3. Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
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Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
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Hey guys,

My first post here so greatly appreciate any help.

The situation is there were road works where I usually park to unload my parcels so I parked on here instead and later got a PCN in the mail. Was parked for approximately 5 minutes and I have proof of sending a parcel. If there's any technicalities to help me not pay that would be great!

https://drive.google.com/file/d/1A8IoTL0mw3AMA-50A-00ZzWrmPV2nTGi/view?usp=sharing

https://maps.app.goo.gl/asKVSXbGDcg6B67T8

Many thanks!
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Re: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #1 on: »
@FTLApls please call TFL on 0343 222 3333 first thing on Monday and ask for the video, they will put a DVD in the post and put the penalty on hold while you wait.

In any case you have a bomb-proof appeal as the PCN purports to have been posted on a Sunday, the regulations say the PCN must be dated the day that it was posted, and I have an FOI response from TFL confirming they only post penalties Monday to Friday, so that's an open and shut procedural impropriety.

But let's get the video first as we may be able to find additional grounds.
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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
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Re: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #2 on: »
@cp8759 appreciate your quick response!

I had a look through the forum and found another similar case that you won where the PCN was posted on a Saturday so thought that was the case! I'll call TFL on Monday and will upload the video as soon as possible.

You're a legend mate, have a great rest of your weekend.
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Re: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #3 on: »
Hey @cp8759,

The video finally arrived and I have a link to it here: https://drive.google.com/file/d/1bPFrgFIQY9Xpr9RH3uJjD9z1jYW_MWsK/view?usp=sharing

Skip 30secs and that's when you can see my car.

Many thanks
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Re: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #4 on: »
@FTLApls the video doesn't really help so I'd keep this very simple, just make a one-line representation as follows:

Dear Transport for London,

The alleged contravention did not occur.

Yours faithfully,

Let us know when you get the notice of rejection and we'll help you sort it out at the tribunal. Make representations on the TFL website and make sure to keep a screenshot of the confirmation page (do not send representations in the post).
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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: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #5 on: »
Hey @cp8759,

Okay, I've sent the challenge and got a print screen of the confirmation page.

Thanks!
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Re: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #6 on: »
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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: Southwark TFL Code 46: Stopped where prohibited (on a red route) - Old Kent Road SE1
« Reply #7 on: »
One has to wonder what these "significant operational challenges" are ! Can it be linked to the huge sums now outstanding for ULEZ PCN penalties ?
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