Author Topic: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max  (Read 122 times)

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SpeakUp

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Hi

I need help Urgently with a red route PCN.GX11486352 Contravention 46.

On 23/11/2023 I was following my Sat Nav to locate a cake shop. I reached there at 18.26.05 and stopped in a bay to check the parking timing and the restrictions, but I didn't understand it. I went into the shop to ask about parking there, and she told me to park somewhere else. Within 2mins I moved my car and parked on a road without restrictions. It took me longer than it should've done but it's a dual carriageway and it takes longer to get in and out of the car and drive off.

In Dec 2023 I received the PCN, I was shocked to get a PCN for stopping to check the timing and restrictions. Their boards are confusing, how else can one find out when to park there? No link or CD in post for the video footage, (this is how the scammers work).

In the following week, I requested (online) the footage. In February 2024 I received a written reply (dated 29/1/2024) but no video footage.

On 14/2/2024 I sent a letter in the post, again requesting the video footage. At the end of Feb 2024, I received a reply (dtd 21/2/2024), saying a contravention footage has been raised under a separate cover. Still no footage received.

In March 2024 I received a Charge Certificate (dtd 12/3/2024). I was so angry, I phoned them up and said I've asked for the video footage number of times. You're acknowledging my request but choosing to ignore it. Why? She agreed but had no answer, but she was able to send me the video in the post.

Today 21/3/2024 I have actually received the video footage and it confirms that I was there for 2minutes only.

This is crazy, on dual carriageway parking bays, how else can one make sense of the restrictions and timing unless you stop there? I think TFL wants people to read the confusing boards whilst driving rather than to concentrate on other traffic and pedestrians and at the same figure out if parking there is allowed or not. Why have parking bays there? The restriction makes the bays dangerous.

Thank you

 

 

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John U.K.

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #1 on: March 21, 2024, 07:26:10 pm »
For meaningful advice please have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up a timeline with all sides of all paperwork (redact only name and address)
and a GSV link to the location.

SpeakUp

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #2 on: March 22, 2024, 12:12:38 am »
Hi John,

I'll post copies of the documents tomorrow. What is the GSV link?

Incandescent

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #3 on: March 22, 2024, 01:28:51 am »
Quote
What is the GSV link?
Google Street View
Here is a typical link: -
https://maps.app.goo.gl/qVaffRyJjKMNCCmy6

SpeakUp

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #4 on: March 22, 2024, 07:46:08 pm »
Thanks Incandescent.

I tried to Sign-up with Imgur but it's not allowing me, the message I keep on getting is:
Email sign-up is not possible in your region. Register using a third-party service.

AS attached File it includes:-
1) PCN rec'd dtd 28/11/2023. On 14/12/2023 on TFL site I requested for the video footage.
2) Received letter dtd 29/1/2024 received reply to my request but no footage.
3) Wrote on 14/2/2024 again requested the footage
4) Rec'd letter dtd 21/2/2024 but no Footage.
5) Rec'd Charge certificate but no video footage dated 12/3/2024.
6) I phoned on 14/3/2024, eventually rec'd video footage on 20/3/2024 with letter dtd 18/3/2024

2nd file shows list of actions on TFL site. I didn't receive any correspondence dated 2/1/2024.

https://maps.app.goo.gl/3ZmJPZYyryFGgMxE6
« Last Edit: March 31, 2024, 07:33:10 pm by cp8759 »

cp8759

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #5 on: March 31, 2024, 07:49:00 pm »
@SpeakUp you have a charge certificate that you cannot appeal:



Incidentally one of the reasons why we recommend imgur is because unlike other sites, you don't need an account at all: you can just follow the "new post" link in the top left.

This correspondence is helpful:





As it's the same name on both letters, they had no grounds for ignoring your representations, so their decision to do so is a procedural impropriety.

The next step is to wait for the debt to be registered with the traffic enforcement centre at which point the penalty will go up to 249, but you can then use form TE9 to get the charge certificate and the order for recovery cancelled. The case will then be referred to London Tribunals where the procedural impropriety should see the PCN get cancelled, this applies regardless of the rights and wrongs of the original contravention.

So you need to keep an eye on the penalty amount on the TFL website, as soon as it goes up to 249 you need to download and fill in form TE9 (remember the "applicant" isn't you, it's Transport for London) and email it to tec@justice.gov.uk with the PCN number in the subject line.

Let us know as soon as that's done and we'll explain the next steps. If anything isn't clear please ask.

In the meantime if anyone wants to have a look at the traffic orders they're here.
« Last Edit: March 31, 2024, 11:49:34 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

SpeakUp

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #6 on: April 01, 2024, 05:17:38 pm »

Thanks cp8759 for your reply. I understand the next step better now.  The PCN is still on stop since
15th March at charge of 240. I'll wait for the debt to be registered with the Taffic Enforcement Centre and then complete TE9 form.

Is this correct? On the TE9 form the box I'll tick is:
 I made representations about the penalty
charge to the enforcing authority concerned
within 28 days of the service of the Notice to
Owner, but did not receive a rejection notice.

Do I need to make a witness statement (the last two that are relevant to me refer to the Local Authority)?

Thanks your help is much appreciated.



cp8759

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #7 on: April 01, 2024, 05:55:14 pm »
Do I need to make a witness statement (the last two that are relevant to me refer to the Local Authority)?
Not sure I understand this question: form TE9 is a witness statement.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

SpeakUp

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #8 on: April 03, 2024, 12:04:31 am »
That
Not sure I understand this question: form TE9 is a witness statement.
I was referring to the 2nd page of TE9 form.
« Last Edit: April 03, 2024, 12:34:22 am by cp8759 »

cp8759

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #9 on: April 03, 2024, 12:35:29 am »
I was referring to the 2nd page of TE9 form.
Please don't bloat-post as it makes the thread hard to follow. Form TE9 is here and you can only fill in the front page, the 2nd page is just a set of instructions.

Once you've filled it in if you'd like you can send it to me privately and I can double-check that you've filled it in correctly.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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

SpeakUp

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #10 on: April 05, 2024, 05:59:27 pm »
CP8759
I don't know what the bloat-post is, It's my first time I've ever posted on this forum, but I'll try to be careful.
On TFL's website, no further updates against the PCN. Do you know how long it takes for TFL to register the debt with the Traffic Enforcement Centre. The reason why I am asking this is that I'll be going abroad from 14/4 and returning on 14th May 2024. I just want this to be sorted out before 14th April so that my car's not taken away while I am away.

cp8759

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Re: PCN Red Route Parking Bay C 46. Bath Road TW5 stopped for 2mins max
« Reply #11 on: April 06, 2024, 01:09:39 pm »
CP8759
I don't know what the bloat-post is, It's my first time I've ever posted on this forum, but I'll try to be careful.
Basically if you're quoting a previous reply, only leave in the bit you're specifically answering and delete everything else, otherwise we end up with a lot of duplicated content for no benefit.

On TFL's website, no further updates against the PCN. Do you know how long it takes for TFL to register the debt with the Traffic Enforcement Centre. The reason why I am asking this is that I'll be going abroad from 14/4 and returning on 14th May 2024. I just want this to be sorted out before 14th April so that my car's not taken away while I am away.
Are you taking a computer with you, or will you have access to one?

Normally TFL would register the debt within a few weeks, as long as you can check the TFL website once a week and send the email to tec at the right time, it doesn't really matter where in the world you are.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

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