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TFL Rejected Appeal - One Minute Stop In Red Route Bay - Archway

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#1
Money is tight and I am a single parent

I parked for one minute in a red route bay O/S 26-268 Archway Road - The picture shows my car enter at 08:59:18 and leave at 09:01:00 - A total of one minute 40 seconds

I sent of an appear to TFL saying that I had a warning light whihc caused me to pull over but they rejected it - I got out the car to read the sign and saw the sign hurried off and pulled in further down the road

I have two questions

1) If I appeal to the adjudicator and lose will I be able to pay £80 or will it increase to 160?

2) Is 1 minute 40 seconds to read the sign reasonable or can you not stop even for one second?


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#3
Give us the PCN number and the number plate and I'll see if we can find some more substantive grounds of appeal.

Also did you really have a warning light, or did you make that up?
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
#4
The PCN is GX19171253 and the car is MV11OKX - Yes I did have a warning light

Thank you for helping

There was an appeak at the same location which is interesting to read as followws -
-
londontribunals.org.uk


"The Appellant has attended for his appeal.

The Authority's case is that the Appellant's vehicle was stopped where prohibited when in Archway Road on 25 June 2024 at 08:40.

The Appellant's case is that he relied on the painted words adjacent to this box which were LOADING ONLY when he stopped briefly to make a commercial delivery.

I have considered the evidence and I find that the overall signage at this location was inadequate and misleading.

The Authority has not produced the CCTV footage in this case. On the evidence before me the sign plate in this box appears almost hidden against shop premises and too easily missed.

Further, the large painted words adjacent to the location where the Appellant's vehicle was stopped LOADING ONLY are not prescribed by the TSRGD 2016 to be painted adjacent to a red route box, and I find that it has caused confusion and ambiguity.

Accordingly, I find that the overall signage was inadequate and misleading and that this PCN is not proved.

The appeal is allowed."

#5
Can you please post the original PCN? Just redact your postal address.
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
#7
Hi thanks so much - Here it is - Should I pay the fine and then appeal to the tribual ?


Paying the penalty closes the case!

As far as I can see, you've missed the re-offered (if the discount was on hold) discount (by my calculation that expired at midnight last night - what is the PCN's online status?) so you have nothing to lose by appealing further.
Don't pay and wait for ther experts' views is my advice - but do not miss deadlines.
#8
Does paying a penalty stop the appeal?  If the appeal is decided in my favour then they would have to refund that.

I saw a few cases where the appeal inspector states that a refund would be given if penalty had been paid

Its still showing as £80 and I definitely cannot afford 160 which makes me nervous
#11
Quote
Should I pay the penalty now which is still £80 and then appeal it?

As said earlier, paying closes the case and you may not then appeal.

The one exception is where a car has been towed, and you have to pay for release from the pound - then you may appeal.
#13
The penalty charge is £160, not £80.

The discount sum is a one-off and time-limited(as regards legislation) offer to motorists. TfL are not obliged to re-offer the discount.

What you're implying is that any motorist should be able to exhaust the enforcement and appeals processes at no financial cost to them. As you can imagine, this would encourage '000000s of potentially frivolous appeals and clog the system. 

Without the video- which is their primary evidence and a key element in your defence- we and you are blind.

..but not them.

Get hold of the video pl.   
#14
On the back of the last response I made the payment

And I am still going to lodge the appeal which if I win will cause the penalty to be reimbursed

There seems to be misinformation on this site regarding paying the penalty and then appealing (which from what I can see is allowed) versus securing the discounted rate
#15
you're hoping for a refund on an appeal that they will never accept. now they have your money  it's good night Vienna.

please send your appeal and then come back to let us know how you got on.
Quote from: andy_foster
Mick, you are a very, very bad man