Author Topic: Contravention:46 Stopped where phohibited Holloway Road N7  (Read 754 times)

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Contravention:46 Stopped where phohibited Holloway Road N7
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Hi everyone,

I recently received a parking ticket for contravention code 46 (Stopped where prohibited on a red route or clearway) outside 369-375 Holloway Road N7, under TFL's jurisdiction. I had parked there while quickly popping into a shop to exchange a VR headset and Xbox, thinking I could park for 20 minutes as I was technically loading. I now realise that shopping does not count as loading.

I was only in the shop for about 10 minutes, but I made the mistake of thinking the same parking rules applied the following day, so I parked there again. I've requested the video evidence from TFL, as I've been following discussions about the legality of CCTV-based penalties. Although it seems courts have sided with TFL on this matter, I'm hoping to get some advice on whether there's any point in contesting this ticket given it was an honest mistake.

Here's the location on Google Maps for reference: https://maps.app.goo.gl/6QM7JwD8XgpXzZdb6

Any advice on how to proceed or if there's a viable defense would be greatly appreciated!

Thanks in advance for your help!

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« Last Edit: April 28, 2024, 10:46:57 pm by cp8759 »

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Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #1 on: »
The bay markings are white which indicates the bay is available at all times, and the sign seems to be twisted away from the road:







You don't want to mention any of this in your representations.

I have requested the traffic order, let us know when you've received the video please. If you haven't got the video in a week, chase it up, you must not miss the 28 day representation deadline regardless of whether TFL have told you the penalty is on hold.
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: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #2 on: »
Thanks for responding. I’ll update this thread once I get the video. I’ll try also to pop by the same road this week and see what the situation is with the sign and whether it’s facing away from the road.

Out of interest, why wouldn’t you mention these in the response to TFL when I challenge them?

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #3 on: »
Update: I drove down the same street today and the sign was indeed twisted away from the road. However, there is another sign maybe 4 or 5 shops up which is facing the car and quite clear

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #4 on: »
Update: I drove down the same street today and the sign was indeed twisted away from the road. However, there is another sign maybe 4 or 5 shops up which is facing the car and quite clear
Photos please?

The reason you don't want to mention questions of signage is because you don't want to warn TFL about what the holes in their evidence might be.
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: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #5 on: »
here's the photo i took yesterday. apologies, it's not the greatest because i didn't want to stop there again but it does give you an idea of how spaced out the signs are. the yellow circle is where the sign i parked outside is facing the other way and another sign correctly positioned is only a few doors away in blue circle

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Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #6 on: »
Hi everyone,

I have received my dvd. Please see link: https://drive.google.com/file/d/1XEqjzga5NnlUKxBOgQass9a2GaK730eu/view?usp=drive_link

I arrive at 16:26 and you can see me walk out with a laptop rucksack and then go in the back for a carrier bag full of stuff.

The video then cuts out at 16:40.

There's not much more to see. Any advice much appreciated.

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #7 on: »
If I have ordered the dvd does the deadline to get 50% reduction get extended? If not, I’ll have to pay this weekend

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #8 on: »
If I have ordered the dvd does the deadline to get 50% reduction get extended? If not, I’ll have to pay this weekend
TfL practice is to extend by a fixed 14 days. Some OPs have been caught out by just waiting for the DVD to turn up, but postal delays mean they ran out of the extension and lost the discount. However, look at the status of your PCN on their website. This should confirm this.

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #9 on: »
@tyersal I'd suggest going back there on foot (park in the vicinity or go via public transport) and get some proper photos of the signs. Please remember it's only the sign for the bay that you stopped in that counts, signs in other bays are irrelevant no matter how clear they are.

The PCN should have come off-hold today, and it went on-hold only 2 days into the 21 day discount period, so the discount should not expire before 2nd June assuming the TFL computer actually applies a hold and does not skim any days off the discount period.

On the other hand the statutory deadline to make representations is 22 May, so you cannot go past that, and it might take till 23 May to get the traffic order back.

In the circumstances, I'd suggest you make a representation now in order to protect your position, it doesn't really matter what you say as you just need to buy time, a bare assertion saying that no contravention occurred will suffice for these purposes.

The rejection letter will reoffer the discount for a further 14 days and as it will take a few weeks to come through, by then we should have the traffic order. If you're lucky there might even be a procedural impropriety in the notice of rejection.
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: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #10 on: »
Hi thank you all for helping me. I've decided to pay the fine this time before it reaches £160.

Re: Contravention:46 Stopped where phohibited Holloway Road N7
« Reply #11 on: »
Hi thank you all for helping me. I've decided to pay the fine this time before it reaches £160.
@tyersal up to you, but with TFL the penalty doesn't go up if you appeal, so you might have thrown your money away for nothing.
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