3. TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
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TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
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Driver thought it was acceptable to stop at this bay to check his consignment documents prior to returning back to base.

Upon checking Google Maps, this is the sign:
NO STOPPING AT ANY TIME, EXCEPT 7PM TO 7AM




Please find images of the contravention below:







What can be done to appeal this as theoretically the driver stopped for 3.5 minutes before leaving the bay?

Thanks in advance.

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« Last Edit: March 20, 2024, 01:05:01 pm by curatio-consulting »
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Re: TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
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It's a No Stopping restriction, so 3 1/2 minutes is almost eternity if presented to an adjudicator. Only other thing is if the PCN contains fatal errors, or the camera/device in use is not approved, (PCN says "record produced by an approved device"). Others on here can tell you more about "approval"

https://www.legislation.gov.uk/uksi/2022/71/regulation/4/made
and
https://www.legislation.gov.uk/uksi/2022/71/schedule/1/made
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Re: TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
« Reply #2 on: »
Quote from: Incandescent on March 20, 2024, 01:14:15 pm
It's a No Stopping restriction, so 3 1/2 minutes is almost eternity if presented to an adjudicator. Only other thing is if the PCN contains fatal errors, or the camera/device in use is not approved, (PCN says "record produced by an approved device"). Others on here can tell you more about "approval"

https://www.legislation.gov.uk/uksi/2022/71/regulation/4/made
and
https://www.legislation.gov.uk/uksi/2022/71/schedule/1/made

Ah, well then the 3-4 minute reason doesn't stand for much then. How about the reasoning that the images do not show the vehicle in its entirety, and thus could have been taken from different vehicles?
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Re: TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
« Reply #3 on: »
The photos on the PCN are taken from the video. You can ask to see this by phoning TfL who send out a DVD, (yes, they're a bit behind the times, I'm afraid). They allow a fortnight for this, so put the PCN n hold, but when it's posted they restart the clock. Needless to say, they don't tell you it's on its way !

Frankly I think the driver is bang-to-rights on the contravention itself, but what I said about camera approval may be a runner, but I doubt it. PCN looks OK.
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Re: TFL, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
« Reply #4 on: »
Quote from: Incandescent on March 20, 2024, 02:07:06 pm
Frankly I think the driver is bang-to-rights on the contravention itself, but what I said about camera approval may be a runner, but I doubt it. PCN looks OK.
@Incandescent I hope you'll appreciate my frustration when I see nonsense like this, all TFL PCNs can be beaten at present and giving this sort of response is highly unhelpful as the OP just paid two days later. With the best will in the world just because you can't see a reason to challenge something is not a reason to tell people to pay up. What a flipping waste of an easy win.

@curatio-consulting it's a long-shot but if you can get a chargeback through the bank to get payment reversed and the PCN reopened we can almost certainly get this cancelled on appeal.
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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, Code 46 Stopped where prohibited (on a red route or clearway) O/S 180-184 CLAPHAM HIGH STREET SW4
« Reply #5 on: »
Quote from: cp8759 on March 30, 2024, 11:52:44 pm
Quote from: Incandescent on March 20, 2024, 02:07:06 pm
Frankly I think the driver is bang-to-rights on the contravention itself, but what I said about camera approval may be a runner, but I doubt it. PCN looks OK.
@Incandescent I hope you'll appreciate my frustration when I see nonsense like this, all TFL PCNs can be beaten at present and giving this sort of response is highly unhelpful as the OP just paid two days later. With the best will in the world just because you can't see a reason to challenge something is not a reason to tell people to pay up. What a flipping waste of an easy win.

@curatio-consulting it's a long-shot but if you can get a chargeback through the bank to get payment reversed and the PCN reopened we can almost certainly get this cancelled on appeal.
Oh dear, I seem to have boobed ! Anyway you'll know for the future, and with TfL there are bound to be more PCNs.
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