Author Topic: Lambeth Streatham high road 46 Stopped on a red route  (Read 222 times)

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Ken Masters

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #15 on: March 26, 2024, 11:32:03 am »
Yes of course:

GX13013442


H C Andersen

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #16 on: March 26, 2024, 04:35:40 pm »
And still no DVD?

Ken Masters

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #17 on: March 26, 2024, 06:55:12 pm »
Have received DVD.
The way the camera zooms in and out at crucial times does not help my case.
I'm unable to demonstrate the fact that my partner got out of the car and then got back in a little while later having walked the road to look for the sign.

here is the vid:
https://drive.google.com/file/d/116gFf_bqIBY71C6vRVYf8z7c9zldlJ5c/view?usp=sharing

If any suggestions please chime in. I was hoping to be able to rely on the video and/or raise the variance between the camera model used and the camera cetified..

Thanks


cp8759

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #18 on: March 31, 2024, 09:30:27 pm »
@Ken Masters let us know if you get a rejection, there's a flaw in the rejection which means we can almost certainly beat this.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Ken Masters

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #19 on: April 03, 2024, 05:04:03 pm »
@cp8759 original notice of rejection below:

https://drive.google.com/file/d/1eqih7JW5IFSVIQp2roxN3kUByAU4kk8g/view?usp=sharing

is there a flaw in it?

Thank you

cp8759

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #20 on: April 03, 2024, 05:51:19 pm »
The notice of rejection has the same flaw as the ones in these cases:

Nayeem Haque v Transport for London (2220767288, 15 November 2022)
Mike Welch v Transport for London (2230428700, 18 November 2023)
Lubavitch Synagogue v Transport for London (2230535074, 5 February 2024)
Commercial Plant Services Ltd v Transport for London (2240018512, 12 February 2024)
Mathew Mathai v Transport for London (2240062219, 15 March 2024)

It does seem that by repeatedly chasing the video you have stopped TFL from increasing the penalty sooner, which is both good and bad. On the one hand the you can't show that the ambiguous wording has put you at a clear-cut disadvantage, but that does not wholly negate the argument because as Mr Chan said in the review of the Commercial Plant case, a motorist reading your rejection might think the full penalty amount is 80 and might pay that amount on day 28 and then end up with a charge certificate.

The positive news is that if an appeal is received when the penalty is at the 80 rate, TFL only seek 80 at the tribunal stage, so you might get a free roll of the dice.

The only risk is that the penalty might go up to 160 between the time when you file an appeal and the time when the tribunal notifies Transport for London of the appeal, one way to mitigate this issue would be to pay 80 today but appeal anyway, knowing that in all likelihood if you lose TFL would not seek the additional 80, but if you win you'll get the 80 back.

The real problem you have is that the tribunal deadline to appeal is midnight tonight, so you only have a few hours left to make a decision.

I'm going to send you a PM with some options should you wish to engage me as your representative.

Incidentally if you appeal you ge the video as part of the appeals process, which might be the quickest way of getting it given the delays you've encountered.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Ken Masters

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Re: Lambeth Streatham high road 46 Stopped on a red route
« Reply #21 on: April 03, 2024, 06:41:14 pm »
@cp8759 thank you have replied to your PM.