Author Topic: Fighting a TfL PCN contravention 62  (Read 1009 times)

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Fighting a TfL PCN contravention 62
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Hello everyone. I was advised to migrate here from the Pepipoo site, so here I am. Original thread link:

http://forums.pepipoo.com/index.php?showtopic=149343

Cp8759 has been kind enough to help me fight this and his support is much appreciated. In short, I was given a camera operator ticket while I stopped and parked the car on the pavement, in front of a store, to get some building supplies on my way to work. The pavement was very wide at that location(roughly about twice the normal width) and I was not obstructing the passage for anyone. I kept an eye out for any unwelcome traffic wardens passing by, but the eagle eye of the camera operator 120 spotted me and zoomed in, to take the reg plate number.
However, the operator must have been too eager to send me the ticket and forgot that it was a Saturday. TfL does not mail out tickets on a Saturday, as it was confirmed in the reply to the FOI sent to them by cp8759. Mail is only picked up Monday to Friday. So by their admission, he committed a procedural impropriety according to this:

https://www.legislation.gov.uk/uksi/2007/3483/schedule/made

'Paragraph 3 of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 provides that:


 'Contents of a regulation 10 penalty charge notice
2. A regulation 10 penalty charge notice, in addition to the matters required to be included in it by regulation 3(4) of the Representations and Appeals Regulations, must state—
(a)the date of the notice, which must be the date on which it is posted'

The notice was issued with Saturday's date on it, while being posted out the on Monday, thus going against the regulations and invalidating the PCN. I think this can mainly help out all of the people that are being issued tickets over the weekend periods, Sat and Sun more specifically.

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Re: Fighting a TfL PCN contravention 62
« Reply #1 on: »
Would you like me to represent you at the tribunal?
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: Fighting a TfL PCN contravention 62
« Reply #2 on: »
Hi Cp. Yes, I would like that, thank you very much for your help.

Re: Fighting a TfL PCN contravention 62
« Reply #3 on: »
I'll drop you a PM.

note for myself: NTO posted (not) on Saturday.
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: Fighting a TfL PCN contravention 62
« Reply #4 on: »
Outcome here.
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