Author Topic: Advice Please! 46: Red Route parking in Lewisham London borough / TFL  (Read 1039 times)

0 Members and 161 Guests are viewing this topic.

Hi all.

I feel a bit robbed, so just want to check if there is any right of appeal against this...

I parked up on a Red Route which, if the pic i've attached here shows you, allows up to 30mins parking from 10am-4pm, so that I could enter and purchase from a shop right next to it. I arrived at approx 3:55pm (definately before 4pm), but the visit took a few mins longer than i expected, and im shown in a longer distanced TFL camera pic in their PCN letter to me, returning to the vehicle and starting the engine to leave at 4:06pm. no PCN was placed on the windscreen.

Do i have any reasonable grounds to appeal, considering i did arrive before 4pm, and was a customer of the shop behind it, and it being a relatively short period of time parked there?
I dont feel like ive taken the **** out of anyone, so it seems cruel to hammer me with a £80 (£160 If I dont pay soon). Is there a Grace period of 10mins, for example?

Hope to hear from somebody.

Thanks!

[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #1 on: »
Post the PCN, please.

Red Route parking bays cannot be enforced using CCTV, after a recent case which Transport for London lost. However they've taken it to judicial review so it's not yet final.

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #2 on: »
As Incandescent says, post up the PCN, redact your name and address only.

Also phone TFL and ask for the video, they will send you a DVD in the post and put the penalty on hold while you wait.
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: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #3 on: »
Hi Incandescent, Thanks for your response. 

The PCN is GX10277652.

sounds positive, that "Red Route parking bays cannot be enforced using CCTV". But do you have any official or legal info on that source, that I can utilise please? As obviously, if i just write to them in appeal stating that a random stranger on t'internet with likely no authority and who ive never met before, said you cant do that. it's not really goping to hold much weight for me! 

And clearly i dont want to have to travel to a magistrate court, have threatening bailiff letters for months, and lose sleep over the possibility of this fine eventually rising to hundreds and hundreds of pounds, in order to find out if your advice is correct!

If you can back up your statement and indicate what would be the right things for me to state in my appeal letter this coming week, i'd super appreciate it!

Thyank you!

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #4 on: »
Hi CP8759!  Thanks for your response.

The PCN is GX10277652.

Will they charge me for posting me a DVD? id rather not give them even more money than the fine charge, if i end up having to pay it, if possible.

Also what am I waiting for exactly? is it the judical review court case of TFL long distance camera footage being used to determine drivers parking conduct? is that likely to be completelty within the next couple of weeks then, because im assuming even with the DVD being sent, i wont have till the end of this year to decide whether or not to pay the lower amount of the fine.

Please advise, thanks!

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #5 on: »
There is no involvement with magistrates courts, the process is defined in legislation and is entirely civil not criminal unless you tell porkies on a witness statement, or a statutory declaration.

You are getting needlessly worked up. The maximum penalty is the PCN penalty. Bailiffs are only involved if you ignore everything, (i.e you don't pay or appeal the PCN).

I am sure our administrator will tell you the actual case on Red Route bays at London Tribunals.  It cannot yet be placed in the Key Cases list, because Transport for London have taken them to judicial review. Only when that is decided can it go in, unless the court agrees with Transport for London.  The court hearing is in November, I think.

Basically the message is - Worry not !

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #6 on: »
The PCN is GX10277652.
We need the number plate as well, and really it would be easier if you could just post the actual PCN on here.

Will they charge me for posting me a DVD? id rather not give them even more money than the fine charge, if i end up having to pay it, if possible.
No, it's free.

Also what am I waiting for exactly? is it the judical review court case of TFL long distance camera footage being used to determine drivers parking conduct? is that likely to be completelty within the next couple of weeks then, because im assuming even with the DVD being sent, i wont have till the end of this year to decide whether or not to pay the lower amount of the fine.
Don't worry about the lower amount for now, even if you challenge the PCN, TFL usually offers the discount anyway as long as your challenge is during the initial discount period. Requesting the DVD puts the case on hold anyway for a couple of weeks.

The judicial review is due to be heard on the 26 October, so we expect judgment in early November. That being said, there's another strategy that can be used.
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: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #7 on: »
 Dear cp8759, thank you for that additional info.

Im reluctant to show the original hard copy of the PCN, cautiously just incase anyone from TFL review team research and see these posts. However, as i can see it might help you, on top fo the PCN number listed previously, my car reg is LV05 VJV.

In your view, do you feel as though i may have any defence or valid argument based on what i described previously? Or would it likely be a case of my only chance is if Automated CCTV camera shots as evidence by TFL, is legally ruled to be not accuate or acceptable.  ??

Hope to hear frmo you.

Thanks!

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #8 on: »
Im reluctant to show the original hard copy of the PCN, cautiously just incase anyone from TFL review team research and see these posts. However, as i can see it might help you, on top fo the PCN number listed previously, my car reg is LV05 VJV.
Even if TFL found this post, there is nothing on here that could help them. We beat authorities by using the law, we do not rely on tricks or hiding things from them.

In any case that number plate doesn't exist according to https://vehicleenquiry.service.gov.uk/?locale=en, which probably explains why the PCN won't come up on https://tfl.gov.uk/modes/driving/challenge-a-pcn, which means that I can't make enquiries about the CCTV camera because I can't see any information about this ticket at all.
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: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #9 on: »
Sorry typo.   LW05 VJV

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #10 on: »
Can you give us a link to the exact location on google street view please?

Also have a read of this: https://www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf
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: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #11 on: »
Can you give us a link to the exact location on google street view please?

Also have a read of this: https://www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf
As far as I can see, with a quick skim through, it all hinges on the use of the word "and" in a particular place in the regulations !

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #12 on: »
Thanks for the tribunal documents. I had a quick skim through, specifically towards the end verdicts of each individual case. It appears that the majority of the PCNs that were ordered to be cancelled by the courts were based on "the PCN was served not by a CEO but by post on the basis of a
record produced by an approved device. For the reasons given at length above, we
hold that this was a procedural impropriety".
 
Could you explain in simple terms for me, what this means please?

in terms of my location: The PCN describes it as being 25-31 LEE HIGH ROAD, london, SE13.  But im 10% sure i was parked in front of 31 only.  However just 10 metres away - in front of 25-27, is a different red route sign (for disabled and loading only), than what was placed next to my vehicle.  Google maps appear to show these.

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #13 on: »
What it means is the regulations do not permit them to use CCTV to enforce parking bays on Red Routes.  They can still enforce, but any PCNs they issue must be served directly to the vehicle or the driver at the parking bay by a uniformed Civil Enforcement Officer, (CEO).

Your PCN was served by post, with the evidence being produced by a CCTV camera overlooking the parking bay. So really, it doesn't matter what bay you were parked in, the plain fact is the PCN has been unlawfully served according to a panel of adjudicators of London Tribunals. However, the matter is not yet final because Transport for London have taken the decision to the High Court for a judicial review of that decision. The judicial review is tomorrow.

Re: Advice Please! 46: Red Route parking in Lewisham London borough / TFL
« Reply #14 on: »
Wow its in the high court only 2 days later!?!  Shows the priority TFL gets over things like human rights abuses, etc!