Author Topic: Contravention: 46 Stopped where prohibited on a red route Ferndale Road London N15  (Read 283 times)

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zwi

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I needed to pick up my disabled mum from Ferndale Rd. I didn't have her disabled badge with me.
Spotting someone preparing to leave, I waited in my car with the engine on in front of him, albeit on double red lines.
 Two traffic wardens approached, and in an attempt to communicate with the driver behind, I very slowly reversed my car to indicate my intent to take the soon-to-be-vacated space. However,  the officers stood in front of my car, facing a camera / phone towards me. (even though the car was moving- very very slow).
Feeling pressured and with limited options, I made the decision to drive off. ( I circled the block and returned, than the parking space became available)
 The entire duration of my story couldn't have been more than two minutes.
Upon receiving the ticket, I noticed that the photo evidence purported to be taken from a "London road network camera," which was not the case. Instead, the image was captured using the officer's own device.
Does anyone have advise if and how to appeal?
Thank you in advance for your assistance.

Location: https://www.google.com/maps/@51.5792818,-0.072322,3a,75y,270h,95.78t/data=!3m6!1e1!3m4!1sy2jsFe8dyrqW2axbGSHHAg!2e0!7i16384!8i8192?entry=ttu

All documents etc:
https://photos.app.goo.gl/x9jbUsJ5yygrHohN7

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zwi

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Any advise?

Incandescent

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So I presume you drove slowly along Ferndale Road towards the main road looking for a parking space, and saw a car preparing to leave. You therefore stopped in front, and waited for the car to leave the bay, then you backed-in.

For this kind of thing it's imperative we see the TfL video of the alleged contravention. You can obtain this by contacting TfL and requesting it. TfL,being in the Dark Ages, send these out as DVDs and also place the PCN on hold for two weeks. Within this time it is expected that the DVD will have been produced and arrived at your address. So request the video, and post it up here when you get it.  Do be aware that the "On Hold" automatically ceases after a fortnight, so if the DVD is not received after about 10-11 days contact TfL again to find out when it was sent, and to request a new On Hold period.

zwi

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So I presume you drove slowly along Ferndale Road towards the main road looking for a parking space, and saw a car preparing to leave. You therefore stopped in front, and waited for the car to leave the bay, then you backed-in.


Correct! ( I backed-in when i saw the officers coming - before the the driver left the bay.

about the video, there is no CCTV in the area, and I don't believe that the officer did it,(I just drove away when he face his camera towards me) but I'll try to call them in the morning.

Thanks

 

H C Andersen

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You were stopped on a red route.
You drove off when officers started to record your car.
You did not engage with the officers at any stage.
There is no evidence that you did park in the parking place.
GSV suggests that your car couldn't have been aligned straight with the parking place because the kerb narrows.
The 'P' area is not restricted to BB holders.
The host of parking places in Ferndale is restricted only until noon, 3 minutes after the contravention.
Assisted boarding is permitted at these and on single and double yellow lines in any event.

Set against this your defence is that you were stopped only momentarily while attempting to perform a manoeuvre to reverse into a space which at the time of the contravention did not actually exist but you say you believed would become free imminently.

IMO, you'll have an uphill struggle with TfL, but you'll give yourself the best chance by re-ordering your account.

There's also a range of technical matters to be looked at separate from the actual events.



zwi

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So I presume you drove slowly along Ferndale Road towards the main road looking for a parking space, and saw a car preparing to leave. You therefore stopped in front, and waited for the car to leave the bay, then you backed-in.

For this kind of thing it's imperative we see the TfL video of the alleged contravention. You can obtain this by contacting TfL and requesting it. TfL,being in the Dark Ages, send these out as DVDs and also place the PCN on hold for two weeks. Within this time it is expected that the DVD will have been produced and arrived at your address. So request the video, and post it up here when you get it.  Do be aware that the "On Hold" automatically ceases after a fortnight, so if the DVD is not received after about 10-11 days contact TfL again to find out when it was sent, and to request a new On Hold period.

I just called now, and they don't have any video or other picture from the event

zwi

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Set against this your defence is that you were stopped only momentarily while attempting to perform a manoeuvre to reverse into a space which at the time of the contravention did not actually exist but you say you believed would become free imminently.

IMO, you'll have an uphill struggle with TfL, but you'll give yourself the best chance by re-ordering your account.

There's also a range of technical matters to be looked at separate from the actual events.

Thanks
I prepare a draft to send, do you have anything to add?

I have received your letter regarding PCN No: GF... for stopping on a red route on 07/05/2024 from 11:57 to 11:57.

At this time, I was driving very slowly in reverse into a space which I believed would become free imminently. Even if I did stop, it was only momentarily while attempting to perform the manoeuvre to reverse as mentioned.

I would appreciate it if you could provide me with video footage from any CCTV in the area to support my claim.

I kindly request that you review this situation and consider cancelling the PCN.

cp8759

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@zwi at present all postal PCNs from TFL are vulnerable to challenge. Furthermore for a drive-away PCN like this there is no power to serve a postal PCN in any event, as the power to serve a postal PCN only arises if the officer had started to prepare the PCN, which seems unlikely in the extreme from what you say, case in point Jack Sterling v London Borough of Haringey (2230251780, 3 July 2023)

However to allow us to carry out some basic checks please post the PCN without redacting the number plate or PCN number, as per the guidance here.

Also please note representations should be made online and you must keep a screenshot of the confirmation page, do not risk sending anything by post.
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

zwi

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However to allow us to carry out some basic checks please post the PCN without redacting the number plate or PCN number, as per the guidance here.

Thanks for your advice (again... :) ), I sent already my representation on 21/05/24 and waiting for reply.

enclosed is the PCN with the number plate:

https://photos.app.goo.gl/bYrNEVyCQ12SpiMg9


cp8759

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Well there's only one photo on TFL's website with the driver at the wheel, so I think they might struggle to show that the officer had started to prepare the PCN.
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

zwi

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I wrote to them:

I have received your letter regarding PCN... for stopping on a red route on 07/05/2024 from 11:57 to 11:57. At this time, As you can see in your picture, my hands are on the wheel, I was driving very slowly in reverse into a space which I believed would become free imminently. Even if I did "stop", it was only momentarily while attempting to perform the manoeuvre to reverse as mentioned. I would appreciate it if you could provide me with video footage from any CCTV in the area to support my claim. I kindly request that you review this situation and consider cancelling the PCN.

Today I got Notice Of Rejection enclosed: https://photos.app.goo.gl/M3bMnY1UFMkiWc1f9

Any further advise please

Thanks in advance

cp8759

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@zwi my view is still that TFL are unlikely to be able to prove that the officer had started to prepare the PCN, which is exactly the same ground we used to win in Jack Sterling v London Borough of Haringey (2230251780, 3 July 2023).

The notice of rejection still has some (even though not all) the defects highlighted in Commercial Plant Services Ltd v Transport for London (2240018512, 12 February 2024).

Personally I would carry on, I'll drop you a PM in case you'd like to be represented.
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

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