Author Topic: Stopped for 90 seconds to Read sign! Bromley PCN code 46 Stopped on a Red Route, Bromley Road / TFL  (Read 97 times)

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antonita1

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Please Help.

Incident Sat 16th March at 14:57

I only have to the 19th to pay or contest this fine (because it took me time to find a device to view the cd TFL sent).

My husband parked on a Red Route that has times and days (location 435 Bromley Road, Bellingham BR1 4PH).
The sign reads Red Route - No stopping Mon-Sat 7am-7pm - Except for loading 7am-4pm.
This is a main road so he could not read at his leisure from the road.

He
1/ saw other cars parked so he thought he could also park,
2/ got out of the car,
3/ quickly read the sign, didn't understand,
4/ asked a shopkeeper to double check without fully entering the shop,
5/ ran back to the car and within 2 minutes of entering, drove off to park elsewhere.

All of this evidence is on camera.

He has been fined 80 (if paid immediately).
that is 1 for every second he was there, has made no purchases and was out.

Can we fight this back please, it such an excessive fine for someone who was there for two minutes.

Thank you so much for your help.
« Last Edit: April 17, 2024, 12:57:00 am by antonita1 »

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cp8759

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@antonita1 please give us the number plate, I assume you have likely paid but as long as you have a notice of rejection that hardly matters.

We can beat virtually all TFL PCNs based on various issues but in order to give you proper advice we need to see:

1) The video
2) The representation you sent to TFL, and
3) All pages of the notice of rejection.

Even if you have paid the discounted penalty, that does not prevent you from appealing and if you win, you'll get the 80 back. For whatever reason TFL doesn't normally pursue the extra 80 if the PCN is paid or appealed within the discount period, but obviously that cannot be guaranteed.

The only real deadline you have is 28 days from the date of service of the notice of rejection, but I suggest you post the documents asap because most of us work full time and we're all volunteers here so it will likely take a few days to give you a full response.
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 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 nor a barrister.

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

antonita1

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Hi cp8759,

I do not need any more help as my PCN is now cancelled! YEAYH!
But I thought I'd celebrate my victory by posting here so others can benefit from my ordeal.
I did NOT pay the 80 reduced charge but sent the following appeal online on the 19th of April.
PCN was cancelled on the 3rd of May. :D

I am writing to appeal the PenaltyCharge Notice (PCN) GX*******, relating to an alleged traffic violation committed with my vehicle registration D*** ****.

Firstly, I draw your attention that I am not the driver of the vehicle, nor would I divulge the identity of such driver.

Secondly, amidst moving traffic on a major road, there was no possibility to completely and effectively read and interpret a sign that has three different sections with two different time frames.Therefore, the driver, mislead by the fact that several vehicles were already parked on the bays, stopped only to read and enquire about the sign and any parking restrictions. The driver is clearly seen:1/ read the sign – they did not understand the sign, worries about the time it is taking them and seek for help;2/ enquire about the parking restriction by standing at the entrance of the closest shop, with the door ajar and calling for the shopkeeper’s attention; 3/ very briefly converse with the shopkeeper whilst clearly pointing at the loading bay and clearly asking about its restrictions;3/ run back with haste (and worry) to the car, glancing at the sign one last time, without completing any transaction in the aforementioned shop.All of this in the space of 80-90 seconds!

Thirdly, the fine is unwarrantedly excessive,2 per second parked.This is unduly disproportionate to the nature of the offence, considering that the driver stopped at 2:57pm in a loading bay with restricted hours, during the permitted hours for loading of 7am to 4pm.

I would also argue that the contravention no “46 stopped where prohibited on a red route or clearway” is also wrong. Since the driver is within the permitted time of bay operation then this contravention cannot stand as the driver does not technically commit that offence by stopping there. The correct contravention should have been one of the various parking offences code 30 re parked in a disabled bay or 24 for a loading bay without loading. There are more avenues that I am currently investigating to challenge this PCN. However, due to time constraints, I am sending my appeal as it is.

However, in the eventuality that I must appeal further, could you also please send me by way of reply the make and model of the camera used to film this offence?I am hereby challenging this PCN and requesting its cancellation.


Thank you once again
« Last Edit: May 08, 2024, 02:32:17 pm by antonita1 »