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#Post#: 9397--------------------------------------------------
TFL - Bromley Road 46: Stopped where prohibited
DIR By: Aubama
Date: November 6, 2023, 11:39 am
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TFL - Bromley Road 46: Stopped where prohibited
Hi there, please could I get assistance with appealing this
alleged contravention..my missus had parked for literally less
than 2 minutes to buy water for my our daughter.
HTML https://i.ibb.co/vVL9tDr/IMG-6659.jpg
HTML https://ibb.co/sbs7BtD
HTML https://i.ibb.co/TKRj48Y/IMG-6660.jpg
HTML https://ibb.co/mvtZ9qb
HTML https://i.ibb.co/1r3TnG2/IMG-6661.jpg
HTML https://ibb.co/GWXRJQP
HTML https://i.ibb.co/7JQJdyW/IMG-6662.jpg
HTML https://ibb.co/4Z2ZnNT
HTML https://i.ibb.co/XbM2x4p/IMG-6663.jpg
HTML https://ibb.co/JKgBjd2
HTML https://i.ibb.co/mvzpbGQ/IMG-6664.jpg
HTML https://ibb.co/f80Jq2m
Thanks for your assistance
#Post#: 9403--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: fraser.mitchell
Date: November 6, 2023, 12:04 pm
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PCN is no good on its own; we need to see where the vehicle was
parked/stopped. If you could post-up a GSV link telling us
exactly where you parked it would help.
PCN says o/s 415-418 Bromley Road, so here is a GSV link: -
HTML https://maps.app.goo.gl/Xgruoyeb1CwiMGTo8
There is a parking bay allowing 1 hour between 0700 to 16.00.
Outside that it is No Stopping up to 19.00. Your PCN has the
contravention at 18.08, so well within the restricted times.
There is a case at Judicial Review by Transport for London,
following a London Tribunals decision that CCTV could not be
used for enforcing parking bays on Red Routes. However, no
decision yet. If TfL lose, you'll have a get-out-of-jail-free
card. If they win, you look to be bang-to-rights on the face of
it.
#Post#: 9448--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: Aubama
Date: November 7, 2023, 1:46 am
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--- Quote from: Incandescent link ---
>
> PCN is no good on its own; we need to see where the vehicle
was parked/stopped. If you could post-up a GSV link telling us
exactly where you parked it would help.
>
> PCN says o/s 415-418 Bromley Road, so here is a GSV link: -
>
HTML https://maps.app.goo.gl/Xgruoyeb1CwiMGTo8
> There is a parking bay allowing 1 hour between 0700 to 16.00.
Outside that it is No Stopping up to 19.00. Your PCN has the
contravention at 18.08, so well within the restricted times.
>
> There is a case at Judicial Review by Transport for London,
following a London Tribunals decision that CCTV could not be
used for enforcing parking bays on Red Routes. However, no
decision yet. If TfL lose, you'll have a get-out-of-jail-free
card. If they win, you look to be bang-to-rights on the face of
it.
>
--- End Quote ---
I see and thanks for posting the GSV also..so would you suggest
waiting for the outcome of the TFl Judicial review?
#Post#: 9458--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: fraser.mitchell
Date: November 7, 2023, 4:39 am
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No, because you could miss the deadline for submitting reps, (or
paying, of course). That would mean game, set, and match to
Transport for London. You need to submit something. Hopefully by
the time TfL reply, we'll know about the judicial review.
#Post#: 9605--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: Aubama
Date: November 8, 2023, 12:24 pm
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--- Quote from: Incandescent link ---
>
> No, because you could miss the deadline for submitting reps,
(or paying, of course). That would mean game, set, and match to
Transport for London. You need to submit something. Hopefully by
the time TfL reply, we'll know about the judicial review.
>
--- End Quote ---
I see, could you point me in the right direction regarding
submitting a defence or should I just explain what happened to
them?
#Post#: 9632--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: fraser.mitchell
Date: November 8, 2023, 4:51 pm
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--- Quote from: Aubama link ---
>
> [quote author=Incandescent link=topic=871.msg9458#msg9458
date=1699353553]
> No, because you could miss the deadline for submitting reps,
(or paying, of course). That would mean game, set, and match to
Transport for London. You need to submit something. Hopefully by
the time TfL reply, we'll know about the judicial review.
>
--- End Quote ---
I see, could you point me in the right direction regarding
submitting a defence or should I just explain what happened to
them?
[/quote]
Basically, you submit a "holding" representation. This will
essentially be around what you have told us about the
circumstances, and omitting mention of the CCTV issue (the
judicial review). If the JR decides London Tribunals are correct
during the time by which they inevitably reject your reps, you
can take them to London Tribunals. If the JR goes against London
Tribunals, you will probably be in for the discount.
#Post#: 9646--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: Colin_S
Date: November 9, 2023, 2:00 am
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The Traffic Signs Manual, Chapter 3, Paragraph 16.1.4 states:
“All upright signs should face oncoming traffic as drivers need
to be able to read them without stopping, otherwise they might
be committing an offence.” Does this apply to parking bay
signage as the one in the GSV does not face oncoming traffic,
rather it is parallel to it?
#Post#: 9661--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: H C Andersen
Date: November 9, 2023, 7:29 am
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From the regs:
Particulars to be included in a regulation 10 penalty charge
notice [which is what you have]
3.—(1) The information to be included in a regulation 10 penalty
charge notice is—
(a)the date of the notice, which must be the date on which it is
posted,
The Date of Notice is 29 October 2023 which was a Sunday. OP,
IMO your reps could be as simple as 'I note the Date of this
notice' is given as 29 October.
This was a Sunday.
The regulations require that the date of the notice '..must be
the date on which it is posted'. TfL must prove that the PCN was
so posted failing which it must be cancelled.
Wait for other views.
#Post#: 10002--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: ivanleo
Date: November 12, 2023, 6:16 pm
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Go with H C Andersen's suggestion, this really is open and shut.
I have an FOI from TfL saying they only post notices Monday to
Friday and this has won before, see Cristina Cornea v Transport
for London (2230309290, 24 July 2023)
HTML https://drive.google.com/uc?id=1z-7nXLFc-FUU2A5MEZqnT_r6VvL1EpD6.
#Post#: 10914--------------------------------------------------
Re: TFL - Bromley Road 46: Stopped where prohibited
DIR By: Aubama
Date: November 22, 2023, 6:49 am
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Hi, so my response will simply be:
Dear sirs,
I note the Date of this notice' is given as 29 October, which is
a Sunday.
The regulations require that the date of the notice must be the
date on which it is posted.
Regards,
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