3. TfL Red Route PCN
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TfL Red Route PCN
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Hi all,

I was looking for a parking on Lampard Grove and there was no parking. I stopped on the red route and waited for a space to become available. Whilst waiting I walked out of my car but stood next to my car, and an officer on a motorcycle arrived from behind me, and made a picture of my car. I immediately told him, that I'm leaving and sat myself into my car, so he started chatting to me, and whilst talking to me for several minutes he printed the ticket and threw it into my window. Whilst driving off, he made his second picture, where it is visible my car is moving away from the pavement.

I appealed it something along the lines:
I was standing on the side of the street while I was looking for a suitable place to park the car, the officer approached my car and took a picture from the front of the car. I immediately got back in the car and told the officer that I'm moving, he immediately started chatting to me and while he was talking, he threw the note into the car.

The picture behind the car was taken after I started driving, as you can see in the picture that the car is no longer at the curbside.
He took the picture from the signage more than five minutes after he issued the PCN as you can see on the date and time.

I never received a notice of rejection or any other communication, and now I received a Notice to Owner and the fee for the PCN has gone up from £80 to £160.

Is there something I can do?

Thanks so much for your help.



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« Last Edit: June 19, 2023, 02:32:53 pm by cp8759 »
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Re: TfL Red Route PCN
« Reply #1 on: »
From the PCN history it looks like they didn't respond to the informal representations, but legally they don't have to.

Was the officer an actual CEO, or a PCSO from the Met police?

Why did you stop there in the first place?
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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 Red Route PCN
« Reply #2 on: »
Thanks for looking into this.

It was a Police Officer.

I had stopped there whilst waiting for a parking spot to become available. I had a resident voucher to park on Lampard Grove.

 
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Re: TfL Red Route PCN
« Reply #3 on: »
Draft reps:

Dear Transport for London,

There has been a procedural impropriety on the basis of which the PCN must be cancelled. Specifically, the CEO did not comply with section 76(3) of the Traffic Management Act 2004. It follows that the PCN must be cancelled, regardless of any other matters.

Yours faithfully,

TFL will reject this because they won't understand it, but the fact that they don't understand it more or less guarantees victory at the tribunal. I'll be happy to represent you at the tribunal in due course.
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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
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Re: TfL Red Route PCN
« Reply #4 on: »
There is no option to challenge on TfL website, as they have not rejected the first challenge.

https://drive.google.com/file/d/1Imne4eID0Y9lAOYn136UdXJnPMzGty4C/view?usp=sharing

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Re: TfL Red Route PCN
« Reply #5 on: »
I'm afraid you'll have to send a letter in the post, the address to use is on the NTO.
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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 Red Route PCN
« Reply #6 on: »
Thanks. Will let you know what they respond.

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