Free Traffic Legal Advice

Hello everyone hope you are all doing well.
I came here from MSE where I found very helpful people from this community (@ivanleo thank you!) that offered help with my case and represantation.

Recently, I received a PCN for an alleged stop at a red route or clearway. I was provided with two snapshots, timed respectively at 19:52:10 and 19:52:11, and there's only a 1.4-second difference between them. These snapshots are supposed proof that I committed a violation and should pay a penalty of 80 quid.

I'm questioning whether this penalty is justified at all, hear your opinion. Furthermore, in both pictures, I am inside the car, and the engine is running.

What are your thoughts on this matter? Any advice or insights would be greatly appreciated. Do you think I should challenge this decision, and based on your broad experience in the field, how can I successfully do so? The car was running when this picture was taken, and I stopped for only 1 second, just to join the line of cars.

Thanks in advance.

Juliya

PCN attached.

Gmaps location:
https://goo.gl/maps/BYBUchCLwHGGASvP7

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It hardly matters what the video shows, here's what you should sent:



Your chances of success are virtually 100%, as TFL have lost every single appeal since the panel decision in May. If you want to read up on it, see https://www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf and the review at https://drive.google.com/file/d/1MuUHGsMkemuPt6esWEcWyTHmCzG47ssT/view?usp=sharing

It hardly matters what the video shows, here's what you should sent:

Dear Transport for London,

I challenge liability on the basis of a procedural impropriety, I refer you to the panel decision in Commercial Plant Services Ltd and others v Transport for London (2230060716, 25 May 2023) which was recently upheld on review before the chief adjudicator.

Yours faithfully,

Your chances of success are virtually 100%, as TFL have lost every single appeal since the panel decision in May. If you want to read up on it, see https://www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf and the review at https://drive.google.com/file/d/1MuUHGsMkemuPt6esWEcWyTHmCzG47ssT/view?usp=sharing

Hello,

Thank you all for your input and you, especially @Incandescent
I did exactly as you suggested and sent them over my representation word in word-as you indicated me to do so.

After almost a month I received this in my email inbox.

A letter of rejection of my representation.

in summary:

This is a Notice of Rejection from Transport for London (TfL) in response to a representation received regarding a Penalty Charge Notice (PCN).
The recipient had challenged the PCN on the grounds of a procedural impropriety, referencing a recent judgment related to red route PCNs.
TfL disagreed with the recipient's argument, stating that they believe the PCN is valid and that there has been no procedural impropriety.

The PCN was issued because the recipient's vehicle was observed stationary in a red route loading bay outside the permitted times,
which constitutes a contravention. TfL emphasized that it is the driver's responsibility to be aware of and comply with red route restrictions,
as indicated by statutory signs and road markings.

TfL has considered the representation but has decided not to cancel the PCN, as they do not believe the mitigating factors presented are sufficient.
The recipient is instructed to make payment for the outstanding Penalty Charge Notices, with different payment deadlines for discounted and full amounts.

Additionally, the letter informs the recipient of their right to appeal to an Environment and Traffic Adjudicator at London Tribunals
within 28 days of the letter's service. The letter provides information on how to appeal and warns of the possibility of costs being
awarded against either party if the appeal is deemed unreasonable. Failure to pay or appeal within the specified timeframe may result in additional charges and legal action.

Payment options are provided, including online, via a mobile app, or by post, with clear instructions on how to make payments.
The letter includes the PCN number and the outstanding balance of £80.00.

A full copy of this letter can be found in the attachment.

Is there any viable way out of this but going full ballistic with TFL?

Thank you all again for your ongoing help and support.

Juliya.





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Costs are only awarded against a party who is "wholly unreasonable", this is an extremely high bar and really costs orders against appellant are only awarded where the appellant has submitted false evidence, sworn at a civil enforcement officer or otherwise behaved in a dishonest or reprehensible manner, so you don't need to worry about any costs.

Anyway, have you got the video from TFL?

Also, can you post the last page of the rejection please?

Would you like me to represent you at the tribunal?

While no legal dispute is risk free, the red route argument is amongst the most solid we've got.