Author Topic: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)  (Read 516 times)

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Hi All,

Hoping someone is able to advise. I was trying to charge my car and the sat nav took me to 347-353 Eastern Avenue. I wasn't able to charge at this location as the cable was too short and it would mean I would have to face my car in the opposite way to the dual carriageway. As I wasn't able to I left to find another location. Surprisingly the video doesn't show me entering or leaving the location.

I have discovered this particular location is for e-taxi only. I am wondering if I have anything to appeal the PCN.

PCN http://: https://drive.google.com/file/d/14cjx6HioOOnuHj86UngGL-eGCmB05x2w/view

Video: https://drive.google.com/file/d/1w4lauKXFsO0FX6K2kbg_gd4R-WPUoeRx/view

Google Location: https://maps.app.goo.gl/QvAoQfRhq2TtsNEs6
« Last Edit: December 28, 2023, 06:20:33 pm by cp8759 »

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Re: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)
« Reply #1 on: »
This could be interesting at the markings do not signify a RR It will be quiet for a couple of days but we will want to have a look at this IMO the PCN is incorrect

Re: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)
« Reply #2 on: »
The obvious arguments are:

1) The sign is not facing traffic, so you had to stop to get out and read the sign
2) The road markings do not indicate a red route restrictions, it's just a taxi bay according to GSV.

I would just make a one line representation saying the contravention did not occur and wait for the notice of rejection, I'm happy to represent you at the tribunal but you must appreciate this will mean the full penalty will be in play.
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: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)
« Reply #3 on: »
The obvious arguments are:

1) The sign is not facing traffic, so you had to stop to get out and read the sign
2) The road markings do not indicate a red route restrictions, it's just a taxi bay according to GSV.

I would just make a one line representation saying the contravention did not occur and wait for the notice of rejection, I'm happy to represent you at the tribunal but you must appreciate this will mean the full penalty will be in play.

I went back to the location today and took a picture. The road markings have faded but there is a sign on a post. Does this change anything?

Pic: https://drive.google.com/file/d/1w5ya7VeKdiZfzwcb8Zzk_OxVyWz7i3Ff/view?usp=sharing

Re: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)
« Reply #4 on: »
No it is a no stopping restriction you have been cited, so the sign must face oncoming traffic else you must stop to read it. on top of that the must line bays in red a yellow marking is not red route. so they should have cited stopped on a taxi rank

Follow Cp's advice, let him represent you at tribunal and your chance of winning is up in the 90% range

Re: TFL PCN Code 46, 353-355 Eastern Avenue IG2 (e-taxi only Red Route)
« Reply #5 on: »
I was advised to send the following and my appeal was accepted and PCN cancelled.

Thank you everyone for your input.

---

In the dark I spotted the bay with EV charging equipment, I stopped, got out of the vehicle but found that the charging equipment was incompatible. I also noted that it was a Red Route bay. This took no time at all and I was back in the vehicle within a minute and waiting to move off.

My case accords with that of Mr Simon Wright - v - NEPP - Essex County Council (Case number:ID00131-1812) in that a brief but reasonable time is allowed to read signs that impose stopping restrictions.

I therefore request the Authority cancel PCN number??? on this basis.

--

Notice of Acceptance
Thank you for your representation regarding the above-detailed Penalty Charge Notice (PCN).
Due to an operator administrative error relating to the above penalty charge, the representation has been accepted and the
penalty charge has been cancelled.
Please accept our apologies for the inconvenience this matter may have caused you. Please be advised however that each
penalty charge notice is considered separately, and this decision does not affect the outcome of any other penalty charge
notices issued.
Please note that PCNs issued in the same or similar circumstances in the future may not be cancelled.