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 - I asked for information about a change of parking restrictions in the period from 17/9/24 to 26/9/24. I doubt they can provide it and I know I have opened myself up to TFL using this information against me, but I wanted to have clarity about this prior to making an appeal. If they say no there was no change they have no case at all!

H C Andersen

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What case do they have NOW?

You saw and later photographed a 10-7 sign. How the hell is this going to be airbrushed out of history??

It's been until 4pm since Noah was a lad and is consistent with the loading bay.

There's been no change, just a c**k-up on their part, compounded by their laziness in not checking the sign in situ (both in response to your reps AND when whoever submitted their account for payment for erecting what turns out to be the wrong sign) but simply relying upon an aged picture. What the hell do they think your photo was, creative genius on your part? Are you a sign maker?

Where the plot might get even thicker is if they change it back again!

Are you local and could you take a photo again?

stamfordman

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Making a meal out of this. Without reviewing the whole thread, surely all there is to it is that TFL has sent you what they have on file and you have a much more recent pic.

Without reading back, did you clock this sign in your pic at the time?

But I appreciate that with TFL PCNs being so costly it is right to be wary - we wouldn't think twice with a £50 PCN.

My bet: TFL won't contest it as they don't with a lot of appeals.

Phf69

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Thanks - I’ve just driven past and it’s the same sign I took a photo of. I’ll take another photo soon!

Phf69

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Thanks, stamfordman. Yes, I’m just covering all bases so I don’t end up paying out £160! Yes, I’ve got my original photo date stamped.

H C Andersen

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Without reviewing the whole thread, surely all there is to it is that TFL has sent you what they have on file and you have a much more recent pic.

Which given the OP's proof is totally unacceptable. Nothing less than a proper check could IMO satisfy their duty to 'consider' representations.

I suspect that the OP will probably be OK with a cancellation, however mealy-mouthed, but if me I'd make a formal complaint. This sloppiness should be exposed and addressed.

OP, but for this forum what would you have done? Pay I suspect.

Phf69

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Very true, HCA - I couldn't have got all the relevant information without everybody's help. Thanks to all who posted! I may well consider a formal complaint after I've got justice from TFL!

H C Andersen

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Fine.

But for the moment you need to focus on the appeals procedure and make sure your appeal is registered.

Phf69

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Thanks - will do asap - I'm also selling a flat and buying a house atm! But I'll do it soon - they have given me 28 days to appeal.

H C Andersen

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Just to reassure you, all you need to do at this stage is register your appeal. This requires nothing more than logging in, ticking a couple of boxes and then clicking send. You do not need to add chapter and verse, this comes later. If you want to choose a hearing date in January, it's your choice and one you may amend later.

stamfordman

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Just to reassure you, all you need to do at this stage is register your appeal. This requires nothing more than logging in, ticking a couple of boxes and then clicking send. You do not need to add chapter and verse, this comes later. If you want to choose a hearing date in January, it's your choice and one you may amend later.

You can't register an online appeal about a TFL case. Has to be done by post I think or maybe by calling the tribunal. 

H C Andersen

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OP, to be certain which methods are permissible you should post their Notice of Rejection of Representations pl.

Phf69

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Thanks - yes, it has to be done in writing with the evidence sent along with it. I’ll post the 3 pages later tonight.


Phf69

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I am now in a position to send in my appeal with the following text:

On 17/9/24 from 16:59 to 17:03 I parked in the location shown by the attached photos, outside Grillos O/S 485-493 Bromley Road BR1, where the parking sign indicated that parking was allowed for 1 hour from 10am to 7pm. Over a week later, on 26/9/24, I received a PCN saying that I had ‘stopped where prohibited on a red route’. I immediately went down to the location and took a photo of the sign – attached with date and time – showing that parking was allowed from 10am to 7pm. I appealed against the PCN and then received a rejection of the appeal on 28/10/24 with an undated photo showing that parking was only allowed from 7am to 4pm. I have also taken another photo – attached with date and time - showing that the permitted hours are still from 10am to 7pm. I am therefore appealing against the PCN as, in my opinion, a contravention did not occur according to the sign in place.

I wondered whether to include that I submitted a FOI request which came back as 'unable to answer' as I did not link it to a PCN which I didn't want to do to alert TFL as to my intentions. I also have not included the detail about a previous appeal having been successful in 2023 as there was no sign in place - do I need to point them in the direction of a wrong sign having been erected at that point? I wanted to keep my appeal clear and simple and not make it seem that I had researched things. Any thoughts, please? In addition, I am unsure whether to go for a personal hearing or not?
« Last Edit: November 10, 2024, 02:10:31 pm by Phf69 »