I have indeed provided additional evidence for TFL today that included email with resident association conforming the issue and copies of their communication with the Royal Mail and the local MP regarding this. Realistically I’ most likely will get Notice of Rejection that then will allow me to appeal to the London Tribunal.
@Teacholic that would be unfortunate as it would limit both the chances of a winning appeal, and the time available to formulate such an appeal.
I think the London Tribunal will accept the appeal under ‘The penalty charge exceeded the amount applicable in the circumstances of the case’ - because I have not received PCN due to Royal Mail letter delivery issues that I can prove and think the judge or whoever makes the decision would cancel the charge or increase.
No, that's not how this works, that's not how any of this works: you don't get out of a penalty charge simply because a letter was lost in the post. It's not the fault of TFL if a document was lost in the post and they don't lose their ability to collect a penalty simply because of that.
@H C Andersen thanks for the link outlining procedures relating to PCNs. It re-assures me that it will not go straight into Country Court. In all honestly, because we are planing to move within couple-ish of years, I do not want to risk having the debt registered and CCJ on my record and difficulty having it ‘set aside’ or cancelled and still showing up 1-2 years later.
Again, that's not how any of this works: a PCN does not result in a CCJ, at worst it results in an Order for Recovery and while an OfR can be enforce
as if it were a CCJ, it isn't a CCJ and it doesn't come up on your credit history. That's also why you cannot have it set-aside as you would do with a CCJ. For reasons which I won't go into, you would have no cause of action against Royal Mail either.
@cp8759 & @H C Andersen do you think my appeal to London Tribunal under ‘ The penalty exceeded the amount applicable in the circumstances of the case’ will be accepted? Are there any other grounds I can appeal the PCN charge that you can see with posted information below, including the photos?
Based on your current proposed arguments, there is no possibility of this being accepted because TFL did not do anything wrong and it's not their fault if the postman delivered the PCN to another address or even if he threw it into the Thames.
I think you mentioned wanting TFL to commit procedural impropriety. So far they have not been a procedural impropriety I use as grounds for appeal to the Tribunal?
I can't see any so far, however while you're getting somewhat carried away with irrelevant matters, it's always good to go back to basics.
The car appears to be stopped in this bay:
https://maps.app.goo.gl/MoseiV9yxiJi6QYj9The sign on Google street view says no stopping from 7 am to 7 pm, and the photos are timed at 9:23 and 9:24 pm, so on the face of it there is no contravention. I would suggest you go back and get some updates photos of the signs. It might be that the restrictions have changed, but if they're still as seen in the Google picture from January 2022 then it really is open and shut. I have checked the traffic orders I have for this red route (copies
here) and none have been made between January 2022 and 6 September 2023 when I got them, but I'll check if any more orders have been made since.
It's also worth noting that while the bay is clearly there, in the photos TFL has extracted from the video there doesn't appear to be an upright sign for the bay
at all, so even if there's a new traffic order there could well be a winning appeal based on lack of signage:
Of course nothing beats going back to the location to get some updated photos close-up.
