Author Topic: TFL PCN Code 62 - Parked with one or more wheels on a footpath Opposite 58-64 Edgware Road W2  (Read 2612 times)

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Hi there guys,

I received this pcn recently and would like to know the correct way to appeal it. The contravention is "62:Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway".

I am an uber driver and briefly stopped at this location to pick up 2 customers that had suitcases. Wasn't there very long and didn't even know cameras could pick you up here. I was not parked on the pavement but actually on a driveway which leads down towards a car park.

I have seen a few other members successfully appeal this location but for other circumstances. Would really appreciate any help

Here is a link to all the pictures of pcn and where I was parked.

https://drive.google.com/drive/folders/14od7hCtolQB4Fd4OqYTrX7_aeo2ufq-G


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« Last Edit: October 16, 2023, 02:44:05 pm by mr-jp »

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Look at your google drive folder pl and align the evidence with this thread!

The PCN is for 52M failing to abide by a traffic sign the video shows that to be correct

The PCN is for 52M failing to abide by a traffic sign the video shows that to be correct but the PCN has the date for making reps wrong date of notice not service so that wins often at tribunal

Apologies I think I got my folders mixed up as I have 2 PCNs ongoing. The folder link should be correct now & all evidence is there I believe

Any help with this one guys?

Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.

One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:

“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;

The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.

Obviously this is a novel an untested argument, but food for thought.
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

Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.

One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:

“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;

The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.

Obviously this is a novel an untested argument, but food for thought.

Thanks CP! That's interesting and I hope that's the case. Not the first time TFL have tried to give me a PCN when they weren't supposed to. Will give them a call tomorrow for the dvd

Call TFL and ask for the video, they will send a DVD in the post and put the penalty on hold while you wait.

One possible angle we haven't explored before is that under section 15(2)(c) of the Greater London Council (General Powers) Act 1974 "A local authority may prosecute in respect of any offence under the foregoing subsection which is committed in its area", every other reference to an authority is to a highway authority, which is defined as:

“highway authority” means the Secretary of State in respect of all trunk roads, Transport for London in respect of all GLA roads and a borough council or the Common Council, as the case may be, in respect of all streets in their area, whether or not maintainable at the public expense, which are not for the time being trunk roads or GLA roads;

The fact that different terms have been used indicates that the power to prosecute rests with the local authority, irrespective of who the highway authority happens to be. Unless decriminalisation changed this, the consequence would be that only the local authority can enforce, and TFL cannot.

Obviously this is a novel an untested argument, but food for thought.

Hey, just to update I have finally received the PCN video and have added it to the evidence folder. I was parked for around 3 minutes while passangers got in with their suitcases. Anything you can advise?

Any more advice with this one guys?

I've looked at the video, here is a draft representation:

Dear Transport for London,

At the time of the alleged contravention, my vehicle was stopped for the purpose of loading or unloading goods, in accordance with section 15(3)(d) of the Greater London Council (General Powers) Act 1974.

It follows that the alleged contravention did not occur, and the penalty charge should be cancelled.


Yours faithfully,

I doubt TfL will accept it, but you have a reasonable chance 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

I've looked at the video, here is a draft representation:

Dear Transport for London,

At the time of the alleged contravention, my vehicle was stopped for the purpose of loading or unloading goods, in accordance with section 15(3)(d) of the Greater London Council (General Powers) Act 1974.

It follows that the alleged contravention did not occur, and the penalty charge should be cancelled.


Yours faithfully,

I doubt TfL will accept it, but you have a reasonable chance at the tribunal.

Thanks so much CP. I've used your template and sent off the appeal. Will update when I get a response

Hey guys so after all this time I have just received a charge certificate saying that my penalty charge has increased & I now owe them £240. I did send off my appeal but never received a letter back with a response so I assumed that my case was still on hold. What can I do from this point?

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OP, the dates as far as we know/can guess:

PCN dated 27 Sept, deemed served 29th. Last day of 28-day period for making reps: 26 Oct.

But you requested the DVD which would have put the clock on hold.

'Will give them a call tomorrow for the DVD' posted Oct 17. Let's say process on hold Oct 18th. Clock stops at day 20 of 28.

'I have finally received the PCN' posted Nov. 7th. Let's say 7 Nov. Clock starts with 8 days remaining. Last day for reps now 15 Nov.

'I've sent off the appeal'. Posted Nov. 17th literally... deemed rec'd by TfL 21 Nov.

You have to fill in the blanks with accurate dates because at present it seems your reps were late and could be disregarded and you could have no choice but to pay £240.

Date DVD requested. If by phone were any undertakings given by TfL as regards process.
Date DVD rec'd. Again, any instructions regarding dates?
How did you submit your reps?

Hi HC, the dates you said were more or less correct but I remember when I submitted my appeal via the tfl website it wasn't classed as a late submission. I have just gone back to their website & found all the dates in status history, which I will attach.

I've noticed it says that they rejected my appeal on 05/12/23 & that the discount period was reset but I didn't receive any letter about this. How do I respond to them about not receiving anything after my appeal?

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