Free Traffic Legal Advice

Greetings and Salutations.

I received a PCN on 30 March 2024 for a contravention which occurred on 26 March 2024.

At 07:34, I pulled over into onto what I thought was a loading bay, as my mobile device had fallen off my phone holder and I was lost, trying to find directions.
But fundamentally, my short stop was necessary as my car was overheating and I needed to cool the engine down.



I've included photos from the camera operator, and Google street view photos indicating where I stopped.

I'm not too au fait with signage/regulations as per the enforceable nature, 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.

Any advice would be of great help.

Yours,

LemonTootski

Well there's no such thing as loopholes, though there are aspects of the law that TFL doesn't like.

Starting with the basics, please give us the PCN number and the number plate so that we can start doing some basic checks. Also please phone TFL first thing on Monday (0343 222 3333) and ask them for the video, they will send you a DVD in the post and put the penalty on hold while you wait.

A few preliminary issues we can put forwards at the representations stage:

1) There is no evidence of any upright sign, and the High Court has ruled that the requirement for an upright sign applies to double red lines just as much as it applies to single red lines. With no upright sign, there is no authority to serve a postal PCN under regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022, so service of a postal PCN is a procedural impropriety.

2) There layout is unauthorised, see https://maps.app.goo.gl/1bod6Gi5oZTGva379. You can't have double red lines running through a white bay (or indeed through any sort of bay), so it is understandable that this would cause confusion, I would be confused as well (and I know much of the The Traffic Signs Regulations and General Directions 2016 off by heart, sad as that may be).

As for the tribunal stage, there is a flaw in the notice of rejection template currently used by TFL, as per 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)

Though obviously this point can't be raised until we get to the tribunal.

There's other matters to be raised at the tribunal stage, such as whether they can prove the road is a GLA road in the first place (they seem to struggle with that).

The traffic order is The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007 as amended by The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007 A203 and A3 GLA Roads (South Lambeth Road And Clapham Road) Variation Order 2008, The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007 Variation Order 2011, The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007 London Cycle Hire Scheme Variation Order 2011 and The GLA Roads and GLA Side Roads (Lambeth) Red Route Consolidation Traffic Order 2007 London Cycle Hire Scheme Variation Order 2013 (there are other amendments but none that affect South Lambeth Road).

I'm not convinced entry 19 on page 98 of the 2007 Order is marked correctly, it sort of depends on where you measure the southern boundary of Cobalt Square, the exact location of which looks as clear as mud. Not sure we'd need to rely on that but it'll be worth exploring further down the line.

Could you give me a sample template text on how to write an appeal ?

I can but it's somewhat unwise to go in blind, I really recommend you call TFL on Monday (the number is 0343 222 3333) and ask for the video, they will send you a DVD in the post and put the penalty on hold while you wait.

Once you've got the DVD post the video on here and I'll draft something for you.

I've ordered the DVD from TFL, and true to form they will put the PCN on hold for another 14 days whilst this is being sent to me within 15 days.

Will keep you posted.

Thanks

Good advice. Will definitely heed.
I guess 13 April is the cut off date.

Thanks Incandescent.

Thanks so much for this.

I knew this somewhere in the back of my mind, but couldn't quite pinpoint the terminology.

I remember reading back in the (now) old (and sadly missed) Pepipoo forums, appeals being upheld on the enforcement of contravention where the date of notice differed from the date posted - but just didn't have the legal acumen to draught a response.

I unfortunately don't have the date stamped envelope the PCN has arrived in, but the issue still holds:

But, cp8759, I believe this challenge is now wrong.

It appears that regulation 3(1)a-- may have been updated:
https://www.legislation.gov.uk/uksi/2022/71/regulation/3

3--(1)a no longer says:

the date of the notice, which must be the date on which it is posted

The Regulation appears to have been modified by Statutory Instruments in 2024. So the clause  now says:

3--(1)a may be served by first class (but not second class) post

So the 'date of notice/date posted' challenge may not be valid. cp8759, can you affirm this is now the case?

I also spotted another clause. 3--(4)a now screams at me, about notices should be served on a working day:

(4) For the purposes of paragraph (3) “working day” means any day except—
(a)a Saturday or a Sunday.

As this PCN is notice was served on Saturday 30 March, is TFL in violation ?
Look forward to hearing your thoughts.<br><br>

Best
LemonTootski

I unfortunately don't have the date stamped envelope the PCN has arrived in, but the issue still holds:

But, cp8759, I believe this challenge is now wrong.

It appears that regulation 3(1)a-- may have been updated:

You're looking in the wrong place, it's paragraph 3(1)(a) of Schedule 2 here.

The PCN was not served on 30, that's the day it was drafted. It probably wasn't served until 4 April.

Anyone have any advice as per wording ?

Would really help.
Thanks.