Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: philou on April 24, 2024, 02:24:56 am
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The traffic order is The GLA Roads and GLA Side Roads (Hackney) Red Route Consolidation Traffic Order 2007 (https://drive.google.com/file/d/1nKIasnoMqHziJSAr2N9ClJfbAK76Wwbg/view), the relevant entry is item 15 on page 80.
Will get him to draft something and will post it here for review before submission if that's ok.
It looks like something was already submitted on Friday, can we see a copy please?
Here are the TFL photos:
(https://i.imgur.com/YuD8cJb.jpeg)
(https://i.imgur.com/PQ0Hkih.jpeg)
(https://i.imgur.com/Ic7O8nP.jpeg)
(https://i.imgur.com/cfcsIkR.jpeg)
Apparently the TFL warden "threw" the ticket at him while he was in the car?! :(
I don't suppose he has a dashcam or any witnesses who can confirm this? Did he open the window as he was driving off, and crucially had the car started moving at the point where the PCN was thrown?
The photos show that no PCN had been served and the last photo shows the car wheels had started moving at the time when the photo was taken, this could be important but first we need a precise account of the sequence of events. If the car has a dashcam with footage of the events, that's even better. The case of Michael Boakye v London Borough of Bexley (2200234487, 7 August 2020) (https://drive.google.com/file/d/1NC8JPe0gqLeX0CXxf8MYK-yMHumOpXaf/view) illustrates the issue, but I know there is one floating around where the PCN was actually thrown through the window and landed in the driver's lap, that was also held not to be good service.
Lastly it seems this might have been a PCSO (as far as I can work out the T at the end of the CEO number indicates it's a Traffic PCSO), which opens up the uniform argument.
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Thanks Incandescent,
Will get him to draft something and will post it here for review before submission if that's ok.
Cheers
P
And tiles are heavy things; not things one would want to carry any distance, so emphasise their weight.
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Thanks Incandescent,
Will get him to draft something and will post it here for review before submission if that's ok.
Cheers
P
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Thanks once again
It would be fair to say that it would be difficult to miss the sign, given he was in the bay. However his rationale was because he was offloading some tiles and wouldn't take longer than the signage's stipulated time, he thought it'd be safe.
But unloading tiles counts as loading, so submit reps on that basis.
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Thanks once again
It would be fair to say that it would be difficult to miss the sign, given he was in the bay. However his rationale was because he was offloading some tiles and wouldn't take longer than the signage's stipulated time, he thought it'd be safe.
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So presumably he didn't read the sign for the bay, shown in the GSV view ?
If he wasn't loading or had no Blue Badge displayed, then the contravention is made out. However, this may not be the end of the game, so wait and see what the others say. I believe there may be a "technical" defence.
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Hi Incandescent
thanks for the note. Please see exact location where PCN was issued:
https://maps.app.goo.gl/6FwZyKz7hFiMN6fy5
He informed me he was in the vehicle, being stationary, for a little over 4 mins (PCN shows time he was being observed 13:08-13:12) when PCN was still being issued. Apparently the TFL warden "threw" the ticket at him while he was in the car?! :(
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More information is needed, like where was the vehicle parked exactly. The PCN was served by hand, so no video. Please post a GSV link to the exact location.
It's going to be somewhere along here, (quite a short distance), where the red lines and a couple of Red Route bays are because this is the A10, and is TfL controlled. Further along, Northwold Road goes to yellow lines, and the A10 goes off right along Rectory Road
https://maps.app.goo.gl/gczPEvmsDJYLJe4m6
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All,
A colleague of mine recently received a Red Route PCN and was simply wondering if there is any ground for challenging it at all please? PCN attached. I currently don't know the history except that he was parked for more than 20 minutes. Let me know of any questions please.
Thanks
(https://i.imgur.com/AO2ZASy.png)
(https://i.imgur.com/q1kYes1.png)
(https://i.imgur.com/YZcxVRF.png)
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