Author Topic: TFL Code 46: Stopped where prohibited - Camden High St  (Read 1003 times)

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Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #15 on: »
I have previously pm'ed the footage to cp8759.

I have checked the PCN status history and it states "Rejected Representation - Discount Period Reset TfL has rejected a representation received for this PCN. The discount period has been reset for a specific duration."

The above is dated on the 18th July 2024.

I have not received the rejection notice or paper work in the post yet so I'm waiting for that.

In the meantime, @cp8759 do you think I still have a ground to take it further or is it best to pay up while the discount is there?

Will post up the paperwork when in arrives.

Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #16 on: »
@TMOCONTRACTLAW if you appeal while the discount is still on offer, the pattern for many years has been that TFL will not demand the full penalty even if you lose the appeal. Of course we cannot give you an absolute guarantee that TFL hasn't changed its policy this week, but you'd have to be exceptionally unlucky for that to be the case.
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 Code 46: Stopped where prohibited - Camden High St
« Reply #17 on: »
I understand that if I did appeal, TfL will most likely reoffer the discounted rate again.

What would I be appealing it under?

Also, I haven't received paperwork in the post as of yet but have received the rejection letter via email last week. I'll try to upload it later.

Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #18 on: »
Attached are both pages of the Notice of Rejection.

I have received this via email alongside the 'your right to appeal' document. I have not received this letter or anything else in the post as of yet.

Are TfL required to post the Notice of Rejection to me?

Page 1 of NoR: https://drive.google.com/file/d/1z8EABD3AU0Ng1djAf5BLPOLgTDVF6sE-/
Page 2 of NoR: https://drive.google.com/file/d/1_jCrWRpV4IfusthzUTZ8zxzAZ5F1C7r4/view

Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #19 on: »
As far as I know sending letters of refusal by post is mandatory unless you have agreed to receive them by email. As expected, they have re-offered the discount (£80).

Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #20 on: »
I remember online filling out my details which included putting in my email but, I do not recall telling TfL to email me the NoR. Would it be worthwhile getting in touch with TfL to see why they have emailed me the letter instead of posting it out? As surely by now I would have received it now in the post.

Also, they has sent me the CCTV footage by post and then sent another copy but the 2nd one didn't have a DVD inside the post. I have kept both letters. They both have tracking numbers. Not sure if this is necessary but, still worth mentioning.

Will wait for cp8759 input whether to take it further or pay at the discounted rate.

Edit - Have checked my reps confirmation screenshot and it does say the NoR 'may be served to the email address entered'.
Reps screenshot:  https://drive.google.com/file/d/1mQNfs7Zgk5FpUjlf1hvprie_7MyPT6mO
« Last Edit: July 29, 2024, 01:15:00 am by TMOCONTRACTLAW »

Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #21 on: »
OP, pl post 'the enclosed appeal form'.


Re: TFL Code 46: Stopped where prohibited - Camden High St
« Reply #23 on: »
@TMOCONTRACTLAW to answer your PM, you have the following issue: TfL will only freeze the PCN at the discounted amount if they receive notice that an appeal has been listed from the tribunal while the discount is still on offer. The NoR is dated 18 July so even if you'd appealed a couple of days ago, it would have been too late as it takes the tribunal around 5 to 7 business days to process the form and notify TFL.

However there is a simple workaround: if you pay the PCN at the 50% rate and then appeal anyway, TFL have not (in our experience to date) ever demanded the other £80 even if the appeal is refused, but obviously if the appeal is won you TFL will be ordered to refund the £80 payment.

So in short my advice is to pay the £80 now and then file an appeal anyway, as you effectively get a risk-free appeal.
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 Code 46: Stopped where prohibited - Camden High St
« Reply #24 on: »
Thank you for your prompt response. As, today was the last day to pay at the discounted rate.

I will pay the PCN at the discounted rate and then have a think if I would like to take it further.