3. Stopped where prohibited - TFL
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privates

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Stopped where prohibited - TFL
« on: March 05, 2024, 01:24:59 am »
Any grounds of appeal for the following PCN?

Stopped where prohibited (on a red route or clearway)

https://ibb.co/6gKCgxz
https://ibb.co/k2k6b66
https://ibb.co/0Y8RS73
 
Thanks
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Incandescent

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Re: Stopped where prohibited - TFL
« Reply #1 on: March 05, 2024, 01:34:19 am »
Need to see the sign, so post up a GSV link to the location, please.
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privates

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Re: Stopped where prohibited - TFL
« Reply #2 on: March 05, 2024, 01:46:02 am »
Quote from: Incandescent on March 05, 2024, 01:34:19 am
Need to see the sign, so post up a GSV link to the location, please.

I really can't find it.. I've looked for a FAIRVIEW ROAD but it comes to a back road and I've checked on the main road behind Fairview Road and it doesn't seem to be there
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John U.K.

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Re: Stopped where prohibited - TFL
« Reply #3 on: March 05, 2024, 09:06:56 am »
These show Fairview Road SW16:
https://maps.app.goo.gl/gNcmyu2qNbf9ULX46
https://maps.app.goo.gl/E5jMFiuqci8FN6vB6

Does the driver have any recollection of whereabouts at the time of the alleged contravention?

The photos (are there any better ones on TfL's website?) appear to show a different location.
I suspect it may be somewhere on the A23, or it is possible the camera has been moved from a location in Fairview Road and its ident not changed?

Anyway, subject to confirmation from the experts here, I'd be inclined to challenge along the lines of

As can be seen from your photographic evidence, my vehicle was not in Fairfield Road SW16 at the time of the alleged contravention.
Obviously, the more evidence you can gather that the photographs do not show Fairfield Road the better, but wrong location is fatal do a PCN, and they cannot re-issue.
« Last Edit: March 25, 2024, 09:54:16 pm by cp8759 »
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Incandescent

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Re: Stopped where prohibited - TFL
« Reply #4 on: March 05, 2024, 12:31:27 pm »
+1
No way can the contravention have occurred on Fairview Road SW16.  You need to challenge this.
Might be prudent to ask for the video, but don't wait for it before submitting your reps.
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H C Andersen

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Re: Stopped where prohibited - TFL
« Reply #5 on: March 05, 2024, 01:03:04 pm »
Unfortunately TfL aren't going to do the OP's legwork for them and 'As can be seen from your photographic evidence, my vehicle was not in Fairfield Road SW16 at the time of the alleged contravention.' without any evidence in support wouldn't get them to do more than look at the PCN which doesn't show where the alleged contravention occurred and therefore they'd act on the PCN location. 

OP, IMO ask for the video. Progression would be put on hold following receipt.

IMO, and this appears to be confirmed by the OP's post the 'photo was taken from the London road network camera'. My guess is in the loading bay just along from the Chicken Cottage, 1426 London Road.

Whereas the embedded photo appears to show only a parking exempt area, the colour photo shows a second sign behind this which would govern the loading bay and also shows 'loading only' road markings.
« Last Edit: March 05, 2024, 01:11:58 pm by H C Andersen »
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privates

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Re: Stopped where prohibited - TFL
« Reply #6 on: March 05, 2024, 10:30:02 pm »
Quote from: John U.K. on March 05, 2024, 09:06:56 am
These show Fairview Road SW16:
https://maps.app.goo.gl/gNcmyu2qNbf9ULX46
https://maps.app.goo.gl/E5jMFiuqci8FN6vB6

Does the driver have any recollection of whereabouts at the time of the alleged contravention?

The photos (are there any better ones on TfL's website?) appear to show a different location.
I suspect it may be somewhere on the A23, or it is possible the camera has been moved from a location in Fairview Road and its ident not changed?

Anyway, subject to confirmation from the experts here, I'd be inclined to challenge along the lines of

As can be seen from your photographic evidence, my vehicle was not in Fairfield Road SW16 at the time of the alleged contravention.
Obviously, the more evidence you can gather that the photographs do not show Fairfield Road the better, but wrong location is fatal do a PCN, and they cannot re-issue.


https://maps.app.goo.gl/JJT6U5BbQHVhcPrE8

It could possibly the bay above if I am not wrong after checking the tracker..


So shall I call and request for the video before appealing?
« Last Edit: March 25, 2024, 09:55:11 pm by cp8759 »
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Incandescent

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Re: Stopped where prohibited - TFL
« Reply #7 on: March 05, 2024, 11:06:56 pm »
I rather think your latest GSV link is the location, the yellow Western Union sign, and the orange Just Eat sign gives it away.

So obviously the PCN is totally incorrect !

If you ask for the video, be sure not to miss the deadline for submitting reps, we've already seen two OPs on here waiting for the video without submitting reps and getting Charge Certificates.
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privates

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Re: Stopped where prohibited - TFL
« Reply #8 on: March 06, 2024, 02:07:12 am »
Quote from: Incandescent on March 05, 2024, 11:06:56 pm
I rather think your latest GSV link is the location, the yellow Western Union sign, and the orange Just Eat sign gives it away.

So obviously the PCN is totally incorrect !

If you ask for the video, be sure not to miss the deadline for submitting reps, we've already seen two OPs on here waiting for the video without submitting reps and getting Charge Certificates.

Draft representation -

To whom it may concern,

 I challenge this PCN on the basis that it can be seen from your photographic evidence, my vehicle was not in Fairfield Road SW16 at the time of the alleged contravention.

For this reason I ask that the PCN is cancelled.

Thank you
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privates

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Re: Stopped where prohibited - TFL
« Reply #9 on: March 07, 2024, 08:06:41 pm »
Quote from: privates on March 06, 2024, 02:07:12 am
Quote from: Incandescent on March 05, 2024, 11:06:56 pm
I rather think your latest GSV link is the location, the yellow Western Union sign, and the orange Just Eat sign gives it away.

So obviously the PCN is totally incorrect !

If you ask for the video, be sure not to miss the deadline for submitting reps, we've already seen two OPs on here waiting for the video without submitting reps and getting Charge Certificates.

Draft representation -

To whom it may concern,

 I challenge this PCN on the basis that it can be seen from your photographic evidence, my vehicle was not in Fairfield Road SW16 at the time of the alleged contravention.

For this reason I ask that the PCN is cancelled as the PCN is incorrect and not forcable.

Thank you
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Incandescent

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Re: Stopped where prohibited - TFL
« Reply #10 on: March 08, 2024, 12:43:18 am »
"......as the PCN is incorrect and not enforcable."
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cp8759

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Re: Stopped where prohibited - TFL
« Reply #11 on: March 25, 2024, 09:58:52 pm »
@privates the TFL website says a notice of rejection was issued on Wednesday, and as all your letters get lost in the post you need to take action now. Start by calling TFL and asking if they can email you a copy of the rejection.

If you don't get it in the post this week and you can't get a copy by email, you might just have to do a blind appeal to the tribunal (I can help with that, email me about it).
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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 nor 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.

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privates

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Re: Stopped where prohibited - TFL
« Reply #12 on: May 09, 2024, 11:05:03 am »
Quote from: cp8759 on March 25, 2024, 09:58:52 pm
@privates the TFL website says a notice of rejection was issued on Wednesday, and as all your letters get lost in the post you need to take action now. Start by calling TFL and asking if they can email you a copy of the rejection.

If you don't get it in the post this week and you can't get a copy by email, you might just have to do a blind appeal to the tribunal (I can help with that, email me about it).

They will be sending me out a copy of the rejection today.
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cp8759

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Re: Stopped where prohibited - TFL
« Reply #13 on: May 15, 2024, 07:09:22 pm »
Quote from: privates on May 09, 2024, 11:05:03 am
They will be sending me out a copy of the rejection today.
Sorry it's too late for any of that:



You'll need to go through the TEC process, see the instructions here: https://www.ftla.uk/announcements/charge-certificate-cases-under-the-traffic-management-act-2004-no-original-notic/
« Last Edit: May 15, 2024, 07:18:03 pm by cp8759 »
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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 nor 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.

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

privates

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Re: Stopped where prohibited - TFL
« Reply #14 on: June 05, 2024, 09:29:34 am »
I am awaiting a reply from TEC, below is the rejection letter for future reference

https://ibb.co/ZdFmrY6
https://ibb.co/09tvFpq
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