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DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
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#Post#: 10819--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 21, 2023, 7:05 am
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The narrative for the appeal I have added is as below.
There was a malfunction with the seat belt which created a big
distraction for the driver and hence there was a need to stop on
the side of the road to investigate. At no point did the driver
step out of the car as you can see the engine and brake lights
switched on throughout the period. I also visited the car
service centre next day to get the issue diagnosed and resolved.
The contravention happened as the driver was alarmed by the
issue with the car. In light of the circumstances I would
request you to exercise your discretion and cancel the penalty
charge. Yours faithfully.
I can get some paperwork from the garage if they ask for more
evidence.
#Post#: 10978--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: ivanleo
Date: November 22, 2023, 5:05 pm
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--- Quote from: flash2005 link ---
>
> Many thanks.
>
> Are there any other technical elements on the PCN (mistakes
etc.) on the basis of which this can be contested ?
>
--- End Quote ---
Yes: firstly there is no designated parking place under the TRO,
so the contravention cannot occur because the car cannot have
been in a designated parking bay or place.
Secondly, the sign is not authorised by the Traffic Signs
Regulations 2016, and TFL do not have a special authorisation
from the Secretary of State, so it's not a traffic sign at all.
It's an unlawful obstruction of the highway.
#Post#: 10998--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: November 23, 2023, 3:50 am
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--- Quote from: cp8759 link ---
>
> [quote author=flash2005 link=topic=981.msg10713#msg10713
date=1700492747]
> Many thanks.
>
> Are there any other technical elements on the PCN (mistakes
etc.) on the basis of which this can be contested ?
>
--- End Quote ---
Yes: firstly there is no designated parking place under the TRO,
so the contravention cannot occur because the car cannot have
been in a designated parking bay or place.
Secondly, the sign is not authorised by the Traffic Signs
Regulations 2016, and TFL do not have a special authorisation
from the Secretary of State, so it's not a traffic sign at all.
It's an unlawful obstruction of the highway.
[/quote]
Can this this appeal be done at the first stage or will it have
to be done at the tribunal stage ?
#Post#: 11148--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: ivanleo
Date: November 25, 2023, 4:41 am
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--- Quote from: flash2005 link ---
>
> Can this this appeal be done at the first stage or will it
have to be done at the tribunal stage ?
>
--- End Quote ---
You've told us you made a representation already so you'll have
to wait for the notice of rejection. Once you have that, I'm
happy to sort out the tribunal appeal for you.
#Post#: 12326--------------------------------------------------
Re: TFL parked in a suspended bay - Commercial Road
DIR By: flash2005
Date: December 13, 2023, 5:13 am
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Today I got a letter from TFL saying that they have cancelled
the PCN. Many thanks for all the help on this to get this
successful outcome.
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