Author Topic: Parked for a short time in red bay within the normal allowed time - received PCN! (threads merged)  (Read 608 times)

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Phf69

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Thanks - what do you mean exactly?

H C Andersen

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Your PCN was issued under reg. 10.

You've made formal reps which have been rejected.

Your only choices are to pay or appeal.

Appeal grounds
The contravention did not occur...as in

The only traffic sign indicated that conditional parking was an exception to the RR prohibition and you parked in compliance with those conditions i.e. between 10am and 7pm. as evidenced by the PCN which errantly alleges a contravention occurred at 17.02.

Phf69

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Thanks - I am certainly thinking of appealing on those grounds. That is basically what I said in my first appeal - that it did not occur. I’ll wait a little longer before finally deciding - I think I will get the CCTV footage as well as it may be useful. It’s a nuisance having to send off for it, though.

H C Andersen

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You register your appeal now.

Grounds: contravention did not occur.

I rely upon my formal representations but may submit further representations upon receipt of the authority's CCTV and evidence bundle.

You then select a date for a personal hearing(which would be by phone I suggest).

You may postpone this date if TfL's CCTV has not been received, so I suggest selecting a date in December.

stamfordman

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The video won't add anything - will just show the same view as the stills although may show you parking or leaving.

Phf69

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Thanks for the messages - I have asked for CCTV footage, but it may not be that relevant. I just don't want to miss something TFL may use against me. I'll have a think about how to go ahead with my appeal. Is a personal hearing more likely to be successful? I would still write the details on the appeal form and at that stage is it possible TFL will not contest it?

H C Andersen

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Which is showing something because the camera is more than capable of capturing the applicable traffic sign, but perhaps hasn't.

As I posted and without wanting to get too energised at this stage - in particular because the OP has not posted their FoI request as asked- but something is seriously amiss here irrespective of the PCN. (which OP will be cancelled based upon your evidence. To top and tail this do you have a photo with a time/date stamp?)

There is NO evidence for at least 12 years that anything but a 10am-4pm sign has been in the first bay. So how did the OP manage to produce a photo with a 10-7 prohibition with exactly the correct background?

Because it's there is the obvious answer.

If TfL did not actually check what sign was present before responding to the FoI then IMO someone's going to be carpeted over this.
« Last Edit: November 05, 2024, 10:41:27 am by H C Andersen »

Phf69

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Thanks, HCA - I'm a bit more sceptical about my chances, but all the help you, and all the others, have given me makes me feel much more positive.

H C Andersen

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How can you be sceptical if you know that the sign you posted was in situ when you parked?

Phf69

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I don't know what TFL will come up with! When I appealed first of all I was pretty convinced that I had a very good case which is why I didn't look into it as well as I could/should have. I was really surprised when they came up with that 'archive' sign to prove their point - I see that it's taken from a computer image and probably dates back quite a while. I bet they've used it again and again to argue their case about this bit of road.

H C Andersen

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Where is your FoI request pl.

Is your photo date/time stamped?

Phf69

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I haven't received any reply yet - they said they would reply first as to whether it is a valid FOI request - within 2 working days - by tomorrow.

H C Andersen

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Where's your request pl?

Phf69

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FOI - I filled in a TFL form and am waiting for their reply. I’m sorting my photo out with a date/time stamp.

H C Andersen

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I'm trying to find out what you asked in your FoI.