3. TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
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TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
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I work as a private hire, I received a PCN for stopping here on York Way. I was renting the vehicle at the time for this contravention and it does not belong to me. The hirer company transferred liability to me as per my Hirer's T&Cs. I may or may not have picked up someone, and that's why I requested footage from TFL.

TFL put the case on hold while they send this 'DVD' to me however I haven't received anything in the post.
Today they sent me a charge certificate demanding payment of £240.


PCN: 
https://i.ibb.co/3r50rF8/IMG-3768-2.jpg
https://i.ibb.co/xStQYjM/IMG-3769.jpg

Charge Certificate:
https://i.ibb.co/vkmczMR/IMG-3770-2.jpg
https://i.ibb.co/Ptjxtpp/IMG-3771.jpg

Location: https://maps.app.goo.gl/c2CVMTwULwxFti8v7



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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #1 on: »
What a pity you didn't come on here when you first received the PCN.
Normal advice here is to ask TfL for the video, as you did, but to also point out that TfL suspend the PCN enforcement for 2 weeks and then automatically start again. It looks like you just sat waiting for the video without calling TfL when it didn't turn up. Yes, I know, we are all busy people, me included, and I'm retired !!!

So I think the best thing to do now is to ask TfL when the video was sent out, and tell them that you have not received it, point out you have received a CC, and and request that it be cancelled, and a new DVD sent out.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #2 on: »
Well the PCN history says it all:



You'll just have to go with Incandescent's suggestion but truth be told, I think TFL will just say you missed the representations deadline and that's that. It's generally a bad idea to try and handle a TFL PCN without assistance from us, as these sorts of procedural issues can be a real minefield.

It's a real shame as I think the signage at this location doesn't allow CCTV enforcement, but unless TFL agrees to consider an out-of-time representation then it's too late to argue any of that.
« Last Edit: June 10, 2024, 12:24:59 am by 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 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, O/S 2 YORK WAY N1
« Reply #3 on: »
I've read a similar thread here and the first step was to get cctv footage. So I thought instead of making a thread without the footage, get the footage and post it along with the pcn on a new thread.

I have asked for the charge certificate to be cancelled but the customer rep told me that he can't do that, a new dvd was sent out and was told that the case would be put on hold in the meantime.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #4 on: »
Don't read more into the Charge Cert than is shown by the PCN log: a DVD was sent pursuant to your request and then there was no communication from you for nearly 2 months. TfL aren't going to contact you and ask politely 'did you receive the DVD and when may we expect your response', they took the only procedural action open to them to jog your memory: they issued a CC.

And it worked because it caught your attention!

So what do you intend to do? I suggest you wait no more than 3-4 days and if you've not received the DVD then contact them again. In the meantime, I suggest you email TfL and thank them for posting the DVD which you will action as quickly as possible and submit representations.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #5 on: »
Quote from: hirerspcn on June 10, 2024, 03:48:48 am
I've read a similar thread here and the first step was to get cctv footage. So I thought instead of making a thread without the footage, get the footage and post it along with the pcn on a new thread.
Let's hope others will take note of this and not make the same mistake. Trying to handle any PCN on your own can be a recipe for disaster.
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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 Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #6 on: »
Received the DVD footage. Looks like i stayed less than a minute. The only reason i can think of is that the passenger has cancelled their rideshare booking.

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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #7 on: »
Fine, but  have you called TfL about the Charge Certificate, because at the moment, you have lost the option to submit reps ?  Only when the CC is cancelled will you get it back.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #8 on: »
I have just called TFL and they told me that they cannot cancel the charge certificate.

They told me I am still able to challenge it but I have to explain why my challenge is late.

How should I proceed?
Thanks
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #9 on: »
Submit your challenge, and also put a note in of the time you called TfL, and what you were told.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #10 on: »
Explanation
On 12 April 2024 I requested footage for this PCN which I did not receive after several weeks. I later received a Charge certificate and called TFL on 6 June to let them know that I did not receive my requested footage.

The customer representative received my request, after which I asked for my charge certificate to be cancelled so that I could make representations. He told me he could not cancel the charge certificate and he advised that once I have received my footage that I will be able to make representations. I was also told that the case would be put on hold until I received my footage

This time on June 18 I called TFL again to let them know I still haven't received my footage, this time making sure to follow up on my requested footage. I was told by the customer representative that it has been sent out and was assured that I would be able to make representations after I have received it.

I called on 21 June to let TFL know that I received my footage and that I wish to make representations. They told me again they couldn't cancel the charge certificate and should explain here why I was unable to make representations.

Since I have received the requested footage I wish to make representations.

Thank you.

_____________________________

What should I select as my representation details from the following:

Representation details

The Contravention did not Occur.

The Traffic Order was invalid.

I was not the owner/keeper at the time of the Contravention

The Vehicle has been taken without my consent

The Penalty has been paid in full, or has been paid at the reduced amount within the specified period

The Penalty Charge exceeds the applicable amount.

We are a Hire Firm and have supplied the name of the hirer.

There has been a procedural impropriety on the part of the Enforcement Authority

Any mitigating circumstances you wish to raise
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #11 on: »
What should I write for my challenge and what should I select for my Representation from these options?

Representation details

The Contravention did not Occur.

The Traffic Order was invalid.

I was not the owner/keeper at the time of the Contravention

The Vehicle has been taken without my consent

The Penalty has been paid in full, or has been paid at the reduced amount within the specified period

The Penalty Charge exceeds the applicable amount.

We are a Hire Firm and have supplied the name of the hirer.

There has been a procedural impropriety on the part of the Enforcement Authority

Any mitigating circumstances you wish to raise
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #12 on: »
In the absence of any information on the location of parking in detail, all you can really select is "the contravention did not occur", this being your honest opinion of the matter.
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Re: TFL Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #13 on: »
Make a representation saying the contravention did not occur, this makes it easy for them to issue a notice of rejection. When asked why the representations are late, explain that you were waiting for the DVD to arrive and that you understood the penalty would be kept on hold until you had a chance to view the footage.

If you get a notice of rejection that allows you to appeal to the tribunal, there are some more substantive grounds we can use 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 Code 46 Stopped where prohibited, O/S 2 YORK WAY N1
« Reply #14 on: »
Thank you Incandescent and cp8759
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