3. TFL 46: Stopped where prohibited (on a red route or clearway)
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TFL 46: Stopped where prohibited (on a red route or clearway)
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Hi

Friend has received PCN below, he is unsure as to why. Any advice much appreciated.



Location: https://maps.app.goo.gl/MfwYvFGzL1xFJsaU7

I assume they are stating he was in the electric vehicle box which he said he was not.But even if he was pictures are not clear at all?

Thanks!
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Re: TFL 46: Stopped where prohibited (on a red route or clearway)
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We need a bit more info. The first photo on the PCN clearly show he is in the traffic lane with his rear offside wheel in the central hatched area, with brake lights on. The second photo doesn't show his vehicle at all, just an approaching bus.  As its a red route, one must not stop, unless the traffic flow stops. Was he stopped waiting to enter the parking bay by the shops ?

The PCN is served under the Traffic Management Act and their only evidence is a video, so he could ring them ask for it. This will stop the enforcement clock for about 14 days whilst "quill pen and ink, and powdered wigs" Transport for London send it by post as a DVD. There is an ongoing row about this, because DVD readers on computers are now rare, and even London Tribunals are getting concerned at such unhelpfulness. Most councils nowadays put their videos on-line with access using PCN Number and car reg.
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Re: TFL 46: Stopped where prohibited (on a red route or clearway)
« Reply #2 on: »
Quote from: Incandescent on Yesterday at 12:47:18 am
We need a bit more info. The first photo on the PCN clearly show he is in the traffic lane with his rear offside wheel in the central hatched area, with brake lights on. The second photo doesn't show his vehicle at all, just an approaching bus.  As its a red route, one must not stop, unless the traffic flow stops. Was he stopped waiting to enter the parking bay by the shops ?

The PCN is served under the Traffic Management Act and their only evidence is a video, so he could ring them ask for it. This will stop the enforcement clock for about 14 days whilst "quill pen and ink, and powdered wigs" Transport for London send it by post as a DVD. There is an ongoing row about this, because DVD readers on computers are now rare, and even London Tribunals are getting concerned at such unhelpfulness. Most councils nowadays put their videos on-line with access using PCN Number and car reg.

He isn’t sure himself and the picture doesn’t really help. I guess best option is to request a video. Only concern is if it doesn’t come in time will he lose the right to the discount? Also if it comes up by DVD, he will struggle to watch it as he does not have a DVD reader.
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Re: TFL 46: Stopped where prohibited (on a red route or clearway)
« Reply #3 on: »
I would get the video if he doesn't remember the situation.

TfL stop the enforcement clock when video is requested for 14 days, then it automatically starts again, so he must be proactive in the matter. Alternative is to submit reps stating he is totally unaware of any contravention, and has difficulty remembering his movements on the day in question, and consider that the alleged contravention did not occur. They will re-offer the discount when rejecting the reps. (don't ever expect TfL to cancel a PCN, they want the money). If you take them to London Tribunals, the video must be made available to the adjudicator as it is the sole evidence.
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Re: TFL 46: Stopped where prohibited (on a red route or clearway)
« Reply #4 on: »
Thanks - will tell him to request a video.

Feels silly that it has to be requested and this is the evidence they provide of a contravention.It should be a standard.

There could be a number of reasons why break lights are on in the middle of the road and for someone who could be driving a lot, how would they expect them to remember a situation from such an image.
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Re: TFL 46: Stopped where prohibited (on a red route or clearway)
« Reply #5 on: »
You may be surprised to know that photos are not even a legal requirement on the PCN ! The law is totally out-of-date now, especially with the rapid advance in the internet and the ability to show videos on-line. TfL are in the tech dark ages and their reliance on DVDs sent by post has come under scrutiny at London Tribunals, althnough whether they will be able to "persuade" TfL to up their game is another matter. All the London councils have their videos on-line,  as do most others. Quite why TfL persist is a puzzle because there is an admin cost in sending out DVDs.
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