Free Traffic Legal Advice

Greetings and Salutations,

I am very much disheartened to receive a penalty charge notice for this alleged contravention.  This is one of two £80 PCNs I got on the same day from the same TFL region. So truly sad.

Having numerous problems with my car overheating which was chugging along VERY slowly (maybe clutch is going?), I stopped briefly to allow my car to cool down and to get my bearings (my phone battery died, had no satnav, stopped to try and charge it).

I genuinely thought I was in the box (didn't see the ending due to not being clear / heavy lorries). Also did not see any signs.



I'm not too sure regarding signage/regulations and i'm not sure as too the enforceable nature of this PCN, nor any loopholes.

I'm just writing to see if there is any precedent to appeal this. Perhaps some arcane ruling regarding the enforceability for this regulation. From the very little info i've managed to gleam, I've already made a start to challenge this. I called TFL this morning on 0343 222 3333  and requested DVD footage for the whole thing. TFL said this will take up to 15 days, and they will put my PCN on hold for 14 days whilst this is being posted to me. They gave me a reference number for this. So having bought some time to prepare, i'm hoping some of you genteel, learned, refined and knowledgeable individuals can help.

I've included my PCN and photos from the camera operator - including one bizarre TFL camera photo of me taken just coming in and out of the bus lane, which seems to show nothing to do with the parking. These 3 are the only camera photos taken of this 'contravention' that i pulled from the TFL website.

I've also included a Google street view photos (although old  street mapping, c. 2022) indicating where I stopped.

Any thoughts would be most welcome.

Thanks for your time reading into this.










Google Street Maps

I have already replied to the OP on Pepipoo as follows:-

Transport for London does not have approval for a suspension sign therefore this PCN is unenforceable IMO.

Case reference 2180309331
Appellant Richard Mills
Authority Transport for London
VRM GC16AEY
PCN Details
PCN GF68259162
Contravention date 09 Apr 2018
Contravention time 15:46:00
Contravention location
Victoria Embankment
Contravention: Stopped where prohibited on red route or clearway
Decision Date 15 Sep 2018
Adjudicator Anthony Chan
Appeal decision
Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner.
Reasons
The Appellant attended in person.
The Appellant made several points one of which is that the suspension sign is not authorised. There may be
an issue as to whether such a sign needs to be authorised but the Authority's case is that the sign is
authorised. That being the case, the Authority must provide evidence of the authorisation. It has not done so. I
allow the appeal.

OP I doubt you were in the parking bay anyway but on the DRLs, ask for the video :-

https://www.google.com/maps/@51.4778849,-0....i8192?entry=ttu

I would send the following reps:-

Name
Address
VRM
PCN Number

I challenge liability for PCN ? because the contravention alleged did not occur. Penalty charges can only be imposed by signs authorised under section 64(2) of the Road Traffic Regulation Act 1984, this means either signs authorised by the Traffic Signs Regulations 2016, or by signs specifically authorised by the Secretary of State.

The Traffic Signs Regulations 2016 do not authorise any parking suspension signs, and a search of the Department for Transport website at https://www.dft.gov.uk/traffic-auths/ indicates that Transport for London has not obtained a special authorisation from the Secretary of State for the use of any parking suspension signs.

In the absence of a lawful parking suspension sign, the contravention alleged cannot have occurred.

Yours
--------------------
Mike

@LemonTootski this really simple:



As with the other case, make sure to keep a screenshot of the confirmation page.

Oh, ignore that. i've spotted the discrepancy. thanks.

@LemonTootski please bear in mind TFL will undoubtedly reject, don't let that discourage you, the representations are just there to set us up for the tribunal.