Author Topic: TFL Contravention 46: Stopped where prohibited  (Read 284 times)

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Moish

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TFL Contravention 46: Stopped where prohibited
« on: July 20, 2023, 01:00:34 pm »
Hi,

I had to drop off something at a shop, and stopped for for under a minute on an electric vehicle recharging point.

When I came to my car an officer had just arrived walking towards my car, I showed him I'm leaving, but he snapped a picture before I managed to drive away, and sent a PCN in the post.

Is there anything to appeal?

See PCN here: https://tinyurl.com/TFLpcn1

Location: https://tinyurl.com/TFLpcn
« Last Edit: July 20, 2023, 05:59:04 pm by Moish »

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Incandescent

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #1 on: July 20, 2023, 01:37:23 pm »
Can't tell you until you post the PCN, all sides, with name and address redacted. Why the PCN ? Because it may contain fatal errors that could render it void.

Moish

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #2 on: July 20, 2023, 01:46:38 pm »
Updated original post.
« Last Edit: July 20, 2023, 05:59:29 pm by Moish »

cp8759

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #3 on: July 20, 2023, 10:19:03 pm »
TFL photos:






Was the officer a civil enforcement officer, or a PCSO?

For reference, these videos show you what a PCSO looks like:

https://www.youtube.com/watch?v=qTj3Gtw0Jyw

https://www.youtube.com/watch?v=4xFGrxSNySc

https://www.youtube.com/watch?v=fq6VdZWSdlc

https://www.youtube.com/watch?v=aHU0INoopcc
« Last Edit: July 20, 2023, 10:25:05 pm by cp8759 »
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Moish

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #4 on: July 30, 2023, 12:13:53 pm »
Good afternoon,

See attached picture of the officer.



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cp8759

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #5 on: July 30, 2023, 12:52:37 pm »
If you have a video can you please post the whole thing?
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Moish

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #6 on: July 30, 2023, 01:39:54 pm »
I will try, but that shop is closing today for 2 weeks, so if they will not have the time to download today, we will miss to appeal during discount period.


cp8759

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Re: TFL Contravention 46: Stopped where prohibited
« Reply #7 on: July 30, 2023, 06:25:46 pm »
Well the video is damning for TFL:

https://www.youtube.com/watch?v=ipo1bOzuwc8

Draft reps:

Dear Transport for London,

I challenge liability for PCN GF81542033 on the basis of a procedural impropriety. The vehicle was driven away from the location where the vehicle was stationary before the CEO could have had time to start preparing the PCN, as confirmed by the video at (URL).

In these circumstances, there is no power to serve a regulation 10 PCN.

Furthermore, the PCSO was not wearing a uniform compliant with section 76(3) of the Traffic Management Act 2004, this is also a procedural impropriety.

It follows that the PCN must be cancelled.

Yours faithfully,


I am going to PM you the URL to put in the representation, do not click on the link. The reason for this is that I made a seperate upload of the video just for TFL, if they don't click on the link and watch the video the view count will remain zero, and then we'll have them for a failure to consider (as the regulations require them to consider all supporting evidence that is sent with the representations).

If the video's view count is still zero by the time the Notice of Rejection arrives, we can basically prove a further procedural impropriety in the form of a failure to consider.
« Last Edit: July 31, 2023, 01:04:55 am by cp8759 »
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 nor 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.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order