3. 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
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26 TFL - Parked in a special enforcement area more than 50cm from kerb.
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Just received this one with the precise wording being "Parked in a special enforcement area more than 50 cm from the edge of the carriageway and not within a designated parking place".

Our van was cctv ticketed for the above but was a) adjacent to a red route parking bay and b) stopped briefly waiting for a van to vacate a parking bay which it subsequently reversed in to.

The pcn shows our van stopped in the first image at 09:31:16 and the final image at 09:31:59 shows the UPS van vacating the parking spot our van moved in to. The whole sequence of photos cover just 41 seconds.

What's the best basis for an appeal?

Would this be worth an appeal under the CCTV ticket for other than a single or double red line?

What is a reasonable time to "double park" to wait for a space to clear? A middle image at 09:31:22 shows the UPS driver returning to his van, hence our van waiting to jump in his space knowing it was imminently about to become vacant.





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Re: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #1 on: »
We could do with a location (streetview link) and you need the video.
Will need to phone TFL and request, ask them to hold the PCN while it is supplied.

Normally a stop on a Red Route would attract a PCN for Stopping on a Red Route...even for 41 seconds.
But operational hours and operator choice can affect so the contravention cited is all we need to focus on.

For that, there is a line between parking, waiting and stopping and being as the Act (TMA 2004 S85) uses the words Parked for this prohibition a stop and even a wait can be argued...even if far longer then the 41 seconds which I suspect will be the case.

So the question is can it be said that your van was parked?
For that we need the video.

Make that your first priority.

Re CCTV enforcement on other then Red Lines.... was in High Court yesterday and Judge is thinking on it before ruling... don't go off half **** on that until we have a better idea what outcome is.
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Re: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #2 on: »
The key issue is that you must get the video from TFL. The allegation is "parked" not "stopped", so there is definitely an argument to be made around that.

Call TFL first thing on Monday and ask for the video, they will send you a DVD in the post and put the penalty on hold while you wait.
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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: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #3 on: »
Thank you both for the responses. I don't suppose you know the correct contact number for TFL? I've looked on the TFL website but the number there doesn't include options for PCNs and there are none on the PCN which rather advises to write in to obtain the footage.

Alternatively I can use the challenge facility on their website and both request the footage and a hold on the PCN at the same time.

Location was here - https://maps.app.goo.gl/QZjK9YMVj8KPyC5s5
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Re: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #4 on: »
Quote from: Colin_S on October 30, 2023, 09:11:05 am
Thank you both for the responses. I don't suppose you know the correct contact number for TFL? I've looked on the TFL website but the number there doesn't include options for PCNs and there are none on the PCN which rather advises to write in to obtain the footage.
0343 222 3333 or 0343 222 222
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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: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #5 on: »
0343 222 3333 worked, thank you.
 
I did jump the gun a little and requested the footage via the challenge portal. The telephone call this morning confirmed my request had been received, was being actioned and that the PCN had been put on hold.
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Re: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #6 on: »
Once you get the footage, post it up pls.

Doubt TFL will accept only waiting, not parked but without the video we cannot make a judgement on what an adjudicator may think
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Re: 26 TFL - Parked in a special enforcement area more than 50cm from kerb.
« Reply #7 on: »
Will do.
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