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Good day,

I received attached TFL penalty charge notice yesterday stating that their CEO suspected the driver for parking on a TFL red route or clearway.

The driver, having been aware of the transport for London property maps which implies that land parked on is not publicly owned and maintained highway, decided to park there due to lack of available bays. The driver and other residents have parked there for a significant duration(> a year) without recieving a PCN.

If you refer to the attached maps (taken from TFL website) you will note the extents of TfL ownership and the red dot which marks where the vehicle was parked.

I also attach a TRO document which refers to this road that parked on as an unnamed service road. Other than these maps and the TRO, I cannot substantively determine that this road is private.

As the registered keeper, I have appealed the PCN on grounds that TFL do not have powers for enforcement on privately owned land.

Have I gone about this correctly? I would welcome any advice.

I have redacted the sensitive information but would happily share the details if required.

Thanks

Hi JoHN UK.

Sorry struggled to see the Google maps but it is adjacent to International school of London, gunnersbury avenue.

TRO is attached to initial post - it is a file named "data". Note TRO relates to recent amend and is not the original TRO for this road.

Yes I am the driver.

Please see attached photos from the PCN and photos of the back of PCN note, note they didn't include any signage in their photos but there is a no parking red route sign there, but also parking bays which is odd !

 I cannot find the text from appeal but I essentially argued that the land is not within curtilage of the public highway per their mapping so the PCN was issued without the required authority. I speculated that perhaps the red route markings were added in error as the contractor believed the private land was a continuation of the correctly red routed A406 which runs adjacent.




 

So the basic TRO states this in the schedule:

Lengths of the trunk road red route on which stopping is prohibited at all times.
Table
(1)   (2)
Item   Length of Road
1.   Gunnersbury Avenue, between its junction with Hanger Lane and Uxbridge Road, Ealing Common and the roundabout at the junction of Gunnersbury Avenue, Chiswick High Road and Great West Road, known as Chiswick Roundabout.
2.   Hanger Lane, the main trunk road, between its southernmost junction with the Hanger Lane Gyratory System and its junction with Uxbridge Road, Ealing Common, and Gunnersbury Avenue.
3.   Hanger Lane Gyratory System, those lengths of highway in the London Borough of Ealing comprised in the gyratory system situated at or adjacent to the junctions of Hanger Lane, North Circular Road, Twyford Abbey Road and Western Avenue.
4.   North Circular Road, between its junction with the Hanger Lane Gyratory System and the common boundary of 11 and 12 Beechwood Gardens, North Circular Road.
5.   The roundabout at the junction of Gunnersbury Avenue, Chiswick High Road and Great West Road, known as Chiswick Roundabout.


It does not specify the unnamed service road I parked on. I wouldn't
say that was completely watertight...

Anyhow I will state what the outcome of my appeal is.

Thanks

Well according to the gazette no.4 the white parking bays are:

(12) formalises the ‘Parking at any Time’ Parking and Disabled Persons’ vehicles bays in the unnamed service outside Nos.127-137 and No.139 Gunnersbury Avenue.

It's odd because the white parking bays are also located in front of residents dropped kerbs so what takes precedence here - the local authority or TFL parking enforcement?

Noted regarding legitimate expectation. Worth noting that as it is a school there are often many residents parked there on the double red routes (not just for pickups) but for hours at a time attending school plays I guess...

Thank you for your reply and consideration.

Unfortunately I don't have access to any Ringo data from the houses on that street so cannot confirm whether the PCN was issued fairly or not. Do the images captured by the PCSO count you can see motorbike in the background as he issuing the PCN?

GF8354284A

Hi.

My representation was made back when I received the PCN (15th August 2023). I appealed on the grounds that it is not TFL land - based on their public GIS asset maps appended to initial post - so how could they possibly enforce on it. I admittedly appealed without understanding the full context of how this can be TFL land and the maps are unclear, this was clarified by John UK.

With regards to your FOI request, in plain English does this mean that the CEO who do not have proper uniform therefore  cannot issue PCNs ? I am struggling to see the relevance of the MPS to my case. If I do not have Ringo footage how do I prove they wore the incorrect uniform.

It does seem their reply was lacking in the most part considering the questions asked...

AHH very interesting...re improper procedure

I appealed on 15th August .

Not sure what that 4th September entry is about