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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: jmann on May 02, 2024, 11:36:49 am

Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: jmann on May 05, 2024, 11:15:59 am
Hi,

Thanks all

I can't get the exact text form him but in his appeal he had put something to the effect that he had parked for under 30 minutes in the box.
However he failed to realise that he was parked in the loading bay area.

Will wait for his rejection letter and revert back to you all.

Thanks
Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: cp8759 on May 03, 2024, 11:24:37 pm
doing this for a friend and yes it transpires car was parked in the loading bay area for just over 20 minutes and no loading had taken place, the sign was visible too, so on all accounts fault lies with him I guess?
Well he's at fault but that does not mean the PCN cannot be successfully challenged.

Firstly tell him to call TFL first thing on Tuesday on 0343 222 3333 and to ask for the video, TFL will send him a DVD in the post and put the penalty on hold while he waits.

Second, here are the photos:

(https://i.imgur.com/v44ad0q.jpeg)

(https://i.imgur.com/uXclyiu.jpeg)

(https://i.imgur.com/iqdPEox.jpeg)

Third, your friend is impatient and has jumped the gun:

(https://i.imgur.com/EO6xDqL.png)

It doesn't matter as there's a winning appeal here, though not on the basis of whatever he's submitted. However ask him for a copy of what he's sent.

And now the important bit: The PCN is dated 28 April which was a Sunday, and TFL do not have any postal collections on a Sunday (I have this in writing from them). Paragraph 3(1)(a) of Schedule 2 to The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 (https://www.legislation.gov.uk/uksi/2022/71/schedule/2/paragraph/3) says that:

Particulars to be included in a regulation 10 penalty charge notice[/i]
3.—(1) The information to be included in a regulation 10 penalty charge notice is—
(a) the date of the notice, which must be the date on which it is posted,

The word "must" makes this mandatory and there's no getting out of it, there has been a procedural impropriety. This ground has won before, see these cases:

Cristina Cornea v Transport for London (2230309290, 24 July 2023) (https://drive.google.com/file/d/1z-7nXLFc-FUU2A5MEZqnT_r6VvL1EpD6/view)
Martin Tony Arlington v Transport for London (2230244402, 23 August 2023) (https://drive.google.com/file/d/1Pa3c_Vk4mwWbR0S93ZUgq1wC48TEAZwP/view)

If you friend gets a notice of rejection I would definitely appeal this to the tribunal, though your friend probably wants our help as technical arguments like this are not really suited to a DIY appeal.
Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: Incandescent on May 03, 2024, 11:36:24 am
doing this for a friend and yes it transpires car was parked in the loading bay area for just over 20 minutes and no loading had taken place, the sign was visible too, so on all accounts fault lies with him I guess?
Tell him not to rush and pay before others have looked to see if there is a "technical" appeal argument. The contravention itself seems to be made out.
Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: jmann on May 03, 2024, 09:51:42 am
doing this for a friend and yes it transpires car was parked in the loading bay area for just over 20 minutes and no loading had taken place, the sign was visible too, so on all accounts fault lies with him I guess?
Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: Incandescent on May 02, 2024, 10:55:23 pm
GSV August 2022 shows the sign : -
https://maps.app.goo.gl/tModCYEExg6FSTmp8
The March 2023 view shows it turned round and facing away the shops.
Whether that is the current situation only the OP can tell us.

The sign shows that only loading for 20 minutes is allowed between 7am to 7pm.
Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: slapdash on May 02, 2024, 08:08:34 pm
That doesn't seem to be the hay you were parked. You were in thewider bay behind. Presumably a loading bay.

132 Streatham High Rd
https://maps.app.goo.gl/LrbNzdGqqLQbd5Sw9

On GSV there doesn't appear to be signage, just a pole.

Title: Re: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: Incandescent on May 02, 2024, 07:18:35 pm
Please post a GSV link to the location, telling us exactly where you parked. How long were you parked ?
Title: Contravention 46: Red Route - But parked in a 30 minute free box
Post by: jmann on May 02, 2024, 11:36:49 am
Hi,

Received this PCN for Contravention: 46 Stopped where prohibited (on a red route or clearway).
But a bit confused as I had parked in the 30 minutes free box parking. I was there for just over 20 minutes.
How to appeal this or am I missing something very obvious?

Thanks

J

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