Author Topic: Brixton, code 46: Stopped where prohibited (on red route or clearway).  (Read 715 times)

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Hi wonderful people,



I have received a PCN for stopping to pick up a passenger on a 'Double Red' line on the 13 December 2024. The road used to serve as a primary thoroughfare until it was designated a Low Traffic Zone. However, it still bears traces of its former status as a main road, evident in features like the presence of double red lines.


The PCN was sent via post but was away on holiday over Christmas and only saw the letter upon returning at 29 days after the issued PCN.

The notice states that

"A reduced charge of £80 is payable, allowing a 50% discount, if the penalty charge is paid not later than the end of the period of 21 days beginning with the date on which this notice was served. You must not ignore this notice. If you fail to pay the penalty charge or make representations before the end of the period of 28 days beginning with the date on which this notice is served, a charge certificate may be issued to you increasing the penalty charge payable by 50% to £240,00 (less any money already received)..."



The Penalty Charge Notice (PCN) escalated to £160. I lodged an appeal with TFL, submitting evidence of my travel, which was acknowledged but not approved due to it not being deemed a "short absence."

Date of notice: 13/12/23

Discount amount if paid before 21 days: £80

Current amount: £160

Location: Lambert Road SW2

https://maps.app.goo.gl/sMHnX16TchKpj7Ut7

PCN Scan:















Camera images:




I have received a Notice Of Rejection but missing any appeals forms or information stated on page 2, paragraph 5:

"If you want to appeal to an Environment and Traffic Adjudicator at London Tribunals please ensure you read the enclosed form carefully, in particular the Appeal Procedure.



Notice of Rejection:








As evident from the presented mitigating factors, TFL failed to demonstrate fairness or discretion in reinstating the initial £60 discount,

opting instead to maintain the elevated amount of £160.

A reasonable examination of this Penalty Charge Notice (PCN) and the situation surrounding its non-receipt during the Christmas holidays leads to the conclusion that TFL, in this instance, has embodied the Grinch by disregarding the fact that individuals often visit their families during the Christmas holidays.

So as it stands does it make sense to appeal this with the Environment and Traffic Adjudicator?
Any advice would be really appreciated!

Thanks,
pcnchallenger
« Last Edit: February 08, 2024, 03:56:22 pm by pcnchallenger »

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Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #1 on: »
Quote
So as it stands does it make sense to appeal this with the Environment and Traffic Adjudicator?
Make sense ?  It is a total no-brainer to take them to London Tribunals  ! They have not-reoffered the discount, (the mean and grasping sods), and the penalty will not increase, nor will there be any additional costs.  Of course there is a cost to them, of preparing the evidence pack and paying a fee to LT.

Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #2 on: »
Absolutely makes sense! Taking them to London Tribunals seems like the logical next step, especially since they haven't reoffered the discount. It's frustrating dealing with their reluctance, they seem to need the money coming in. I understand there's a cost on their end for preparing the evidence pack and paying a fee to LT, but it's only fair considering the circumstances.

What would the process be for taking them to London Tribunals? I have received no information from them whatsoever besides paragraph 5, page 2 from the Notice of Rejection which references a form not included.

Thanks for the advice Incandescent!

Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #3 on: »
You can register with London Tribunals on-line. Always ask for a hearing and NEVER for a decision merely on the papers. They may want a code number which is normally on the Letter of Rejection, but I'm not up to speed on the minutae of the process, others who deal with LT every day will know.

Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #4 on: »
Looks like its no longer possible to Appeal online with TFL on London Tribunals as TFL does not support the London Tribunals online system...

They do over the phone and email.

Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #5 on: »

Rules of Red Routes
Dropping off and picking up
Holders of a valid disabled persons parking permit (Blue Badge) may be set down or picked up.


Taxis and some private hire vehicles can stop to drop off and pick up passengers.


Do you qualify - I have received a PCN for stopping to pick up a passenger on a 'Double Red' line ? If not, then don't stop on DRL, there are cameras everywhere.

When and how did you make reps? According to you, you were on the cusp of the date after which they could have disregarded your reps?

Re: Brixton, code 46: Stopped where prohibited (on red route or clearway).
« Reply #6 on: »
Looks like its no longer possible to Appeal online with TFL on London Tribunals as TFL does not support the London Tribunals online system...

They do over the phone and email.
Do not post the form anywhere, I'm going to drop you a PM. At the moment it seems it's possible to beat all TFL PCNs without exception, just look at Lubavitch Synagogue v Transport for London (2230535074, 5 February 2024). I'll drop you a PM.
« Last Edit: February 12, 2024, 11:32:29 pm by cp8759 »
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