Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: speedfighter23 on June 27, 2023, 12:33:14 am
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This is an old thread, but do the principles still apply?
No, there are new ones that work even better. Start your own thread and we'll help you out.
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This is an old thread, but do the principles still apply?
Thanks
I've a feeling they don't (see Reply#17 above) but please see
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and start your own thread
https://www.ftla.uk/index.php?action=post;board=3.0
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This is an old thread, but do the principles still apply?
Thanks
Send this:
Dear Transport for London,
I challenge liability on the basis of a procedural impropriety, specifically it is unlawful for you to serve a postal PCN in these circumstances. I refer you to the red route panel decision in Commercial Plant Services Ltd & others v Transport for London (2230060716, 25 May 2023) published at www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf
It follows that the PCN must be cancelled.
Yours faithfully,
If they reject, I'll sort out the tribunal appeal for you.
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AFAIR TFL chap wanted to reopen all the old cases following the High Court decision. Mr Teper was rightly not impressed.
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First instance outcome (https://drive.google.com/file/d/1C2BSfugY__kdIx-s_9cn1oAETXbJpo0n/view).
Review outcome (https://drive.google.com/file/d/1oAJSt6LPbWRqBiQeW96G-FGVsX-OpGBF/view).
Note: these decisions are historic and are superseded by the judicial review in Transport for London, R (on the application of) v London Tribunals (Environment and Traffic Adjudicators) [2023] EWHC 2889 (Admin) (https://www.bailii.org/ew/cases/EWHC/Admin/2023/2889.pdf)
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Note to self: CCTV camera is a Predator HD Ultra but TFL has refused to confirm exactly which one. Internal review due back on 16 November.
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Should be an expensive session at The Knights' Templar! I'll be there.
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Lol TFL not happy?
Dear Mr XXXXXXX
TfL has sought a review of the decision of the adjudicator in your case. It has also sought an urgent judicial review of the leading decision in the High Court.
The Chief Adjudicator has directed that the review application for your case be suspended until the lead case is heard at the High Court.
We will contact you again in due course.
Yours sincerely,
Case Management Team
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They will all follow the panel decision for the time being at least. Congratulations. But, yet another example of a voracious and shameless authority attempting to rip off people who are not so fortunate as to come on here and fight.
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We won!
Thank you so much everyone for the help.
TFL did not even show up, what a joke, they really need to stop getting away with this.
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Outcome (https://drive.google.com/uc?id=1C2BSfugY__kdIx-s_9cn1oAETXbJpo0n) but we expect TFL to seek a review.
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Please do this: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/tfl-code-46-parked-on-a-red-route-(loading-box)-or-clearway-egerton-road-n16-par/msg3935/#msg3935
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https://www.dailymail.co.uk/news/article-12377011/Sadiq-Khans-TfL-broke-law-using-CCTV-traffic-wardens-fine-drivers-landmark-ruling-motorists-owed-millions-pounds-refunds.html
Nice one!
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I have sent you a PM.
Also, you might want to have a look at this thread: https://www.ftla.uk/the-flame-pit/tfl-judicial-review-326/
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Sure, let me know whatever you need from my end! Thank you so much.
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I think you have standing to oppose the judicial review, but first you need to appeal the PCN.
For the sake of simplicity, would you like me to represent you at the tribunal?
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Copied over from Pepipoo:-
OP----in previous cases TfL have either tried for an adjournment or asked the appellant to ask the Tribunal for an adjournment.
However in your case they haven't made such a request or asked you to place your case in abeyance.
You need to read the Decision in this case:-
http://forums.pepipoo.com/index.php?showto...t&p=1787830
So you have been prejudiced by an unlawful demand for money.
The Chief Adjudicator makes it quite plain that TfL cannot act in this fashion and that appellants cannot be placed in this prejudicial position.
Submit an appeal to the Tribunal and ask for costs (4 hours at £19ph should do it). That's just your time and effort in researching and incidental costs.
Mike
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They said no.
'The decision you have quoted is disputed and subject to legal challenge'
Madness. Didn't they lose their legal challenge as well? I should go for costs!
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Perfect thanks will let you know what they come back with, they said 15 days.
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Send this:
Dear Transport for London,
I challenge liability on the basis of a procedural impropriety, specifically it is unlawful for you to serve a postal PCN in these circumstances. I refer you to the red route panel decision in Commercial Plant Services Ltd & others v Transport for London (2230060716, 25 May 2023) published at www.londontribunals.gov.uk/sites/default/files/keycases/Red%20Route%20Panel%20Decision.pdf
It follows that the PCN must be cancelled.
Yours faithfully,
If they reject, I'll sort out the tribunal appeal for you.
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TFL cannot issue a PCN via CCTV in bays situated on red routes they must be served by affixing to the vehicle by a CEO see link
http://forums.pepipoo.com/index.php?showtopic=150034
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Didn't realise you couldn't park at here midnight, I thought from the sign it was a 7am-7pm no parking.
Can they really just take pictures and send it by post without ever writing a ticket?
What do you guys think.
https://drive.google.com/file/d/1hr0f2W0OYx4RPwRaH4c3Z9eJlsuQUk1B/view?usp=sharing