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TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera operator,

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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #2 on:
#3
Send this:

Dear Transport for London,

I challenge liability on the basis of a procedural impropriety, specifically it is unlawful for you to serve a postal PCN in these circumstances. I refer you to the red route panel decision in Commercial Plant Services Ltd & others v Transport for London (2230060716, 25 May 2023) published at www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf

It follows that the PCN must be cancelled.

Yours faithfully,

If they reject, I'll sort out the tribunal appeal for you.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #5 on:
#6
Copied over from Pepipoo:-

OP----in previous cases TfL have either tried for an adjournment or asked the appellant to ask the Tribunal for an adjournment.

However in your case they haven't made such a request or asked you to place your case in abeyance.

You need to read the Decision in this case:-

http://forums.pepipoo.com/index.php?showto...t&p=1787830

So you have been prejudiced by an unlawful demand for money.

The Chief Adjudicator makes it quite plain that TfL cannot act in this fashion and that appellants cannot be placed in this prejudicial position.

Submit an appeal to the Tribunal and ask for costs (4 hours at £19ph should do it). That's just your time and effort in researching and incidental costs.

Mike
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #6 on:
#7
I think you have standing to oppose the judicial review, but first you need to appeal the PCN.

For the sake of simplicity, would you like me to represent you at the tribunal?
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #8 on:
#9
I have sent you a PM.

Also, you might want to have a look at this thread: https://www.ftla.uk/the-flame-pit/tfl-judicial-review-326/
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #10 on:
#11
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #11 on:
#12
Outcome but we expect TFL to seek a review.
Logged
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #13 on:
#14
They will all follow the panel decision for the time being at least.  Congratulations.  But, yet another example of a voracious and shameless authority attempting to rip off people who are not so fortunate as to come on here and fight.
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@Incandescent!

I AM ABLE TO TAKE ON MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. I HATE RETIREMENT.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
Reply #14 on:
#15
Lol TFL not happy?


Dear Mr XXXXXXX

TfL has sought a review of the decision of the adjudicator in your case. It has also sought an urgent judicial review of the leading decision in the High Court.

The Chief Adjudicator has directed that the review application for your case be suspended until the lead case is heard at the High Court.

We will contact you again in due course.


Yours sincerely,

Case Management Team
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