3. Stopped at Red route or clearway
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Stopped at Red route or clearway
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Hello members,

I guess this PCN issued for parking on a red route or clearway may have been posted by others before. Also, I understand many have won the appeal on the basis of proving that they actually were loading some item big enough . I have also got a PCN for parking on a loading bay during restricted hours. I have a valid reason to argue, as I was waiting to load heavy luggage .
As per regulations they wait to see whether any loading is happening and after 5 mins , a PCN is issued. (by post/ cctv by Tfl)
My question is, on this case don't they have to issue a contravention code 25,which is "Parked in a loading place during restricted hours without loading"? instead they issued a code 46 for parking on a red route or clearway. Is this correct or wrong. I appealed saying the contravention did not occur as your PCN says code 46, and I was clearly parked on the parking bay for loading.
They ignored that, and are asking for proof of loading. Can they put contravention code 46 for parking on the loading bay? Can I argue on that basis ?
Thanks in advance for any advice.

Thank you
kazz

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« Last Edit: April 11, 2024, 04:40:56 pm by kazz »
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Re: Stopped at Red route or clearway
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I guess this PCN issued for parking on a red route or clearway may have been posted by others before.

We need to see this PCN.

For meaningful advice, please to post up here all sides of the PCN, redacting only name and address, with a GSV link to the location. For guidance on posting, have a read of this

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/
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Re: Stopped at Red route or clearway
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@kazz there are all sorts of things you can argue for a code 46 PCN, but at the moment you're on the wrong track. The code is not incorrect because red routes have a blanket stopping prohibition, there are certain exemptions but if the exemption does not apply (for example if you stop on a loading exemption to the stopping prohibition but you're not loading) then you're in breach of the red route stopping prohibition.

Have you got the CCTV footage? If not, call TFL first thing on 0343 222 3333 and ask for the video, they will send you a DVD in the post (ask them to put the penalty on hold while you wait for the video).

Please post up exactly what you sent, and TFL's reply.

Also a very basic question: where you actually loading? Waiting to load and loading is not the same thing, so it would be helpful to have a full account of the facts, from the moment you stopped to the moment you drove off again.

Lastly please give us the PCN number and number plate, or better still re-post the PCN with just your name and address redacted.
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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.

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