3. TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera operator,
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TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera operator,
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Didn't realise you couldn't park at here midnight, I thought from the sign it was a 7am-7pm no parking.

Can they really just take pictures and send it by post without ever writing a ticket?

What do you guys think.



https://drive.google.com/file/d/1hr0f2W0OYx4RPwRaH4c3Z9eJlsuQUk1B/view?usp=sharing
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #1 on: »
TFL cannot issue a PCN via CCTV in bays situated on red routes they must be served by affixing to the vehicle by a CEO see link
http://forums.pepipoo.com/index.php?showtopic=150034
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #2 on: »
Send this:

Dear Transport for London,

I challenge liability on the basis of a procedural impropriety, specifically it is unlawful for you to serve a postal PCN in these circumstances. I refer you to the red route panel decision in Commercial Plant Services Ltd & others v Transport for London (2230060716, 25 May 2023) published at www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf

It follows that the PCN must be cancelled.

Yours faithfully,

If they reject, I'll sort out the tribunal appeal for 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
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #3 on: »
Perfect thanks will let you know what they come back with, they said 15 days.
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #4 on: »
They said no.

'The decision you have quoted is disputed and subject to legal challenge'

Madness. Didn't they lose their legal challenge as well? I should go for costs!

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« Last Edit: August 04, 2023, 03:35:25 pm by speedfighter23 »
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #5 on: »
Copied over from Pepipoo:-

OP----in previous cases TfL have either tried for an adjournment or asked the appellant to ask the Tribunal for an adjournment.

However in your case they haven't made such a request or asked you to place your case in abeyance.

You need to read the Decision in this case:-

http://forums.pepipoo.com/index.php?showto...t&p=1787830

So you have been prejudiced by an unlawful demand for money.

The Chief Adjudicator makes it quite plain that TfL cannot act in this fashion and that appellants cannot be placed in this prejudicial position.

Submit an appeal to the Tribunal and ask for costs (4 hours at £19ph should do it). That's just your time and effort in researching and incidental costs.

Mike
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #6 on: »
I think you have standing to oppose the judicial review, but first you need to appeal the PCN.

For the sake of simplicity, would you like me to represent you at the tribunal?
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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
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #7 on: »
Sure, let me know whatever you need from my end! Thank you so much.
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #8 on: »
I have sent you a PM.

Also, you might want to have a look at this thread: https://www.ftla.uk/the-flame-pit/tfl-judicial-review-326/
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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
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #9 on: »
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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #10 on: »
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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
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #11 on: »
Outcome but we expect TFL to seek a review.
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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
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #12 on: »
We won!

Thank you so much everyone for the help.
TFL did not even show up, what a joke, they really need to stop getting away with this.

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Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #13 on: »
They will all follow the panel decision for the time being at least.  Congratulations.  But, yet another example of a voracious and shameless authority attempting to rip off people who are not so fortunate as to come on here and fight.
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I REGRET THAT, FOR THE PRESENT, I AM UNABLE TO TAKE ON ANY MORE CASES AS A REPRESENTATIVE AT THE LONDON TRIBUNALS. THIS IS FOR BOTH PERSONAL AND LEGAL REASONS. PLEASE DO NOT PM ME UNLESS YOU HAVE POSTED YOUR THREAD ON THE FORUM AND I WILL ATTEMPT TO GIVE ADVICE.


If you do not challenge, you join "The Mugged Club".

cp8759 and mrmustard are true geniuses. I know my place in the hierarchy of The Three Musketeers. 😊 "The Clinician", "The Gentleman" and "The Showman"

There are "known knowns" which we may never have wished to know. This applies to them. But in the field the idea that there are also "unknown unknowns" doesn't apply as they hide in the aleatoric lottery. I know this is true and need to be prepared knowing the "unknown unknowns" may well apply.

To Socrates from "Hippocrates"
Re: TfL - Camden - 46 - Stopped where prohibited (on a red route or clearway), Red route and PCN issued via camera opera
« Reply #14 on: »
Lol TFL not happy?


Dear Mr XXXXXXX

TfL has sought a review of the decision of the adjudicator in your case. It has also sought an urgent judicial review of the leading decision in the High Court.

The Chief Adjudicator has directed that the review application for your case be suspended until the lead case is heard at the High Court.

We will contact you again in due course.


Yours sincerely,

Case Management Team
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