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#Post#: 10696--------------------------------------------------
TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 20, 2023, 6:00 am
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My wife had stopped for some time (10 mins approx) on commercial
road, to re-adjust the baby's car seat on Sunday. There are no
stopping restrictions on Sunday, and you can see in the pictures
that the car brake lights are on. At no point did anybody step
out of the car. However a ticket has been issued for parking by
TFL. Are there any grounds to contest this please ?
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#Post#: 10704--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: fraser.mitchell
Date: November 20, 2023, 8:13 am
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The bay is suspended, you can see the black plastic cover over
the sign for the bay. Indeed the bay needs to be removed,
because TfL have put in a 24x7 bus lane there.
HTML https://maps.app.goo.gl/iS6FgMZ8CYAfW2Nr9
GSV shows the bay sign there with the 24x7 bus lane which means
nobody can access the bay anyway. Your wife could have been
done for entering the bus lane.
I'm assuming the bus lane is still 24x7
#Post#: 10706--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 20, 2023, 8:30 am
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--- Quote from: Incandescent link ---
>
> The bay is suspended, you can see the black plastic cover over
the sign for the bay. Indeed the bay needs to be removed,
because TfL have put in a 24x7 bus lane there.
>
HTML https://maps.app.goo.gl/iS6FgMZ8CYAfW2Nr9
> GSV shows the bay sign there with the 24x7 bus lane which
means nobody can access the bay anyway. Your wife could have
been done for entering the bus lane.
> I'm assuming the bus lane is still 24x7
>
--- End Quote ---
Yes you are right, the bus lane rule has been violated here, but
the contravention given by the operator is related to parking.
Is there a 10 minute grace period applicable ? Are there any
grounds to appeal this ?
#Post#: 10708--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: fraser.mitchell
Date: November 20, 2023, 8:41 am
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The grace period applies if you over-run parking time in a
designated parking place. Here it is no longer a designated
parking place. Frankly, I see no appeal argument at all, as
your narrative does not indicate any urgent action was needed.
Stopping like this is always covered by "Unable to proceed for
reasons outside the control of the driver". As it stands, I
can't see this applies unless you can tell us different.
#Post#: 10709--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 20, 2023, 8:44 am
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--- Quote from: Incandescent link ---
>
> The grace period applies if you over-run parking time in a
designated parking place. Here it is no longer a designated
parking place. Frankly, I see no appeal argument at all, as
your narrative does not indicate any urgent action was needed.
Stopping like this is always covered by "Unable to proceed for
reasons outside the control of the driver". As it stands, I
can't see this applies unless you can tell us different.
>
--- End Quote ---
Stopping was required for safety reasons as the seatbelt for the
baby had to be adjusted. But it is difficult to provide any
concrete evidence other than this argument itself.
#Post#: 10712--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: fraser.mitchell
Date: November 20, 2023, 8:57 am
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Nothing wrong with that argument, most things like this are
impossible to prove with solid evidence, but they are valid
nonetheless. but inevitably, you'd have to go to London
Tribunals for an unbiased decision. This would mean forgoing the
discount.
If you do go there, it would be essential for your wife to
attend the hearing so the adjudicator could ask questions. This
would normally be by telephone. The civil law test of "on the
balance of probabilities" is used, not the criminal test.
Supporting your argument would be stopping there in the first
place. Why would a normal motorist stop there if it wasn't
something important ? As you say, nobody got in or out of the
car. You could win this at the adjudicators, but you'd be in
for £130 if you lost.
#Post#: 10713--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 20, 2023, 9:05 am
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Many thanks.
Are there any other technical elements on the PCN (mistakes
etc.) on the basis of which this can be contested ?
e.g. I was reading the TFL section in the PCN Spreadsheet. There
is a mention of - Red routes - no stopping in a bay cannot be
enforced by CCTV, which is similar to this situation.
#Post#: 10721--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: fraser.mitchell
Date: November 20, 2023, 10:01 am
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TfL took London Tribunals to judicial review on the CCTV matter.
Unfortunately they won, so CCTV can be used to enforce bays on a
Red Route.
#Post#: 10810--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 21, 2023, 5:54 am
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I have submitted an appeal today citing mitigating
circumstances, will report back once I get a response. Many
thanks.
#Post#: 10814--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: fraser.mitchell
Date: November 21, 2023, 6:17 am
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I think I might have been a bit more forceful. There is a long
standing principle that you cannot be penalised for
circumstances beyond your control as a driver. However, it's not
entirely clear from your original narrative whether the need to
adjust your child's car seat belt was urgent enough to force a
stop.
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