3. TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
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TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
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Good evening,

I was issued a 46 red route PCN and made an initial appeal - admittedly this was rather hurried. I then happened upon the Tribunal decision of 23rd May that stayed the use of CCTV to enforce parking violations on red routes was not appropriate. I elected to go to the Tribunal citing this 'procedural impropriety' as a way to appeal..I have a date of 31st July for the hearing but on receiving TfL's bundle I find they're challenging the panel's decision. I find myself facing the tribunal when TfL are arguing over the legality of the decision - I don't believe this is fair under the circumstances.

I have added a link to my original post on Pepipoo and invite further comment.

http://forums.pepipoo.com/index.php?showtopic=150411&pid=1787272&st=0&#entry1787272

Many thanks,

James
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Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #1 on: »
Don't worry, because I believe TfL lost their review application. CP8759 will confirm. 

If they take it to Judicial Review, (which could take many months), your case will not be affected. However we think TfL will lose at a JR too.
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Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #2 on: »
TFL's review application was refused, but it seems inevitable they will take it to judicial review. In order to include your case in the review, they will need to send you a pre-action protocol letter.
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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: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #3 on: »
Thank you both for your replies - this is gaining momentum and is developing on Pepipoo. I know you both contribute and can I thank you both for helping out.
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Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #4 on: »
To be honest you don't really need to worry about the tribunal stage, it's all but a given that the appeal will be allowed.
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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: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #5 on: »
My appeal was successful but TfL have, in turn, appealed that decision.

I will cut and paste my entries on Pepipoo here.

TfL are taking the **** with this - they know full well about the decision but persist with CCTV issued PCNs knowing that the vast majority pay up. It's purely a revenue stream for them and they could easily issue PCNs through CEOs and comply until such time any JR is resolved.

I will dig out the basis for TfLs appeal and post but at the moment just sitting back and waiting for it all to play out.
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Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
« Reply #6 on: »
Keep an eye on this thread for updates: https://www.ftla.uk/the-flame-pit/tfl-judicial-review-326/
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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
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