doing this for a friend and yes it transpires car was parked in the loading bay area for just over 20 minutes and no loading had taken place, the sign was visible too, so on all accounts fault lies with him I guess?
Well he's at fault but that does not mean the PCN cannot be successfully challenged.
Firstly tell him to call TFL first thing on Tuesday on 0343 222 3333 and to ask for the video, TFL will send him a DVD in the post and put the penalty on hold while he waits.
Second, here are the photos:
Third, your friend is impatient and has jumped the gun:
It doesn't matter as there's a winning appeal here, though not on the basis of whatever he's submitted. However ask him for a copy of what he's sent.
And now the important bit: The PCN is dated 28 April which was a Sunday, and TFL do not have any postal collections on a Sunday (I have this in writing from them). Paragraph 3(1)(a) of
Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 says that:
Particulars to be included in a regulation 10 penalty charge notice[/i]
3.—(1) The information to be included in a regulation 10 penalty charge notice is—(a) the date of the notice, which must be the date on which it is posted,
The word "
must" makes this mandatory and there's no getting out of it, there has been a procedural impropriety. This ground has won before, see these cases:
Cristina Cornea v Transport for London (2230309290, 24 July 2023)Martin Tony Arlington v Transport for London (2230244402, 23 August 2023)If you friend gets a notice of rejection I would definitely appeal this to the tribunal, though your friend probably wants our help as technical arguments like this are not really suited to a DIY appeal.
