Author Topic: tfl- Stopped where prohibited (on a red route or clearway)  (Read 81 times)

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tfl- Stopped where prohibited (on a red route or clearway)
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received pcn GX34506073 reg AU56UXR. unfortunately cant locate original letter, but for the matter which i raise the below should suffice. this pcn is for parking on red route at this location
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. however tfl haven't included evidence showing my car in the alleged bay, they only included 2 pictures of the side of a car which "may" be mine and a picture of my car on driving nearby. i requested cctv but they just rejected. rejection attached.

any help/advice?

thanks

REJECTION LETTER:
Google Docs · drive.google.com



PICTURES CONCERNED:
Google Docs · drive.google.com


Google Docs · drive.google.com


Google Docs · drive.google.com

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Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #1 on: »
You need to set pics for access.

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #2 on: »
apologies.

done now

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #3 on: »
Photos are not a legal requirement, but TfL have provided two frame from their video record. Their letter says their video will be supplied under separate cover. These are sent by post as a DVD, and if they have processed the matter correctly, the enforcement process is put on hold for about 14 days. Check the PCN status to see it is no hold and a DVD is to be sent. If in  doubt phone them.

Enforcement is a civil law matter, so the test of the contravention occurring is "on the balance of probabilities", and this is what will be applied by an adjudicator at London Tribunals. TfL will say you were there and show the video, so what will you say, "it wasn't my car" or "the numberplate has been misread" or what ?

The contravention time is 17.55, well within the restricted times.

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #4 on: »
These are sent by post as a DVD, and if they have processed the matter correctly, the enforcement process is put on hold for about 14 days. Check the PCN status to see it is no hold and a DVD is to be sent. If in  doubt phone them.

IMO, not quite.

Because the OP fired off reps before seeing the CCTV evidence and has now received a NOR, the deadlines for registering an appeal with the adjudicator still apply, they have not been halted pending delivery of the PCN. TfL might delay issuing a CC, but IMO this is a separate matter.

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #5 on: »
OK, so the video will be useful if the OP decides to take them to London Tribunals, assuming it ever turns up !

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #6 on: »
Hi,

I phoned tfl today. They confirmed :
1) dvd has not been posted yet, and 2) pcn is not on hold and last day of discount is today.

Any advice how to proceed? My assumption is that if they have the cctv it might indeed show car parking there, but my question is 1) do they send out the dvd?  And 2) do they always present it at appeal and lastly 3) if I do pay today can I then do anything if no dvd arrives or if it arrives but doesn't show contravention?

Many thanks

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #7 on: »
Paying closes the case. Your alternative is to register an appeal at London Tribunals, but what are you going to say ? It would seem your car was there, and if it was and you say it wasn't, you're getting into dangerous territory.

Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #8 on: »
Understood.

My thinking was that as they didn't include pictures showing car mid parking or something similar which would show 100% it was there perhaps they don't have this and only have the part where the car is well in middle of the road...but suppose this is wishful thinking...


Re: tfl- Stopped where prohibited (on a red route or clearway)
« Reply #9 on: »
Understood.

My thinking was that as they didn't include pictures showing car mid parking or something similar which would show 100% it was there perhaps they don't have this and only have the part where the car is well in middle of the road...but suppose this is wishful thinking...
The photos on the PCN are frames from their video. So if you want to chance it, register an appeal at London Tribunals, but remember the full PCN penalty will be in play.