore TFL would be smart to accept my appeal. In
fact, there is an argument if we wait for the JR decision it may
be too late if they win.
#Post#: 9066--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: fraser.mitchell
Date: November 2, 2023, 6:13 pm
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It's not as straightwforward as you think, would that it were so
!
Every case is individual in law, even though in this CCTV case,
they're all the same, only the dates and locations are
different.
No harm in submitting representations saying it is unlawful to
enforce your parking using CCTV, but you can't quote the London
Tribunals decision, because the judicial review means it is not
yet a final decision.
I'm not familiar with the ins and outs of this CCTV case, and
hopefully our administrator, CP8759 will explain. He was at the
original adjudication and the judicial review.
#Post#: 9101--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: Spinstorm
Date: November 3, 2023, 7:54 am
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[member=1]cp8759[/member] What do you think? Thank you.
#Post#: 9142--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: ivanleo
Date: November 4, 2023, 6:32 am
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In the first instance call TFL and ask for the video, they will
send you a DVD in the post and put the penalty on hold while you
wait.
Once you have the video upload it on here and I'll check it
against the traffic management order, we also have a viable
camera approval ground to explore (but need the video first) and
we might have had the High Court judgment by then.
#Post#: 9158--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: Spinstorm
Date: November 4, 2023, 10:16 am
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--- Quote from: cp8759 link ---
>
> In the first instance call TFL and ask for the video, they
will send you a DVD in the post and put the penalty on hold
while you wait.
>
> Once you have the video upload it on here and I'll check it
against the traffic management order, we also have a viable
camera approval ground to explore (but need the video first) and
we might have had the High Court judgment by then.
>
--- End Quote ---
Does requesting video footage on DVD extend the 21 day reduced
penalty? I have until 19th November and my biggest concern is
getting stuck with a £160 done!
Who do I request it from?
What is the issue with the visible camera?
#Post#: 9209--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: ivanleo
Date: November 4, 2023, 3:04 pm
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--- Quote from: Spinstorm link ---
>
> Does requesting video footage on DVD extend the 21 day reduced
penalty?
>
--- End Quote ---
Yes it does, don't worry about the discount either: as long as
you make a challenge when the discount is still on offer, TfL
normally reoffers it anyway even if they reject.
--- Quote from: Spinstorm link ---
>
> Who do I request it from?
>
--- End Quote ---
0343 222 3333, don't forget to ask them to put the penalty on
hold while you wait.
--- Quote from: Spinstorm link ---
>
> What is the issue with the visible camera?
>
--- End Quote ---
See Anish Raj Shrestha v Transport for London (2230256263, 26
August 2023)
HTML https://drive.google.com/uc?id=1dFUa8HEcUh2HyuDprMyvoP1NZ67kMZWA<br
/>and Ahsan Raza v Transport for London (2230322732, 25
September
2023)
HTML https://drive.google.com/uc?id=1IkhAPkzlDEaDGXncTmOc3KbMejyyaLUn
#Post#: 9316--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: Spinstorm
Date: November 5, 2023, 4:02 pm
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[member=1]cp8759[/member] Is it worth asking them for the make
of the camera used as per those two cases?
#Post#: 9317--------------------------------------------------
Re: TFL PCN on Red Route CCTV
DIR By: ivanleo
Date: November 5, 2023, 4:03 pm
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Normally I would suggest waiting for the video, as London's
streets are full of cameras and you want to make sure you ask
about the right one.
If you can work out 100% which camera it was, then by all means
do so, and please give us a google street view link to the
camera.
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