3. Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
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Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
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Hi,

Context
I've received a PCN from TFL for stopping in a red route loading/parking bay during restricted times (details below). I was dropping my wife off at an appointment she had with one of the shops on this high street. I had not noticed the signs and because the marked bays looked like on-street parking I assumed this was drop off was allowed. I must have stayed no more than 2 mins but I understand now that drop off or pick up is restricted for these types of bays.

Grounds of Appeal
TSRGD Chapter 3 paragraph 16.1.4
"All upright signs should face oncoming traffic as drivers need to be able to read them without stopping, otherwise they might be committing an offence."

TSRGD Chapter 3 paragraph 16.2.5
"All upright "no stopping" signs should normally face oncoming traffic, as mentioned in 16.1.4, otherwise a driver might be tempted to stop in a bay to read the sign, and in doing so risk the possibility of committing an offence."

My issue is that no red route signs are facing the direction of traffic to inform drivers of the restrictions. Even further back along the road, the double and single red lines do not even have an upright sign. The road also has a slight curve making the parallel signs even more difficult to see especially given they're not immediately at the beginning of the marked bays.

PCN Details
PCN: https://imgur.com/a/hy5wV5C
GSV: https://maps.app.goo.gl/4XnXvzsa6mJvYgjm9
PCN no: GX21901392
VRN: LF66JFK
Date of notice: 20/01/2025

What I have done so far
I have challenged the PCN on the TfL websites and took a screenshot of this as confirmation. I added details "Contravention did not occur".
I'm now waiting for a Notice of Rejection to take this up with the London Tribunal.

Questions
Have I made a mistake bypassing the TfL appeal? - I thought I'd just get a rejection anyway.
Should I include anything about CCTV enforcement? - I think not since TfL won the recent judicial review on this.
What do I expect if I go with a personal hearing? - I've never done anything like this before.

I have drafted a statement for the London Tribunal which I can post here if this helps.

I'm so grateful to have found this website. Thank you in advance!
« Last Edit: February 04, 2025, 05:51:06 pm by GavelSmash »
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Re: Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
« Reply #1 on: »
I received the Notice of Rejection yesterday by email which landed in the the junk folder ::)
For the benefit of others, make sure to add NoReply@tflenforcement.com to your mailbox safe sender rules.


I was stationary between loading bay for less than one minute between 13:51:21 until 13:52:15. >:(

I have attached the NoR with personal details redacted.

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Re: Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
« Reply #2 on: »
@cp8759 do you think I've got a chance with this one at the London Tribunal?
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Re: Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
« Reply #3 on: »
@GavelSmash if you appeal promptly TFL will keep the PCN frozen at £80, so to an extent you have nothing to lose, and the Notice of Rejection has a flaw that has been accepted by every adjudicator where the point has been properly argued. I'll drop you a PM in case you'd like me to represent you.
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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: Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay
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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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  3. Sutton, code 46 Stopped where prohibited (red route), O/S 46 - 50 High Street SM3/TFL, Red Route Loading/Parking Bay