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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: JimmyM on July 18, 2023, 07:03:25 pm

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: cp8759 on September 09, 2023, 03:55:07 pm

Keep an eye on this thread for updates: https://www.ftla.uk/the-flame-pit/tfl-judicial-review-326/

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: JimmyM on September 06, 2023, 10:59:56 pm

My appeal was successful but TfL have, in turn, appealed that decision.

I will cut and paste my entries on Pepipoo here.

TfL are taking the **** with this - they know full well about the decision but persist with CCTV issued PCNs knowing that the vast majority pay up. It's purely a revenue stream for them and they could easily issue PCNs through CEOs and comply until such time any JR is resolved.

I will dig out the basis for TfLs appeal and post but at the moment just sitting back and waiting for it all to play out.

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: cp8759 on July 24, 2023, 11:02:04 pm

To be honest you don't really need to worry about the tribunal stage, it's all but a given that the appeal will be allowed.

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: JimmyM on July 24, 2023, 12:46:57 pm

Thank you both for your replies - this is gaining momentum and is developing on Pepipoo. I know you both contribute and can I thank you both for helping out.

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: cp8759 on July 19, 2023, 10:10:37 am

TFL's review application was refused, but it seems inevitable they will take it to judicial review. In order to include your case in the review, they will need to send you a pre-action protocol letter.

Title: Re: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: Incandescent on July 18, 2023, 11:04:43 pm

Don't worry, because I believe TfL lost their review application. CP8759 will confirm. 

If they take it to Judicial Review, (which could take many months), your case will not be affected. However we think TfL will lose at a JR too.

Title: TfL pursuing an alleged red route violation (issued by means of CCT) at Tribunal
Post by: JimmyM on July 18, 2023, 07:03:25 pm

Good evening,

I was issued a 46 red route PCN and made an initial appeal - admittedly this was rather hurried. I then happened upon the Tribunal decision of 23rd May that stayed the use of CCTV to enforce parking violations on red routes was not appropriate. I elected to go to the Tribunal citing this 'procedural impropriety' as a way to appeal..I have a date of 31st July for the hearing but on receiving TfL's bundle I find they're challenging the panel's decision. I find myself facing the tribunal when TfL are arguing over the legality of the decision - I don't believe this is fair under the circumstances.

I have added a link to my original post on Pepipoo and invite further comment.

http://forums.pepipoo.com/index.php?showtopic=150411&pid=1787272&st=0&#entry1787272

Many thanks,

James