Author Topic: TfL, Parking Contravention 21: Parked wholly or partly in a suspended bay or space, NORTH KERB CAZENOVE ROAD N16  (Read 390 times)

0 Members and 45 Guests are viewing this topic.

You're confusing a bay with a designated parking place, the two are not one and the same. The traffic management order is The GLA Roads and GLA Side Roads (Hackney) Red Route Consolidation Traffic Order 2007 and the amendments to that order are in this folder. You won't find anything in any of those orders that designate any length of highway as a designated parking place, nor is there any power within the TMO to suspend parking places (because they don't exist so they can't be suspended).

That's why every single bay contravention on a red route is dealt with under code 46 - stopped on a red route or clearway where prohibited, code 21 is an anomaly because if they used code 46 you'd have a bomb proof defence that the TMO allows stopping (assuming you've complied with the conditions of the stopping exemption for that bay).

The problem is that even under code 21 you have a bomb proof defence i.e. that there is no designated parking place to be suspended in the first place, and the TMO has no suspension powers anyway (the word "suspend" does not appeal anywhere in the TMO).

This however is a very technical argument so I would not suggest a DIY appeal, as it would be very easy to mess it up. You can either send it to me as per the "One-on-one support" paragraph at the bottom of this page, or see if one of the other professional representations on here has time to assist you.
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