Free Traffic Legal Advice

Hi all,

I had a topic up in Pepipoo and am at adjudicator stage for a PCN issued by TFL for red route by CCTV. I have attached a print out of the archived topic.

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I understand there was a recent case where TFL challenged their right to issue PCN by CCTV, and would be gratful if anyone could advise further.

Thanks!

PCN

Pics

Google street view
https://www.google.co.uk/maps/@51.572982,-0...6384!8i8192

Appeal
Dear Transport for London,

I challenge liability on the basis that the penalty demanded exceeds the amount due in the circumstances of the case. The alleged contravention is "Stopped where prohibited (on a red route or clearway)", but this is not a civil contravention because there is no corresponding offence under paragraph 3(2) of Schedule 7 to the Traffic Management Act 2004. It follows that the only penalty that may be demanded is nil, and the PCN must be cancelled.

Furthermore service of a postal PCN in these circumstances is unlawful. Regulation 11 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 only permits service of a postal PCN on a red route where the road is marked in accordance with either diagram 1018.2 at item 11 or diagram 1017.1 at item 12 in Part 4 of Schedule 7 to the Traffic Signs Regulations, the section of road where my vehicle was filmed is not marked with either of these and in such circumstances, the power to serve a postal PCN does not arise. It follows that service of a postal PCN in this case amounts to a procedural impropriety and the penalty must be cancelled.

TFL is well aware of these issue having had them drawn to its attention in numerous tribunal ruling, including Chief Adjudicator Anthony Chan in Gregory Orford v Transport for London (2220689027, 09 January 2023). Adjudicator Chan went as far as saying that "[TFL's] conduct of the proceedings was nothing short of scandalous. I will be making an order for costs under separate cover."

In the circumstances, TFL will appreciate that it would be wholly unreasonable to issue the usual templated Notice of Rejection that merely drones on and on about the merits of red route enforcement, and should that route be pursued the authority will be facing a costs application at the tribunal stage.

Yours faithfully,

Rejection
Will upload when I find it as it was on the Pepipoo site

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Thank you!

Yes, for the 21st.

I have written in quoting the latest case, and hopefully the adjudicators will find similar fault with TFL

Thanks for your help

On paper

Thanks! How do I do that?

Thanks again!!

TFL have actually advised that they are appealing both this and the panel decision in May.

I guess they are trying to fight this all the way.